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Fight over toxic gel implants back in court

By Chen Hong (China Daily)
Updated: 2009-10-13 09:08

SHENZHEN: The country's first legal case associated with a toxic gel that had been widely used for breast enlargement headed back to court on Monday, with both parties involved appealing the outcome of an earlier trial.

Zhang Huiqin had been awarded nearly 20,000 yuan ($2,900) following failed surgery to change the shape of her face using the gel.

She had, however, been seeking more than 300,000 yuan.

"It was an encouraging result since my client finally won after a five-year battle and the judge accepted most of our arguments," said Zhang's lawyer Pu Zhiqiang. "But the compensation could barely make up for my client's losses, especially the psychosocial harm."

Zhang's troubles began when she had plastic surgery to improve the shape of her face at the Shenzhen Fuhua Plastic and Aesthetic Hospital.

She had injections of hydrophilic polyacrylamide gel, known as PAAG, around her temples in September 2002. But the dream of beauty soon became a life-long nightmare.

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Her face swelled with unbearable pain shortly after the surgery and she suffered frequent vomiting. She underwent two surgeries in November 2002 and April 2003 to remove the gel, but the residual gel that moved to other parts of her face continued to cause her constant pain, headaches and dizziness.

The State Food and Drug Administration banned the production and marketing of PAAG in April 2006 after receiving a flood of complaints from users.

A report by the administration's Drug Re-evaluation Center said about 7.5 per cent of the 11,360 users investigated reported negative reactions ranging from pain caused by the gel moving to other parts of the body, to even having to have their breasts removed.

"Because of my client's consistent fight against the hospital and the producer, she has played an important role in leading to the ban of the toxic gel," said Pu, a high-profile lawyer who charged only 1 yuan to help Zhang.

Meanwhile, the hospital denied any allegation of malpractice by its surgeons and tried to convince the court that the plaintiff's suffering was caused by her own carelessness.

Pu said he believed yesterday's second trial was more favorable to his client.

The Luohu District People's Court in February awarded Zhang roughly 13,300 yuan medical and transportation costs and 6,000 yuan psychological losses.

Appealing to the Shenzhen Intermediate People's Court, she demanded 200,000 yuan in compensation for psychological losses, a 5,130-yuan medical refund, 30,000 yuan for all expenses and 70,000 compensation for permanent physical harm from the private hospital.

No verdict was given on Monday.