AIDS patients get US$1.2m
(HU YAN) China Daily 09/11/2001
[Ed Note: to date just over $6,000 has been paid out by the hospital]

SHANGHAI: The family of a woman who died after contracting HIV through a blood transfusion at a Nanzhang County hospital in Hubei Province, Central China, will get 10 million yuan (US$1.2 million) in compensation, according to a court ruling made public yesterday.
The record amount, issued by the Wuxian People's Court in East China's Jiangsu Province, proves that the law does protect victims, said Zhang Bin, the attorney for Shen Jieyong and his 3-year-old daughter, Shen Cheng.
Still, Zhang worried that the hospital was struggling financially and would not be able to fully compensate the family.
Shen's wife, Chen Xiumei, grew ill early last year and tested positive for HIV in July 2000. Shen and his daughter were confirmed as HIV/AIDS carriers soon after. His wife died of the disease late last year.
Since Shen and his wife were monogamous, he suspected that the source of the disease was one of two blood transfusions his wife had had.
In January 1998, Chen was suffering from anemia and given 400 millilitres of blood in Wuxian County No 1 People's Hospital of Jiangsu Province.
Then in February 1998, while giving birth to her daughter, she was given 1,200 millilitres of blood in Nanzhang County No 2 People's Hospital. Fifty millilitres contained imported blood product.
The couple decided to sue the two hospitals and related blood collectors and blood product providers last September. They sought about 13 million yuan (US$1.57 million) for medical costs and compensation.
Yesterday's court decision came after a year-long investigation into the source of the infection. It was not known why the penalty was reduced to 10 million yuan.
According to the ruling, Wuxian hospital and two local blood collection centres were not to be held responsible or pay any costs because the blood they provided was proven to be safe.
Nanzhang hospital, however, had collected and provided blood without State licences. And since the blood given to Chen was not checked for HIV, it could not be ruled out as safe.
Therefore, the court concluded beyond a reasonable doubt that the blood given to Chen at Nanzhang hospital was tainted.
The hospital was ordered to pay 58,000 yuan (US$7,000) to Chen's other relatives and 205,000 (US$24,700) to Shen and his daughter.
After this year, Shen and his daughter will each get an annual compensation of 90,104 yuan (US$10,856) from the hospital. Payments will stop if a cure is found for them.