In switch, China courts accept tainted milk suits

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Posted on 3rd March 2009 by Gordon Johnson in Uncategorized

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Date: 3/3/2009

By ANITA CHANG
Associated Press Writer

BEIJING (AP) — For months, courts across China refused to accept the lawsuits from families whose children were killed or sickened in a tainted milk scandal. Now, in a turnaround, hundreds of families are planning to file suit after the country’s highest court this week said cases would be accepted.

The move signals a change in the way Beijing is handling fallout from the scandal, which killed at least six babies and sickened nearly 300,000 with kidney stones and kidney failure. A government-sanctioned compensation plan had been expected to ease public anger, but instead it gave embittered, outspoken parents across China a common cause.

“There will be lawsuits against all 22 dairy companies,” said Zhao Lianhai, who has rallied victims’ parents through a Web site he created.

He said Tuesday the 600-plus families involved want compensation for emotional harm as well as medical and other expenses — demands that go beyond the government’s one-time payouts.

But it was not clear how the government planned to handle the cases. One lawyer who filed a lawsuit this week on behalf of dozens of families said he was told the court was supposed to guide him toward the existing compensation plan.

Infant formula contaminated with the industrial chemical melamine was blamed in the scandal that was exposed last September. Unscrupulous middlemen are accused of adding melamine, which is high in nitrogen, to watered-down milk to fool quality tests for protein content.

The crisis highlighted the need for major overhauls to China’s food safety system, culminating in a law passed over the weekend that consolidates hundreds of regulations covering the country’s 500,000 food processing companies.

On Monday, Shen Deyong, executive vice president of China’s highest court, said courts will accept compensation cases in the scandal.

“The courts have done the preparation work and will accept the compensation cases at any time, ” Shen said in an online interview with the official People’s Daily Newspaper.

Already, Beijing attorney Li Jinglin said he filed an 8 million yuan ($1.2 million) lawsuit Monday in northern China’s Qingdao Intermediate People’s Court on behalf of 54 families. Their children became sick after drinking Shengyuan brand milk, whose parent company is based in Qingdao.

Li said he expected a response from the court this week. But he said a court official told him: “We have the responsibility of guiding you toward accepting the compensation plan from the companies involved … According to our situation, we are prepared to give the same amount of compensation as the dairies.”

A man in the propaganda department at the Qingdao court said he was not aware of the case.

Under the payout plan organized by the dairies, families whose children died received 200,000 yuan ($29,000), while others received 30,000 yuan ($4,380) for serious cases of kidney stones and 2,000 yuan ($290) for less severe cases.

More than 95 percent of victims’ families had accepted the money, Shen said in the interview.

Since the scandal broke, victims’ parents tried several times to file lawsuits, but courts refused to take their documents. Chinese courts often turn down class-action suits, preferring to deal with cases one by one to avoid running afoul of Communist Party officials, who ultimately control the judiciary.

At least 100 families who have already accepted compensation money plan to file lawsuits, lawyer Xu Zhiyong said, conceding that some could be rejected.

“Strictly speaking, after you sign the agreement accepting the compensation, you can’t file a case. But if you can prove that you were forced to accept the money, then you can sue,” he said.

One parent who took the money said it wasn’t enough, but he didn’t plan to fight on.

Luo Ming, whose 2-year-old daughter was diagnosed with kidney stones but apparently has recovered, said he spent 40,000 yuan ($5,850) in medical fees and travel costs and was forced to take six weeks of unpaid leave from his job as a machine designer in central Hunan province.

In January, local health authorities told him 2,000 ($290) in compensation was the best the family could expect.

It wasn’t enough, Luo said. But “my job has been affected, and the government hasn’t helped me. So I’m just going to give up.”

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Associated Press researcher Xi Yue in Beijing contributed to this report.

Copyright 2009 The Associated Press.

China investigating kidney ailments in babies

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Posted on 19th February 2009 by Gordon Johnson in Uncategorized

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Date: 2/19/2009

By AUDRA ANG
Associated Press Writer

BEIJING (AP) — Chinese health officials are investigating a growing number of cases of kidney stones in babies, state media said Thursday, months after a tainted milk scandal in which hundreds of thousands of children who drank melamine-contaminated formula suffered similar ailments.

While the Health Ministry has not directly linked the new cases to dairy products, parents are blaming formula made by Dumex Baby Food Co. Ltd., a subsidiary of France’s Groupe Danone SA. Dumex insists that its products are safe, and health officials said tests showed they are free of melamine, an industrial chemical.

The China Daily newspaper said Thursday that the Health Ministry has asked all local health bureaus to begin epidemiological research on kidney problems in children, including checking their eating habits and living environment.

“We’re trying to find out why the number of kidney ailments among babies has risen drastically,” Ma Yangchen of the ministry’s press office was quoted as saying. The report did not say how many children have become sick, when they became ill or what triggered the investigation.

A woman who answered the telephone at the Health Ministry said there was no official statement on the matter.

The ministry’s investigation reflects government efforts to restore public confidence after milk tainted with melamine, used in the production of plastics and fertilizer, was linked to the deaths last year of at least six Chinese babies and illnesses of nearly 300,000 others.

The scandal, which unfolded in September, was one of the country’s worst food contamination crises. It involved the products of China’s biggest dairies and underscored the government’s problems with policing product quality.

State media have said that officials started looking into Dumex because of overseas media reports last month that about 48 Chinese babies suffered kidney-related illnesses after drinking the company’s milk. It did not identify the reports.

Dumex has insisted that all its products are safe. The Shanghai Municipal Bureau of Quality and Technical Supervision said over the weekend it had tested 932 batches of dairy products produced by the Danone subsidiary since mid-September “and all are melamine-free.”

It also said no melamine was found in more than 1,700 batches produced before mid-September, when the dairy scandal broke.

Dumex’s main China office in Shanghai had no immediate comment Thursday.

Jiang Yalin, a mother in the southwestern province of Guizhou and the leader of a parents’ group, said her daughter drank only Dumex milk after she turned 1 and fell sick about two months later. She cried constantly at night, even in her sleep, and started having problems urinating, Jiang said.

When Jiang took her daughter to the hospital in September after reading about the tainted milk scandal, doctors said the child had stones as big as rice grains in both her kidneys.

“I was stunned. I felt helpless and angry,” Jiang said in a telephone interview.

The girl has since recovered and Jiang says doctors have declared her healthy.

Jiang said she has compiled a list of more than 100 babies — the youngest only a couple of months old — who fell sick after drinking Dumex and may file a suit against the company.

“I must figure out what exactly it was that harmed my daughter. I must know,” Jiang said.

___

Associated Press researcher Xi Yue contributed to this report.

Copyright 2009 The Associated Press.

China: Parents of milk victims demand better deal

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Posted on 23rd January 2009 by Gordon Johnson in Uncategorized

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Date: 1/23/2009

By TINI TRAN
Associated Press Writer

BEIJING (AP) — Chinese parents whose children were sickened after drinking contaminated milk pushed the government for greater accountability and compensation Friday, a day after a court handed down two death penalties and long prison terms for 19 other defendants.

Milk formula laced with the industrial chemical melamine has been blamed for causing the deaths of at least six infants and sickening nearly 300,000 others with kidney stones and other problems.

Zhao Lianhai, a parent who has rallied families through a Web site he created that details the crisis, said Friday that he and three others were presenting a petition to the Ministry of Health.

The petition, signed by some 550 parents, calls for free medical care and follow-up services for all victims, reimbursement for treatment already paid for, and further research into the long-term health effects of melamine among other demands.

“Children are the future of every family, and moreover, they are the future of this country,” the petition said. “As consumers, we have been greatly damaged.”

But state television reported Friday that most of the families had accepted payouts offered by the 22 dairies responsible for the contamination under a government-led plan.

The report is indicative of the communist leadership’s eagerness to bring an end to the embarrassing scandal. It also appeared to be trying to portray parents who were rejecting the payments as out of step with the majority.

Jiang Yaling, a parent from Guizhou, said the parents who are asking for a better deal held a meeting with several Health Ministry officials on Friday. She said the officials pledged to “respect our petition” and process it quickly.

“It’s not a matter of what the officials say to us, but it’s a matter of what they do. If these demands are not met, my child could have a life span of only 10 years. What kind of life is that? My child is my everything,” Jiang said.

The Health Ministry did not immediately respond to a faxed list of questions from The Associated Press.

Jiang said the group also planned to submit the same petition to the China Dairy Association and China’s food safety regulators later in the day.

The 22 dairy companies involved in the scandal have proposed a 1.1 billion yuan ($160 million) compensation plan. Families whose children died would receive 200,000 yuan ($29,000), while others would receive 30,000 yuan ($4,380) for serious cases of kidney stones and 2,000 yuan ($290) for less severe cases.

The China Dairy Association said the distribution of compensation payments was nearly complete, and that than 262,000 families — or 90 percent of the official total — had accepted the dairies’ offers by Thursday, CCTV reported.

Calls to the dairy association rang unanswered.

Many parents who rejected the compensation payments say they were inadequate and complained that the plan did not have the families’ input.

On Thursday, 21 defendants blamed in the milk scandal were sentenced, including the former general manager and chairwoman of Sanlu Group Co., the dairy at the center of the scandal.

Tian Wenhua, 66, the highest-ranking executive charged in the food safety crisis, was given life imprisonment while three other company executives got sentences between five and 15 years.

Investigations showed that middlemen who sold milk to dairy companies including Sanlu were watering down raw milk, then mixing in melamine to make it appear to have a higher protein content.

One of those middlemen, Geng Jinping, who supplied hundreds of tons of melamine-tainted milk to Sanlu, was sentenced to death. Also condemned was Zhang Yujun, who ran a workshop that produced melamine-tainted powder branded as protein powder.

Copyright 2009 The Associated Press.

China court refuses to accept tainted milk lawsuit

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Posted on 8th December 2008 by Gordon Johnson in Uncategorized

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Date: 12/8/2008

By HENRY SANDERSON
Associated Press Writer

BEIJING (AP) — A court on Monday refused to accept a lawsuit filed against a Chinese dairy by dozens of families who said their children were sickened or killed by tainted milk, lawyers involved in the case said.

The 63 defendants in the first-known group lawsuit stemming from the scandal, including the parents of two children who died, were seeking nearly 14 million yuan ($2 million) in compensation from state-owned Sanlu Group Co., Beijing-based lawyer Xu Zhiyong said.

The dairy based in the northern Chinese city of Shijiazhuang was at the center of China’s worst food safety crisis in years, in which six babies are believed to have died and nearly 300,000 became sick with urinary problems after drinking infant formula tainted with the industrial chemical melamine.

Three of six defense lawyers presented the suit to the Hebei Supreme Court’s registry office on Monday but were told it could not be accepted because government departments were still investigating.

“We think it was their excuse for not accepting the case. We will continue to push the case and give them pressure,” said activist lawyer Li Fangping, who helped organize the case.

The court in Hebei, the province where Sanlu is based, took the documents, lawyers said.

“We presented our documents and we expressed our concern. We will keep contacting them to see what’s the progress,” attorney Lan Zhixue said.

China’s Health Ministry acknowledged last week that six babies likely died, twice the previous figure, and 294,000 babies suffered urinary problems from drinking contaminated infant formula, a six-fold increase from its last tally in September.

The government has said that Sanlu knew as early as last year that its products were tainted with melamine and that company and local officials first tried to cover it up.

Like a number of major dairies, Sanlu was said to have excellent quality controls that allowed it to enjoy a government-granted inspection-exempt status.

So far there has been no word on compensation for the sick babies, apart from an offer of free medical care. At least a dozen individual cases have been filed against Sanlu but are caught in a legal limbo, while lawyers who have volunteered to help families have been pressured to drop their work.

Courts often turn down group suits, preferring to deal one-by-one with cases to appear more productive and avoid running afoul of Communist Party officials, who ultimately control the judiciary.

Hearing a group case on tainted milk would also bring sensitive issues of culpability out in court. The central government said it only learned of the scandal Sept. 8 — it does not say how — even though inspection, health and other government departments in Hebei province and Beijing knew earlier.

The lawyers were told by the Shijiazhuang prosecutor’s office that criminal cases involving Sanlu milk were still being discussed and have not begun to be prosecuted.

The suit lays out eight compensation packages, depending on the severity of illness, and seeks a total of 6.82 million yuan ($991,000) for medical fees, cost of food and transportation fees for the group, as well as 6.91 million yuan ($1 million) for psychological damage.

Xu said there were two cases of deaths among the claimants, one in Henan province and another in Gansu province.

The illnesses of so many children highlighted the widespread practice of adding melamine — often used in manufacturing plastics — to watered-down milk to fool protein tests. Melamine is rich in nitrogen, which registers as protein on many routine tests.

Though melamine is not believed to be harmful in tiny amounts, higher concentrations produce kidney stones, which can block the ducts that carry urine from the body, and in serious cases can cause kidney failure.

Copyright 2008 The Associated Press.

Deaths in China milk scandal go uncounted

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Posted on 17th November 2008 by Gordon Johnson in Uncategorized

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Date: 11/16/2008

By CHARLES HUTZLER
Associated Press Writer

LITI VILLAGE, China (AP) _ Li Xiaokai died of kidney failure on the old wooden bed in the family farmhouse, just before dawn on a drizzly Sept. 10.

Her grandmother wrapped the 9-month-old in a wool blanket. Her father handed the body to village men for burial by a muddy creek. The doctors and family never knew why she got sick. A day later, state media reported that the type of infant formula she drank had been adulterated with an industrial chemical.

Yet the deaths of Xiaokai and at least four other babies are not included in China’s official death toll from its worst food safety scare in years. The Health Ministry’s count stands at only three deaths.

The stories of these uncounted babies suggest that China’s tainted milk scandal has exacted a higher human toll than the government has so far acknowledged. Without an official verdict on the deaths, families worry they will be unable to bring lawsuits and refused compensation.

So far, nobody is suggesting large numbers of deaths are being concealed. But so many months passed before the scandal was exposed that it’s likely more babies fell sick or died than official figures reflect.

Beijing’s apparent reluctance to admit a higher toll is reinforcing perceptions that the authoritarian government cares more about tamping down criticism than helping families. Lawyers, doctors and reporters have said privately that authorities pressured them to not play up the human cost or efforts to get compensation from the government or Sanlu, the formula maker.

“It’s hard to say how the government will handle this matter,” said Zhang Xinkui, a Beijing-based lawyer amassing evidence of the contamination for a possible lawsuit. “There may be many children who perhaps died from drinking Sanlu powdered milk or perhaps from a different cause. But there’s no system in place to find out.”

In the weeks since Xiaokai’s death, her father and his older brother have talked to lawyers and beseeched health officials, with no result.

“My heart is in pain,” said her father, Li Xiaoquan, a short, taciturn farmer with hooded eyes. From a corner of his farmhouse courtyard in central China’s wheat and corn flatlands, he pulls a worn green box that once held apples and is now stuffed with empty pink wrappers of the Sanlu Infant Formula Milk Powder that Xiaokai nursed on. “We think someone, the company, should compensate us.”

In coal-mining country 450 miles (725 kilometers) to the northwest, Tian Xiaowei waits for his wife to leave their newly built house before removing five small photos of a wide-eyed baby boy from a brown plastic document folder. “She breaks down when she sees them,” Tian said. The photos are the only mementos left of year-old Tian Jin, who died in August.

“I want these people who poisoned the milk powder to receive the severest punishment under law. I want an explanation and I want consolation for my dead child,” said Tian, a broad-shouldered apple farmer and part-time truck driver. “I feel like we could die from regret. If we knew that it was contaminated, we would never have fed him that.”

Since September, when the scandal was first reported, Beijing has said that Shijiazhuang Sanlu Group Co., the dairy, knew as early as last year that its products were tainted with melamine and that company and local officials first tried to cover it up.

The government has promised free medical treatment to the 50,000 children sickened, and unspecified compensation to them and families of the dead. The Health Ministry, which is coordinating the government’s response, declined to answer questions about the compensation plan and whether it was investigating deaths and illnesses not yet counted by the government.

Melamine, a chemical used as a flame retardant and binding agent to make cooking utensils and industrial coatings, is rich in nitrogen. As such, it makes an attractive low-cost additive to milk and other foods; nitrogen registers as protein on many routine tests.

Though melamine is not believed harmful in tiny amounts, higher concentrations produce kidney stones, which can block the ducts that carry urine from the body, and in serious cases can cause kidney failure.

All eight babies who died were diagnosed with kidney failure, according to the families, medical records or state media accounts. All also supposedly drank Sanlu infant formula or powdered milk.

The fathers of Li Xiaokai and Tian Jin both wave inch-thick sheaves of medical reports and tests from their children’s stays in hospitals. Xiaokai, a twin older than her sister Xiaoyan by three minutes, was fed with Sanlu formula while the younger girl nursed on breast milk because their mother did not have enough for both, family members said.

An ultrasound examination of Xiaokai’s kidneys at the Zhengzhou Children’s Hospital on Aug. 21 found a stone in each kidney that was about the size of a small marble and 2½ times larger than what doctors consider a critical threshold.

Tian Xiaowei, the apple farmer, sent bags of Sanlu infant formula to a government laboratory in September. The Xi’an Product Quality Supervision Institute’s report, dated Oct. 8, found melamine levels of 1,748 milligrams per kilogram, more than 800 times the government-set limit.

Then there’s Wang Siyu, the daughter of an accountant and proprietor of an Internet cafe in the central city of Shangqiu. Siyu was fed Sanlu products from birth and developed recurring kidney problems in May last year, at age 3, said her mother, Li Songmei.

Twice hospitalized, she was taken off Sanlu milk and started to recover, only to fall ill again when the family began to give her Sanlu products, Li said. Sick for a third time and swollen, she died of kidney failure at the Zhengzhou Children’s Hospital on May 2, said Li.

“Ever since she was born, she had been using Sanlu milk. Only when she felt sick and couldn’t eat did she stop taking Sanlu,” said Li.

Others among the five include an infant in far western Xinjiang province, whose story was posted on the provincial government Web site, and a 6-month-old boy in southeastern Jiangxi province, reported by the New Legal Daily. A reporter who worked on the article and would give only his surname, Liu, said the newspaper was careful not to blame Cai Cong’s death on Sanlu formula because “the local government has not yet reached a verdict.”

Medical experts say kidney stones in infants are rare. Doctors in several parts of China first noticed a rise in cases in the past two years. Pediatric urologist Feng Dongchuan tried to sound an alarm, posting an item on his blog in July about a spike in cases at his hospital in the central city of Xuzhou and in nearby Nanjing city. Feng pinpointed infant formula as the likely cause.

Feng at first refused requests for interviews, then responded in a terse e-mail: “The chance for infants or small children to come down with kidney stones is very small, and having stones that obstruct both kidneys is even more rare.”

Like the others, the Li family grew distressed when Xiaokai started to become fussy in July. With their two-acre (8,000-square-meter) farm in Liti Village, her parents never had much money and already had a child, a son. But they wanted a larger family, bucking the one-child family planning limits. Xiaokai was “the more active” of the twins, said her 70-year-old grandmother, Li Xuan.

By August, Xiaokai was running a high fever, unabated by ever higher doses of medicine. Alarmed after she stopped eating and urinating, the family took her to the nearby Runnan county hospital on Aug. 18. The doctors diagnosed kidney failure and rushed her overnight by ambulance to Zhengzhou Children’s Hospital, three hours away and the best in Henan province.

“They knew right away,” said the father, Li. Xiaokai was run thr
ough tests and put on intravenous solutions to try to shrink the kidney stones. Unable to stay with her or afford a hotel, Li and his mother slept on the pavement outside the hospital. After five days, the hospital said it could do no more.

“The doctors wouldn’t operate because they said ‘she’s too small,’” said Li. They suggested taking Xiaokai to Beijing or Shanghai. Hospital officials declined comment and refused to make Xiaokai’s doctor available.

The hospital stay in Zhengzhou cost 7,331 yuan, or $1,070 — about a year’s cash income for the family — and they had already borrowed money to pay for Xiaokai’s care.

So Li brought Xiaokai home to die. They took her to a traditional medicine doctor in the village, who gave her an herbal medicine and confirmed the grim prognosis. “The old doctor told us ‘the child will die in 10 to 18 days,’” Li said.

Early on Sept. 10 while it was still dark, the grandmother called Li into the side room where she and Xiaokai slept. “Her stomach was puffy” — a sign of kidney failure — “and she wasn’t breathing,” he said.

In many parts of north China, the death of a child is considered a misfortune that can bring bad luck on a family and is best suppressed. Accordingly, Li Haiqin, a cousin, and three other men took Xiaokai to a creek on the far side of the village fields. They put a brick in the blanket with the body and placed it in a shallow hole under a path between rows of poplar trees. Then they walked back in silence beneath a gray dawn and a light rain. No close family members were there and none was told where the grave is.

Xiaokai’s family says Beijing had waived regular inspections of Sanlu because its quality controls were said to be excellent. “The government should shoulder its responsibility. This was a national brand, inspection-exempt products,” said Xiaokai’s uncle, Li Shenyi.

Since the death, Li Shenyi approached the Runnan county Health Bureau to classify Xiaokai’s death as caused by tainted formula. “They said the upper levels (of government) were working on it,” he said.

The county health bureau referred calls to its supervisors in Zhumadian city, who said ultimately it was up to Beijing.

“Right now, the Health Ministry has no clear explanation on how the victim’s families should be compensated,” said a Ms. Shang at the Zhumadian Health Bureau’s medical affairs office. “Nobody knows.”

Copyright 2008 The Associated Press.

3 more girls suffer kidney stones in Macau

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Posted on 11th November 2008 by Gordon Johnson in Uncategorized

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Date: 11/11/2008

HONG KONG (AP) _ Macau authorities say three more children in the Chinese gambling enclave have developed kidney stones that may be linked to Chinese milk contaminated with the industrial chemical melamine.

A government statement says the three girls aged from 4 to 8 are in stable condition and do not require hospitalization.

The Monday statement says the children attend schools where authorities provide students with free milk produced by Yili Industrial Group Co.

Yili is one of several Chinese dairies implicated in a scandal on the mainland in which melamine-laced dairy products have killed four infants and sickened more than 50,000.

Melamine is used to make plastics and fertilizer.

Copyright 2008 The Associated Press.