On February 21, Red Star News learned from Yang Tao, the appellant (plaintiff in the original trial) of the "Twin Miscarriage Doubt" incident in Jiang'an County, Yibin, Sichuan Province, that the Yibin Intermediate People's Court had ruled to "revoke the first-instance judgment and remand for retrial" (Red Star News had reported: "Twin Miscarriage Suspicion Cloud" Investigation: Pregnant Women suffered abortion two days after abdominal pain hospital stenting and family members questioned millions of improper diagnosis and treatment claims).
Second-instance ruling
It is understood that in 2019, Xiao Yanhong, a young woman in Jiang'an County, Yibin City, Sichuan Province, conceived twins after marriage and was diagnosed with suspected "twin blood transfusion syndrome" at the 24th week of pregnancy.
Before going to Chengdu for treatment, Xiao Yanhong was subjected to right ureter stenting by a urologist at Jiang'an County People's Hospital (Xiao Yanhong Pregnancy Examination Hospital) due to abdominal pain and poor urination. About 34 hours after the operation, Xiao Yanhong's twin fetuses miscarried, which brought a major blow to the family.
Jiang'an County People's Hospital
After the incident, Xiao Yanhong and her husband Yang Tao sued the Jiang'an County People's Hospital to the Jiang'an County People's Court, demanding that the hospital compensate the two fetuses for death compensation, funeral expenses and other economic losses totaling more than 1.5 million yuan.
After trial, the Jiang'an County People's Court held that Xiao Yanhong's miscarriage of the fetus that left the mother's body was not a living body, but a "pregnant substance" that did not have civil capacity, and thus did not support the couple's litigation claim that the defendant bear the death compensation and funeral expenses of the two fetuses totaling more than 1.5 million yuan.
In the end, on May 7, 2021, the Jiang'an County People's Court ordered the Jiang'an County People's Hospital to compensate the plaintiffs Yang Tao and Xiao Yanhong for various economic losses of 54,663.30 yuan, including 40,000 yuan of spiritual consolation money supported by the court.
After the first-instance judgment was pronounced, Yang Tao and his wife Xiao Yanhong appealed to the Yibin Intermediate People's Court against the first-instance judgment.
After two hearings, on November 19, 2021, the Yibin Intermediate People's Court rendered the (2021) Chuan 15 Min Zhong No. 1561 Civil Ruling, holding that the facts found in the first-instance judgment were unclear.
In accordance with the third paragraph of article 170 of the Civil Procedure Law of the People's Republic of China, the Yibin Intermediate People's Court ruled: First, revoke the (2020) Sichuan Jiang'an County People's Court's (2020) Sichuan 1523 Min Chu No. 1878 Civil Judgment; second, the case was remanded to the Sichuan Jiang'an County People's Court for retrial. The appellants Yang Tao and Xiao Yanhong prepaid the acceptance fee of the second-instance case of 18,303 yuan and refunded it.
On February 21, Yang Tao told Red Star News that the two sides have re-selected a third-party appraisal agency under the auspices of the Jiang'an County People's Court to re-evaluate, but the court has not yet notified the time of the retrial.
Red Star News reporter Luo Min
Edited by Zhang Li
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