The Shanghai First Intermediate People's Court has refused to hear a lawsuit filed by the families of ten victims who were injected with Xinfu, or clidamycin phosphate glucose injection.

China Business News reports the decision was made after the court ruled the producer of Xinfu injections, Anhui Worldbest Bio-Pharmaceutical Co., Ltd, was out of their jurisdiction.

Earlier authentication issued by the State Food and Drug Administration confirmed the Anhui Worldbest company was responsible for producing the toxic Xinfu antibiotic that has killed eleven in China while causing side effects in tens of others.

However, the plaintiff's lawyer, Chen Yongfei, from Beijing-based Li Wen Law Office, disagreed with the court's explanation. He said there are three defendants in the case. Besides the Anhui pharmacy, Shanghai Worldbest Co., Ltd and China Worldbest Co., Ltd, both located in Shanghai, are also involved and fall under the court's jurisdiction.

Families of the ten patients from northeast China who received treatment with the toxic Xinfu injection first delivered their lawsuit to the Shanghai Pudong District People's Court on December 4, 2006, demanding a compensation of more than 1.28 million yuan (US$160,000) from Anhui Worldbest Bio-Pharmaceutical Co.,Ltd, along with the Shanghai Worldbest Co., Ltd and China Worldbest Co., Ltd, the main shareholders of the Anhui company.

The Pudong court rejected the accusation on December 11, citing it was out of its jurisdiction. In addition, the court found no evidence to prove Shanghai Worldbet Co., Ltd. and China Worldbest Co., Ltd. had taken part in the drug's formation, making the two companies innocent.

But Chen argued the two Shanghai-based companies should be responsible, too, as both of them had printed their names on the wrapping of the injection.

Chen explained national laws regulate companies labeling their names on a product's wrapping should be identified as producers and should take responsibility for the product's quality.

Chen confirmed his party would appeal to the procuratorate department for a retrial and lodge an appeal to the higher court soon.

In a related case, the Nanpi County People's Court in Hebei Province ruled on Dec 23, 2006, the Anhui Worldbest Bio-Pharmaceutical Co., Ltd compensate the family of a local resident Wei Shugui, who was injected with Xinfu and later died, with 48,000 yuan (US$6,000).

That was the first case solved relating to the Xinfu incident.

(CRI January 29, 2007)