In February of this year, Yao Ce, a 28-year-old young man from Jiujiang, Jiangxi, was diagnosed with liver cancer. His mother, Ms. Xu, wanted to "cut the liver and save her son" but found that her son was not blood relative, but was born to Ms. Du from Zhengzhou, Henan. Ms. Du's son Guo Wei He is the biological son of Ms. Xu.

This uncovered a case of a hospital holding the wrong baby 28 years ago.

  The incident of "replacement of life for 28 years" continues to arouse social attention.

The hospital and the two families involved have never reached an agreement on responsibilities and compensation.

On the morning of September 25, the case of "replacement of life for 28 years" was held at the People's Court of Gulou District, Kaifeng City, Henan Province.

  At present, the focus of the dispute between the two parties is

mainly whether Yao Ce's condition has developed from hepatitis B to advanced liver cancer, whether there is a causal relationship with the miscarriage of the baby that year, and whether the hospital involved should bear the responsibility for this.

  The two families believed that it was precisely because of the "wrong holding of the baby" that the hospital failed to block the mother-to-child hepatitis B virus of the newborn Yao Ce in 1992.

The hospital believed that it was impossible to protect him from hepatitis B in 1992 due to the limitation of the medical level at that time.

The hospital stated that the hospital does not shy away from the division of responsibilities and is willing to take responsibility.

But is there a certain relationship between Yao Ce's liver cancer and the wrong baby incident?

This is the focus of contention.

  On September 25th, Yao Ce returned to the hospital where he was born and had contact with the hospital for the first time.

Zhang Peng, director of the Medical and Patient Affairs Office of Huaihe Hospital of Henan University, said that due to the age, the responsibility of the hospital shall be determined by the court's judgment. When the judged compensation is extra, the public welfare fund will be activated to continue to help.

Result of the trial: first pay the plaintiff 100,000 yuan

  It is understood that the current trial has ended and the verdict has not been pronounced in court. The plaintiff applied in court for an execution of 100,000 yuan in compensation for treatment, which was supported by the court.

  On the evening of the 25th, Zhou Zhaocheng, the lawyer representing the plaintiff Yao Ce, accepted an exclusive interview with a reporter from the Central Station.

Zhou Zhaocheng said: "After we file a lawsuit, we hope that the court will fully consider that the plaintiff Yao Ce is currently ill and is in urgent need of medical expenses, and the current plaintiff Yao Ce has been unable to pay for the medical expenses. Therefore, in accordance with the "Civil Procedure Law of the People's Republic of China" 100 According to Article 6, an application was made for the court’s ruling to be enforced first, and the defendant was ordered to pay Yao Ce’s medical expenses in advance of 360,339.54 yuan.

In the trial, this application was supported by the court. The defendant, Henan University Huaihe Hospital, gave the plaintiff Yao Ce’s advance payment in court. Check for 100,000 yuan.

"

Lawyer: The key case has been lost and there is no real possibility to initiate the identification

  According to the attorney Zhou Zhaocheng, a total of 27 sets of evidence were submitted to the court earlier.

These evidences include "28 years ago, the plaintiff’s production case data, the plaintiff’s DNA identification data, Guo Wei and Yao Ce’s relatives and sisters hepatitis B test results, Yao Ce’s cancer case data, and Guo Wei’s childhood hepatitis B vaccine injection and other key witnesses’ testimony, etc." The key facts of this case.

  Attorney Zhou Zhaocheng stated that the previous defendant’s application to "identify whether there is a causal relationship between Yao Ce's non-injection of hepatitis B vaccine at birth and his discovery of hepatitis B infection at the age of 2 and a half, and the degree of participation", the court has not yet clarified. Inform whether the case requires causality identification.

"Because the key cases of the factual evidence for the identification have been lost by the defendant at the Huaihe Hospital of Henan University, there is no real possibility to initiate the identification. Moreover, the initiation of the identification will objectively lengthen the litigation time of this case, so in order to get Yao Ce to save life as soon as possible Money, we always hope that the court will adopt our opinions and make a ruling as soon as possible."

Client Yao Ce: Compared with compensation, I am more eager to know the truth

  On September 20th, Yao Ce, the person involved in the "Missing Life for 28 Years" case, rushed to Henan from Jiangxi with his wife and children. The first stop was Zhumadian, where he saw his biological parents and returned to his home.

At the same time, I also met with the family of Guo Wei, another party whose lives were misplaced. The family was happy and happy together.

But Yao Ce's body is still very weak.

  On September 22, Yao Ce's family arrived in Luoyang and met his 87-year-old grandmother.

I went to Lankao early in the morning on September 24 and returned to my own father's hometown to visit relatives.

  On September 25, Yao Ce returned to the hospital involved in the accident.

Soon after the operation, he had limited mobility and had to come in a wheelchair.

He said that revisiting the hospital where he came to change his destiny is his "bucket list."

At the same time, he also hopes to communicate with the person in charge of the hospital, and continue to seek the truth about the mistake he was held back then.

  Yao Ce once said: "

Frankly speaking, I am more eager to know the truth than compensation

. So I want to take advantage of my breath now, and I want to personally investigate what happened in the hospital 28 years ago? How did I get hugged? Incorrect? "

  Producer丨Li Zhe

  Chief Editor丨Sun Xue

  Reporter丨Hu Xiaohui, Fan Cunbao, Gao Dandan