Overnight, Yang Qiong changed back into a "child": she can't dress, she can't tell the difference between left and right with her shoes, she can't sweep the floor and cook... Although she is 29 years old this year, she is a mother of two children.
The change happened on the eve of the Spring Festival in 2019. The factory was already on holiday, and Yang Qiong went to a barber shop in the Economic Development Zone of Guang'an City, Sichuan Province, to do her hair, so that she could return to her mother's house before the Spring Festival and visit her parents who had been working outside for many years and returning home for the New Year.
The tragedy occurred when Yang Qiong finished her hair styling and waited for the rinse. She went to the toilet separated from the barbershop shop to go to the toilet, and about half an hour later, she was found fainting in the toilet... Afterwards, Yang Qiong was diagnosed with carbon monoxide poisoning by the hospital. Although she saved her life with all her might, her intelligence and even her life have changed since then.
On April 7, 2022, Mr. Chen, Yang Qiong's husband, told Red Star News that after the forensic identification agency identified his wife as having intellectual disability (moderate) caused by carbon monoxide toxic encephalopathy, her current intelligence is like that of a child of several years old.
Afterwards, Mr. Chen, as his wife's agent, sued the barbershop to the court. After a two-year lawsuit, the court finally ruled that Yang Qiong was injured by carbon monoxide poisoning during the barbershop's haircut, and the barbershop, as the operator, failed to fulfill its safety and security obligations, and should bear the tort compensation liability, and ordered the hairdresser to compensate for medical expenses, disability compensation, etc. of 454,000 yuan. Although they won the case, they have not yet received a penny in compensation from the barbershop.
At present, Mr. Chen has to face more realistic problems: while working, taking care of his wife and daughters, and supporting the whole family, he must teach his wife, who is intellectually like a child, to return to normal life...
Incident --
The woman's barber shop does the hair gap to go to the toilet
He was found fainting in the toilet and was diagnosed with carbon monoxide poisoning
The day of the accident was January 27, 2019, the twenty-second day of the lunar month. When The factory where Yang Qiong usually works is on holiday, she decides to go to a barber shop in the Economic Development District of Guang'an City, Sichuan Province, to do her hair. Her parents, who have been working outside for many years, are coming back, and she wants to take her two children back to her mother's house before the Spring Festival to visit her parents who have not been seen for a long time.
His husband, Mr. Chen, told Red Star News that the barber shop his wife went to that day was called "Shangyi Beauty Barber Shop", and it took two or three minutes to ride from the residential area. That afternoon, Mr. Chen's second sister, Ms. Chen, was also at the barber shop at the beginning to accompany Yang Qiong to do her hair.
On April 7, 2022, Ms. Chen recalled to the Red Star News reporter that the barbershop business was particularly good because it was close to the Spring Festival. At about 6 p.m., the younger sister Yang Qiong's hair had been set, and when it was finally rinsed again, it was almost over. Ms. Chen said that she greeted her younger sister and said that she would go home to cook first, and asked her younger sister to wash her hair and come directly to the house for dinner before returning home.
At about 6:40 p.m., Ms. Chen, who was cooking, received a call from a friend passing by the barbershop saying that Yang Qiong had fainted in the barbershop...
When Ms. Chen rushed to the barbershop, Yang Qiong had been helped to the door by the barbershop owner and was unconscious. Seeing this situation, Ms. Chen was so anxious that she forgot to call 120, but ran to a nearby clinic to find a doctor for help. At about the same time, Mr. Chen, who was at home, also received a call from his wife that something was wrong. He rushed to the barbershop to see his wife and immediately dialed 120.
After the clinic doctor came to see it, he guessed that Yang Qiong might have been poisoned.
Ms. Chen asked the barbershop owner Zhang Mou when her younger sister fainted, but Zhang Mou could not say clearly. Ms. Chen recalled that when she left the barber shop that afternoon, Yang Qiong had told her to go to the toilet. From the phone call he received from his younger sister who fainted, it was inferred that his younger sister should have been found fainting in the toilet about half an hour later.
According to Zhang's recollection when he reported to the court afterwards, at about 4 p.m. that day, Yang Qiong came to the store to do hair. When the cooling was fixed, Yang Qiong went out and did not know when to go to the toilet. Later, the clerk found him fainting in the toilet. Guests did not smell coal on that day.
After arriving at 120 on the same day, Yang Qiong was immediately sent to Guang'an People's Hospital for rescue, and the next day she was transferred to Chongqing Southwest Hospital for hospitalization, and was diagnosed with acute carbon monoxide poisoning, ischemic hypoxic encephalopathy, and aspiration pneumonia.
Harm --
He traveled to Sichuan and Chongqing to seek medical treatment to save his life
Forensic evaluation: has caused moderate intellectual disability, grade 8 disability
On April 7, 2022, Mr. Chen told Red Star News that on February 3, 2019, his wife was transferred from Chongqing Southwest Hospital to Guang'an People's Hospital for hospitalization. In order to save medical expenses, the wife was hospitalized for only 51 days before and after, and the discharge doctor's order was "continue hyperbaric oxygen therapy outside the hospital". After his wife was discharged from the hospital, Mr. Chen continued to send his wife to the hospital for treatment every day.
Although she tried her best to save her life, Yang Qiong retrieved a life, but left a permanent injury. On July 29, 2019, Mr. Chen commissioned the Guang'an Century Forensic Appraisal Center to evaluate whether his wife had intellectual disabilities after carbon monoxide poisoning. As a result, Yang Qiong was identified as intellectual disability (moderate) due to carbon monoxide toxic encephalopathy. On September 18 of the same year, Yang Qiong was identified as a Grade 8 disability by the Southwest Sichuan Judicial Appraisal Center.
Screenshot of the forensic certificate.
Mr. Chen told the Red Star News reporter that after his wife's accident, the barber shop involved has not made any compensation and has closed its doors.
On April 7, 2022, a Red Star News reporter visited the location of the barbershop involved and found that it has now become a noodle restaurant. Mr. Chen said that shortly after the poisoning of his wife, the barber shop closed, and the shop was transferred to the noodle shop owner.
The Red Star News reporter noticed that the noodle shop has changed the original layout of the barber shop. However, the original layout of the barbershop provided by Mr. Chen shows that there is a partition between the front part of the barbershop store and the toilet, and a water heater is installed on the wall outside the toilet. The water heater is not fitted with a smoke extraction pipe and has small holes in the wall.
A gas water heater installed outside the toilet wall of the barbershop where the incident occurred. Respondent graph
The personnel of the relevant department went to the barbershop involved afterwards to check. Respondent graph
In May 2020, Mr. Chen, as the agent of the plaintiff (wife Yang Qiong), sued the barbershop involved in the case to the Qianfeng District People's Court of Guang'an City.
During the first-instance trial, Zhang Mou, the owner of the barber shop, applied for a re-appraisal of whether Yang Qiong was carbon monoxide poisoning. After being re-identified by the Sichuan Kebo Judicial Laboratory, the appraisal opinion issued by yang qiong shows that Yang Qiong had a consciousness disorder in the bathroom of the Shangyi Beauty Barber Shop in Guang'an Economic Development Zone on January 27, 2019, and was rescued and treated by Guang'an People's Hospital and Chongqing Southwest Hospital, according to the provisions of the "Clinical Treatment Guidelines for Carbon Monoxide Poisoning" formulated by the Department of Hyperbaric Oxygen Of Chaoyang Hospital Affiliated to Capital Medical University, and with reference to the "Diagnostic Standards for Occupational Acute Carbon Monoxide Poisoning" of the Ministry of Health, the appraisee Yang Qiong met the characteristics of carbon monoxide poisoning.
Forensic certificate.
Lawsuit -
The court found that the water heater of the store caused carbon monoxide poisoning
The barber shop failed to fulfill its safety and security obligations and was sentenced to more than 450,000 yuan in damages
The Qianfeng District People's Court of Guang'an City held that Yang Qiong, as a consumer, went to the defendant's barber shop for a haircut, and the defendant had the obligation to ensure her safety. Yang Qiong suffered personal injury due to the leakage of the defendant's tank gas in the defendant's business premises, and the defendant should bear the tort compensation liability in accordance with law. The court sentenced the barber shop involved to a total of 454,000 yuan in compensation for medical expenses, disability compensation, and lost work expenses.
After the first-instance judgment, Zhang appealed to the Guang'an Intermediate People's Court.
Mr. Chen told the Red Star News reporter that at the beginning of the second trial of this case, Zhang had provided a recording evidence to the court to prove that his wife Yang Qiong had suffered from fainting for more than 10 years, and that she had fainted in the barbershop and had a recurrence of the old disease, denying the fact that his wife was carbon monoxide poisoned.
The court did not accept this audio recording evidence. The Guang'an Intermediate People's Court held that the interlocutor in the audio recording materials submitted by the barbershop was unidentified and did not appear in court for questioning.
In addition, Zhang Mou had asked Yang Qiong to appear in court in the second instance. The court held that there was no circumstance in this case that required Yang Qiong's own appearance in court to ascertain the basic facts of the case, and did not support this claim put forward by him.
So, did Yang Qiong suffer from fainting before carbon monoxide poisoning? On April 7, 2022, a villager in Yuechi County, Guang'an City, where Yang Qiong's mother's family is located, told Red Star News that Yang Qiong had two sisters and brothers, Yang Qiong was an older sister, and there was a younger brother, and he had not heard that Yang Qiong had suffered from fainting when he was in the village before. According to his understanding, the Yang Qiong family also has no history of mental illness, and his brother is currently working outside.
The Red Star News reporter noted that the village committee where Yang Qiong's current household registration is located has provided a certificate to the forensic appraisal agency, saying that Yang Qiong was mentally normal and intellectually normal before she was poisoned, and that there was no history of mental illness or intellectual disability in the family.
The second review of the Guang'an Intermediate People's Court showed that the barber shop used gas water heaters to wash hair, and the toilet where Yang Qiong fainted was only separated from the water heater by a wall. There are small vents at the top of the toilet to connect to the room where the water heater is installed. The gas water heater is not installed with exhaust pipes, the water heater installation position is relatively closed, and there are no ventilation and exhaust facilities around. According to the "Analysis and Explanation" section of the judicial appraisal opinion of Sichuan Kebo Judicial Laboratory, the place where Yang Qiong, a barber shop, passed out met the environmental conditions for carbon monoxide poisoning. According to Yang Qiong's medical records and imaging data, combined with the comprehensive analysis of the scene plan, photos and poisoning site, the barbershop involved uses gas water heater hot water to wash hair and the gas stove to cook rice is relatively closed, there is no window, and there is no external exhaust pipe, such environmental conditions are an important factor leading to carbon monoxide poisoning. Yang Qiong's condition is consistent with the clinical characteristics of carbon monoxide poisoning.
The Guang'an Intermediate People's Court held that the available evidence showed that Yang Qiong was damaged by carbon monoxide poisoning. The court of first instance held that the fact that Yang Qiong was injured due to the leak of tank gas was wrong, and the court of second instance corrected it. Yang Qiong was injured by carbon monoxide poisoning during the barbershop's haircut, and the barbershop, as the operator, failed to fulfill its safety and security obligations, and should bear the liability for compensation for various losses caused by Yang Qiong.
In the end, the Guang'an Intermediate People's Court rejected the barbershop's appeal and upheld the original judgment.
The Red Star News reporter learned from the interview that after the Guang'an Intermediate People's Court made a second-instance judgment, Zhang Mou, the owner of the barber shop, filed a retrial application with the Sichuan Provincial High People's Court, which was rejected.
Change --
The wife's intelligence returned to the state of childhood
Did not receive a penny of compensation Husband taught her to return to life while working
After the final trial of the court, the barbershop failed to fulfill its safety and security obligations and should bear the responsibility and compensate Yang Qiong for 454,000 yuan. However, Mr. Chen told Red Star News that the barbershop owner was a guy born in 1997. Although they have won the case, they have not yet received any compensation from the other side.
Previously, Mr. Chen had applied to the court for compulsory enforcement. However, the court found that the barber shop owner Zhang mou had no enforceable property under his name.
On April 7, 2022, a Red Star News reporter called the Executive Bureau of the Qianfeng District People's Court of Guang'an City, and the relevant staff confirmed that Zhang Mou's name really had no property available for enforcement, and there was no relevant clue in the court at present. The court has included Zhang in the list of judgment defaulters and issued a consumption restriction order against him.
Because his wife was poisoned by carbon monoxide in the barbershop, the life of Mr. Chen's family fell into a quagmire.
Mr. Chen and his wife have two daughters, the eldest is 10 years old and the youngest is 7 years old. Before the tragedy, Yang Qiong worked in a garment factory near her home, and Mr. Chen worked at the construction site, and the two had a combined monthly income of about 10,000 yuan. Mr. Chen said that now the life trajectory of the whole family has been completely disrupted, in addition to the economic pressure, what is more difficult for the family to accept is that Yang Qiong's intellectual disability due to carbon monoxide poisoning is like a child of several years old.
After his wife woke up, Mr. Chen found that something was wrong with his wife and did not remember the incident. Later, he found that his wife had also lost her most basic life skills.
He told Red Star News that during his wife's discharge home recuperation, he continued to do hyperbaric oxygen and acupuncture treatment in the hospital. But he found that his wife's physical condition was much worse than before, her intelligence deteriorated, her memory was reduced, her response was not as good as that of a child, her clothes could not be washed, she could not bathe, she could not do housework, and she could not sweep the floor, just like a child playing with a broomstick. Moreover, when asking her to do these things, she can't say too much, and if she says too much, she will always stare at you, dazed. You ask her to do anything, but you just won't do it...
Mr. Chen said that now, after sending his two daughters to school every day, he has to go to the construction site to work, so he can only lock his wife at home alone and rush back at noon to cook for his wife. Sometimes, he would also let his parents come over to help take care of his wife and take her out for a walk.
He said he had another important task, which was to teach his wife to return to a normal life. Most of the time, though, his efforts were in vain. To his slightest relief, "She (the wife) can wash the dishes now, but it just can't be cleaned." ”
On April 7, 2022, Red Star News reporters tried to communicate with Yang Qiong. She could answer some questions, such as what she used to do in the factory, but she was not impressed by the situation on the day of the incident.
Yang Qiong.
There was a TV in the living room, but Yang Qiong didn't know how to turn it on. When she was alone at home, she just sat on the couch and stared at the TV screen in the black hole hole in a daze. After sitting for a long time, she would move her inflexible feet, walk to the living room balcony, lean against the protective fence, and look downstairs from the 25th floor, where there was a scene of life that she was once familiar with...
Red Star News reporter Wang Chao photo report
Edited by Peng Jiang
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