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.

Trials open for 9 over China tainted milk scandal

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Posted on 29th December 2008 by Gordon Johnson in Uncategorized

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Date: 12/29/2008

By CHRISTOPHER BODEEN
Associated Press Writer

BEIJING (AP) — Nine people went on trial Monday in connection with China’s tainted milk scandal, state media reported, following the announcement of steps to compensate the families of hundreds of thousands of children harmed by contaminated infant formula.

The tainted formula gave babies painful kidney stones and news of the problem sent parents around the country rushing their babies to emergency rooms for tests to see if they were affected. Chinese dairy exports such as chocolate and yogurt were also found to be tainted, triggering a slew of product recalls elsewhere in Asia and in Europe, Africa and Latin America.

At least four of the suspects on trial Monday could be given the death penalty.

Hearings were held in the northern city of Shijiazhuang, where the company at the heart of the scandal — Sanlu Group Co. — is headquartered, along with three other cities in surrounding Hebei province, according to state broadcaster CCTV and the Xinhua News Agency.

The first trials in the case began for six men on Friday.

All 15 on trial have been charged with producing and selling melamine. The industrial chemical was added to raw milk because — like protein — it is high in nitrogen and can make protein levels appear higher.

Sanlu’s chairwoman and general manager, Tian Wenhua, is scheduled to go before a Shijiazhuang court Wednesday.

At least six babies died and 294,000 other children suffered kidney and urinary problems from drinking the baby formula made from the contaminated milk.

The four suspects in the Shijiazhuang trial are accused of endangering public safety and could face sentences ranging from 10 years in prison to the death penalty. It identified them as Gao Junjie, his wife Xiao Yu, Xue Jianzhong, and Zhang Yanjun.

The four are accused of having produced 200 tons of a mixture of melamine and malt dextrin, a food additive made from starch, that they marketed to milk producers, according to the reports.

Between November 2007 and August 2008, they sold 110 tons to milk producers — including Sanlu — for a total of 1.23 million yuan ($180,000), the reports said.

Although melamine, a common industrial chemical used to make plastics and fertilizer, is legal to produce and sell in China, CCTV said the court believed the men’s actions had “greatly harmed the health and safety of the consumers, especially infants, therefore violating the criminal law of China.”

It was unclear if CCTV was quoting the court. Calls to the Intermediate People’s Court went unanswered.

Xinhua said the other five are charged with producing and selling poisonous food, but did not give their names or other details.

The trials come amid moves by authorities to end a national disgrace that highlighted widespread problems with food safety and corporate and governmental malfeasance.

On Saturday, China’s Dairy Industry Association said 22 dairy producers would make a one-time cash payment to families of victims and establish a fund to cover medical bills for future health problems.

Lawyers — who are seeking to bring a lawsuit against the companies involved — say they understand most children who suffered kidney stones from the tainted milk would get 2,000 yuan ($290), while sicker children would be paid 30,000 yuan ($4,380).

Chinese courts have rejected all claims filed by the victims’ families, including a lawsuit filed this month by lawyers representing 63 defendants that sought nearly 14 million yuan ($2 million) in compensation from Sanlu.

The state-owned company has been declared bankrupt according to New Zealand’s Fonterra Group, which owns a 43 percent stake in Sanlu.

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Associated Press researcher Yu Bing contributed to this report.

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.

6 teenagers die after drinking sour milk in India

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Posted on 14th November 2008 by Gordon Johnson in Uncategorized

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Date: 11/14/2008

PATNA, India (AP) _ At least six teenagers died from suspected food poisoning after drinking sour milk at their boarding school in eastern India, an official said Friday.

Teachers panicked when the students started vomiting Thursday and rushed them to a hospital on the outskirts of Ranchi, the capital of Jharkhand state, said A.K. Basu, the state chief secretary.

The students, aged 12 and 13, initially refused to drink the unpasteurized milk, complaining to a school administrator that it had soured, Basu told The Associated Press.

But the official, Ram Jaleswar Sahu, encouraged them by drinking some himself. Sahu also became sick and was hospitalized, Basu said.

In addition to the six who died, 65 students were sickened. Most were sent home after being cleared by doctors, but 21 remained in a hospital, Basu said.

The milk was provided unpasteurized from a local dairy, and police seized samples of the milk as part of an investigation, Basu said. Unpasteurized, or raw milk — banned in several countries — does not undergo heating aimed at destroying bacteria and other pathogens, but it is commonly sold in India.

Nearly 1,000 people, including the parents and relatives of the school children, took to the streets on Friday and blocked a highway near Ranchi, demanding prosecution of the school management, police said.

There was no indication the milk had been tainted with melamine. Milk contaminated with the industrial chemical has been blamed in the deaths of four Chinese babies and the sickening of thousands more, setting off bans worldwide on dairy imports from China.

Copyright 2008 The Associated Press.

Parents file lawsuit in China against dairy firm

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Posted on 2nd October 2008 by Gordon Johnson in Uncategorized

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Date: 10/2/2008 12:45 AM

By SCOTT MCDONALD
Associated Press Writer

BEIJING (AP) _ The parents of a baby allegedly sickened in China’s tainted milk crisis are suing one of the country’s biggest dairies in the first known lawsuit stemming from the scandal, a lawyer said Thursday.

Although product liability lawsuits have become more common in recent years, the lawyer, Ji Cheng, said he would not know until next week if the court in Henan province would take the case.

“The court will make the decision whether to accept this case after the National Day holiday,” Ji said told The Associated Press. China is marking its founding with a weeklong holiday, and government agencies are closed.

The hospitalized 14-month-old from central China’s Henan province was fed infant formula made by Sanlu Group Co. from birth, according to a report by Caijing, a leading Chinese business magazine.

Lawyers said they had not heard of any other civil lawsuits being filed in response to the melamine contamination of liquid milk, yogurt and other products made with milk. Four infants have died and more than 50,000 have become ill after drinking the contaminated formula, which has been linked to kidney stones.

The lawsuit comes amid increasing public awareness of an individual’s legal rights in China. Some parents who lost their children when shoddily built schools collapsed in a massive earthquake in May reportedly tried to sue local governments, but were offered cash in return for signing pledges not to pursue legal action.

Ji said one of the sick child’s parents filed a lawsuit in a court in Zhenping county seeking US$22,000 (150,000 yuan) in compensation from Sanlu for medical, travel and other expenses incurred after the child developed kidney stones. The amount could go up because the child is still being treated.

China’s State Council, the Cabinet, has ordered hospitals to provide free treatment for sick infants, but the baby is at Beijing Children’s Hospital, which will only offer free treatment to children diagnosed ill after Sept. 12, when the scandal broke, Caijing magazine said.

One lawyer suggested his profession was under pressure to not accept lawsuits connected with the scandal.

“About one week ago, the Beijing Judicial Bureau asked Beijing lawyers to attend a meeting and requested them not to accept problematic milk powder-related cases,” said Zhou Shifeng, who was out of town and did not attend the meeting.

Other Beijing lawyers told The AP they had not come under any pressure to reject such cases.

On Wednesday, China said 15 more companies were accused of selling compromised products found to be contaminated with melamine after a new series of tests. The tainted samples were mostly milk powder products for adults.

Thirty-one samples of Chinese milk powder provided by 20 companies were found tainted with melamine after new testing, according to data seen Wednesday on China’s food safety administration’s Web site. Five of those companies had already been fingered in the scandal. Product safety officials could not be reached for comment.

The scandal has sparked global concern about Chinese food imports and recalls in several countries of Chinese-made products including milk powders, biscuits and candies such as the widely sold White Rabbit sweets, which have been pulled from shelves in the U.S., Europe and Asia.

Officials in the United States on Wednesday reported finding tainted White Rabbit candies for sale at Asian food markets in the state of New Jersey, after finding them earlier in California and Hawaii. Officials in Germany said they had discovered them for sale in the southern state of Baden Wuerttemburg.

The Shanghai-based maker of the candy, Guan Sheng Yuan Co., said last week it was halting production of the sticky, taffy-like confection, an iconic brand beloved by generations of Chinese.

Copyright 2008 The Associated Press.

Taiwan says melamine found in Nestle milk powders

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Posted on 2nd October 2008 by Gordon Johnson in Uncategorized

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Date: 10/2/2008 4:27 AM

By GILLIAN WONG
Associated Press Writer

TAIPEI, Taiwan (AP) _ Tests in Taiwan have found minor doses of the industrial chemical melamine in milk powders produced in China by the European food giant Nestle, and those products are being withdrawn, Taiwan’s health minister said Thursday.

The announcement came a day after a dairy at the heart of the tainted milk scandal in China was targeted in a lawsuit by the parents of a toddler who developed kidney stones after drinking infant formula with melamine, an attorney said.

Taiwan Health Minister Yeh Ching-chuan said milk powders that Nestle produced in Heilongjiang Province in northeastern China were found to contain between 0.3 and 0.85 parts per million of melamine.

“Such minor doses of melamine will not affect people’s health … but we will take them off shelves according to our recommended procedures,” he said.

Liang Chia-jui, a Nestle spokesman in Taipei, said the company will agree to the recall. Nestle has taken out half-page newspaper advertisements to assure Taiwanese consumers of the safety of its milk products over the past two weeks.

Yeh said Taiwan will confer with food safety experts from the United States, Japan, Europe and the World Health Organization to decide on whether to permit milk products containing traces of the chemical.

“We need to have a rational discussion on the matter because it also affects other countries,” he said.

Melamine-contaminated milk has killed four babies and sickened more than 50,000 children in mainland China.

Liang said melamine was never added to any Nestle milk products as an additive, pointing out that food experts maintain that traces of the chemical are widely found in the food chain. He insisted the milk powders produced in Heilongjiang are safe.

Taiwanese authorities have launched a sweeping inspection of milk powders and related products, including instant coffee, milk tea and baked goods. More than 160 products containing Chinese milk and vegetable-based proteins have been removed from stores.

The Chinese milk scare and the economic losses have led to renewed Taiwanese animosity toward rival China. The two sides split amid civil war in 1949 and Beijing still claims the island a part of its territory.

A team of Taiwanese food experts met with their Chinese counterparts in Beijing over the weekend and decided to set up a mechanism to quickly inform the other side about any food safety problems.

The lawsuit filed in China is believed to be the first civil lawsuit filed in response to the contamination of milk, yogurt and other Chinese dairy products with melamine.

Although product liability lawsuits have become more common in recent years, attorney Ji Cheng said he would not know until next week if the court in Henan province would take the case.

“The court will make the decision whether to accept this case after the National Day holiday,” he said.

According to the lawsuit, the boy was fed baby formula made by Sanlu Group Co. from the time of his birth, said the report by Caijing, a leading Chinese business magazine.

The child’s parents, who come from central China’s Henan province, filed a lawsuit in a court in Zhenping county seeking $22,000 in compensation from Sanlu for medical, travel and other expenses incurred after the child developed kidney stones, the magazine said.

The Zhenping court has yet to accept the case.

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Associated Press Writer Carley Petesch in New York contributed to this report.

Copyright 2008 The Associated Press.