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For beauty,http://www.scopesys.com/cgi-bin/today2.cgi, buy a course from a pharmacy health medicine,http://www.erta.at/data/nuqaochlnc.html,http://bbs.gemcaa.com/showtopic-3081518.aspx, the use of not only failed to achieve the effect of beauty,http://www.sm-venus.com/privatevenus/yuuri/clip.cgi, but also lead to physical sexual dysfunction, resulting in family crisis,http://domer.pl/link/lmscsdakwb.html, Shiyan Chan will huff dealers on the court. Yesterday, the reporter learned from Shiyan Intermediate People's Court after the first trial, the second trial,http://bbs.liangtouniu.com/thread-905089-1-1.html, which causes infringement lawsuit the damage caused by the defective product has made a decision, Ms. Chen to get more than 20,000 yuan compensation.
First test health care medicine appear "abnormal reaction"
Ms. Chen,http://www.comundo.eu/info/ebubdezfdv.html, who lives in the suburbs of Shiyan,http://www.comundo.eu/info/gdvfoundyq.html, aged 45, is a female factory workers.
Day in April 2009,http://sarasa.coron.jp/bbs/joyful.cgi,http://propertychecksofmaine.com/cache/bgeiwlfpar.html, Ms. Chen accidentally saw on television advertising a brand of health medicine, the health medicine can make ovarian estrogen secretion returned to normal levels,http://www.bitax.si/cache/bymfmwzeuq.html, to beauty fundamentally effect, Ms. Chen has heart itch.
The same month on the 20th, Ms. Chen try holding the psychological, to a large pharmacy Shiyan City, brush Medicare card purchase price of 186 yuan a course of health medicine, first observed. Time of purchase, the salesperson said Chan specifically, they belong allergic constitution, whether taking the health medicine and get a positive response.
However, Chan follow the instructions care medicine after taking the drug, not only there is no effect, the body also appeared abnormal reaction. So she went to the hospital for treatment, for medical expenses and spent transport costs 9650 yuan. Year June 1, Chan went to Dongfeng Motor Corporation General Hospital allergy testing, concluded that comes health medicine (peripheral-type) allergy.
Dispensary bear more than twenty thousand of compensation
That he is taking care medicine causing physical discomfort,http://www.hotel-amira.at/cache/gllifyfdnj.html, Chan decided to find a large pharmacy claims, but the two sides failed to agree always, Chan decided to pharmacies to court. Last April 11, Shiyan City Maojian District Court of First Instance on the case be heard in public.
Trial, Chan alleged that she brush Medicare card at the pharmacy to buy a course health medicine, after taking the drug causes the body to sexual dysfunction, which led to divorce her husband, family crisis occurs, please the court shall order the large pharmacy compensation they need the total cost of 201,http://www.z-tech.jp/bbs1/sunbbs.cgi?mode=form&no=5356&page=,580 yuan, including large pharmacy false advertising misled the plaintiff to buy this product compensation 05,580 yuan, 30,000 yuan compensation for moral damage, sexual dysfunction and post-treatment costs 100,000 yuan and so on.
The person in charge of a large pharmacy claimed: Pharmacy No infringement is not liable for the support of his defense argued that the court and submitted evidence to prove that the drug is a qualified health-care products,http://www.hotel-amira.at/cache/omofbfvhfi.html.
The court held that, Chen appeared unwell after purchase health medicine use in the pharmacy, on several occasions to the hospital for treatment. The defendant shall provide evidence of its sale of products without quality problems, the evidence is insufficient to prove that the consequences of the plaintiff's damages,http://www.brightsites.biz/temp/lkjptowivz.html, and the defendant sold the product no causal relationship, the defendant shall be liable for damages.
Last December 28, Maojian District Court ruling, mental damages Chan request,http://propertychecksofmaine.com/cache/bxlcmkpevv.html, combined merits of the case to be properly supported by the Full Court collegial,http://www.sparfon24.de/link/hxiwzcfqrw.html, verdict: The big pharmacy Chen compensation for medical expenses, transportation expenses, mental anguish fees, totaling 2.4726 million. Meanwhile, Ms Chan's other claims dismissed.
Lawyer: is a special case of infringement
After the verdicts, Ms. Chen believes the compensation is too small, pleaded to the Shiyan City Intermediate People's Court of Appeal. Recently, Shiyan Intermediate People's Court after hearing rejected Chan's appeal and upheld the original verdict.
Turning to the present case,http://bbs.90game.cn/forum.php?mod=viewthread&tid=6419591, Hubei Peng Lei Suqin counsel to the law firm were analyzed, she thinks the damage caused by the defective product liability as a special tort liability, in accordance with the law, as long as the product is defective or cause bodily or property damage, in addition to The subject matter may be outside the statutory exemption, regardless of the defect on the existence of the producers of subjective fault, should bear the liability.
The burden of proof on the victim just to prove the use of defective products, defective products is the reason for the use of the damage occurred, that complete their burden of proof. The producers do not need to prove a causal link between the establishment of or damage to the victim exemptions of their products.
Victims can claim compensation to the producers,http://mt.fresheye.com/ft_form.cgi,http://gracebrasil.org.br/cache/vpechhuana.html, who can sell products to claim compensation. Are products of producer responsibility, product sales were compensation, product sales producers who are entitled to recover.