Haemophiliac sues company for HIV infection
By Wu Yong (China Daily)
Updated: 2006-01-12 06:27

SHENYANG: A haemophiliac who claims he contracted the HIV virus from a blood product has launched a 20 million yuan (US$2.5 million) compensation battle.

Ziqiang, a Shenyang resident in his 30s, whose name has been changed to protect his identity, said he was infected with the HIV virus after using factor VIII.

Factor VIII is a blood product for haemophilia which was made by Shanghai Institute of Biological Products (SIBP).

SIBP, part of the China National Biotec Corporation, is a large State-owned enterprise for the research and development, production and marketing of biological products.

Ziqiang only discovered he was HIV positive when his wife was also diagnosed in 2003, when she went to donate blood.

Ziqiang claims he unknowingly passed the virus on to her.

He used the blood product for two years from 1994.

However, according to Ministry of Health regulations, SIBP stopped producing factor VIII in 1995 because of health fears.

Ziqiang's lawyer Wu Yuntao, from local Liaoning Shengheng Law Consultant Agency, said the company failed to inform patients of the possible damage the product could cause.

"Moreover, they did not stop selling the product until 1996. This has led to the serious condition of my client" Wu said.

He added he had collected "enough" evidence against SIBP to support his client's claim.

"It is their product that has caused the serious damage to my client. SIBP should pay the compensation," Wu told China Daily.

Li Wansheng, a senior manager of SIBP, said the company always followed Ministry of Health regulations.

"We are a State-owned enterprise. Our aim is to serve people," Li said.

"If our product has a problem, it is due to the confines of techniques and knowledge at that time. It is unfair for us to be responsible for that."

Li said SIBP stopped the production of the product of factor VIII in 1995 in line with Ministry of Health regulations. But he admitted that some marketing departments might have had stockpiles, which were sold later on.

Kong Delin, head of China Hemophilia Home, a non-governmental organization, has been involved in organizing and helping the infected hemophiliacs to seek compensation from SIBP over the past few years.

Kong was also a victim of the product but was 'luckily' infected with hepatitis C instead of the HIV virus.

According to Kong, there are more than 100 haemophiliacs confirmed to have contracted the HIV virus or hepatitis C through infected blood products in the early 1990s across the country.

About 60 of them, who live in Shanghai, have received 100,000 yuan ($12,500) compensation and monthly 1,000 yuan (US$125) allowances from the local Shanghai Red Cross.

Kong revealed that the money for compensation and allowances are given by SIBP.

Kong said: "We need help, especially those victims who contracted the HIV virus and hepatitis from blood products.

"We just want the company to pay our treatment fees."

Local media reported that Central China's Henan Province has been one of the most important blood collection bases for many enterprises such as SIBP.

Many farmers were infected in the donation procedures because of poor equipment and management.

Contaminated supplies were unwittingly taken on by enterprises such as SIBP and then the related blood products were distributed around the country.

Kong said he believed there could be about 500 cases similar to Ziqiang's in the country. But for various reasons they have kept silent.

There are about 10 people, most of whom are in their 30s, who have died in Shanghai from SIBP's infected blood products since 1993.