The Organization for Scientific and Academic Integrity in China (OSAIC) recently received an application for funding from Peng Jian, a lawyer who represents the victims of the “Xiao’s Reflex Arc Procedure”, to help a joint litigation against Shenyuan Urology Hospital for false advertising. The details of this case can be found in the Xiao Chuanguo Incident page (mirror) at the New Threads website, under the column of “On the Record”.
Peng Jian Law Firm collected information concerning patients who underwent the “Xiao’s Procedure” at Shenyuan Urology Hospital in Zhengzhou. Among 110 patients who had operations from the end of August 2006 to late March 2007, 74 patients or their parents successfully took part in the telephone interviews. According to telephone survey results, up to 73% of patients considered the treatment ineffective, 39% of patients ended in (walking) disability. If a successful operation was defined as “complete cured, fully restored to normal function with no disability or adverse effects”, then none of such case would exist in the survey results - in other words, the success rate would be zero. This stood in stark contrast to the 85% success rate claimed by Shenyuan Urology Hospital and Urology Research Center of Zhengzhou University.
Peng Jian Law Firm alleges the false cure-rate ads by Zhengzhou Shenyuan Urological Hospital in violation of the “Advertising Law of The People’s Republic of China” and the relevant provisions of administrative regulations, and its concealment of surgical risks in violation of the “General Principles of the Civil Law of The People’s Republic of China” and other relevant provisions of laws and regulations. Peng believes that Shenyuan Hospital violated their patients personal right and deprived them of the right to know. The law firm plans to represent the victims of the Xiao’s procedure in a large-scale joint action against Zhengzhou Shenyuan Urology Hospital. The first phase of lawsuit involves 40 victims. The cost of conducting legal proceedings, investigation and evidence collection and other expenses estimate at 120,000 yuan ($17,650).
Because most of the victims of the Xiao’s Procedure are from low-income families who can not afford expensive legal fees, OSAIC has decided to establish a “Special Fund for the Victims of Academic Misconduct” and called upon our supporters to actively contribute to help the victims seek justice. As part of our continuing effort to combat misconduct and corruption in the field of academic research, hopefully the new fund can contribute to the establishment of guidelines that regulate unproven treatment practices in the Chinese medical system.
Information on how to make contribution can be found here at OSAIC website. Please specify that your donation is for the “Special Help Fund”. The Foundation has set up a separate account solely for this purpose. Any remaining balance will be retained for similar causes in the future.
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