Dialysis Case: Families of 8 Victims Request Court to Declare Doctor Luong Innocent

This morning (May 21), the People's Court of Hoa Binh City continued to open the first instance trial of 3 defendants in the dialysis case that occurred at Hoa Binh General Hospital, causing 9 deaths. This morning's trial continued with the questioning, clarifying civil liability and compensation for the victims.

Responding before the court, bBui Thi Cam, wife of victim Bui Van Poi (residing in Dich Giao commune, Tan Lac district, Hoa Binh province) declared the funeral expenses of 120 million VND. This included the money given to the in-laws, which she explained was "according to local customs".

Accordingly, her family had to give the in-laws a sum of money, called "di via", to repay the in-laws.

At the trial this morning, lawyer Nguyen Ngoc Trung (the lawyer representing the victims' families) said that the funeral expenses that Ms. Bui Thi Cam's family requested were 120 million VND, which were "actual expenses but without invoices or documents".

Next toFuneral expenses, each victim's family requested compensation of 100 months of basic salary according to regulations in Clause 2, Article 191 of the Civil Code, equivalent to 130 million VND/1 victim.

According to Lawyer Trung, the families of the 8 victims also authorized a representative to build a mass grave for all 8 victims in the dialysis incident. According to the initial quote, the cost for each grave is about 148 million VND/person. However, this is only the initial "quote" and is an idea after 3 years of reburial for the victims.

At the trial, the panel of judges said that if the families declare reasonable expenses, even without invoices or documents, the court will still consider it.

In addition to funeral expenses, tomb construction expenses, and compensation for mental damage, the families also requested to receive money for the cost of preparing food for the 3 days of the funeral, and the cost of preparing food for the 10th, 49th, and 100th days.

The victims’ families also asked the jury to declare Dr. Luong innocent on the grounds that Dr. Luong had wholeheartedly cared for the patients during the dialysis process, as well as wholeheartedly treated them during the medical incident. Dr. Luong is a professional and has nothing to do with supplies.

Representatives of the victims' families also hope that the Court will consider reducing the sentences of the two defendants, Tran Van Son (28 years old, an officer of the supplies department), accused of the crime of Lack of responsibility causing serious consequences, and Bui Manh Quoc (32 years old, former director of Tram Anh Water Treatment Company Limited), accused of the crime of Involuntary manslaughter.

According to Accusation No. 05/CT-VKS-P2 of the People's Procuracy of Hoa Binh province, representatives of 8 families with deceased patients declared funeral expenses with a total amount of 1,029,100,000 VND, in addition to requesting civil compensation according to the provisions of law.

In addition to compensation for the 8 families of the above victims, the victims who received emergency treatment and recovered also requested compensation.

Specifically, the three victims Bui Thi Van, Bui Thi Ram, and Pham Ngoc Chung all submitted a request for compensation for health and mental damage with a total amount of 70 million VND. The remaining 7 victims who were given emergency treatment and have recovered also submitted a request for compensation for health damage after the medical incident on May 29, 2017 according to the law.

The families of the two defendants, Tran Van Son and Bui Manh Quoc, voluntarily paid 50 and 30 million VND, respectively, to remedy the consequences. Hoa Binh Provincial General Hospital and Thien Son Company (the unit providing materials to repair the RO water filtration system No. 2 at the hospital) paid 740 million VND to the enforcement agency to support the victims' families in remedying the consequences./.

Previously, on the morning of May 15, the People's Court of Hoa Binh City opened the first instance trial of 3 defendants in the case of dialysis that caused 9 deaths at Hoa Binh General Hospital. The case occurred on May 29, 2017, including 3 defendants: Hoang Cong Luong (32 years old, doctor of the Intensive Care Department of Hoa Binh General Hospital), Tran Van Son (28 years old, staff of the supplies department) was accused of the crime of Lack of responsibility causing serious consequences, Bui Manh Quoc (32 years old, former director of Tram Anh Water Treatment Company Limited) was accused of the crime of Involuntary manslaughter.

After the prosecutor read the indictment, doctor Hoang Cong Luong expressed his disagreement with the accusation.

In the past 4 days, the trial has had remarkable developments, the public is particularly interested in the absence of the hospital leader at that time, Mr. Truong Quy Duong (former Director of Hoa Binh General Hospital). Although the representative authorized by Mr. Duong appeared in court one day after the trial opened, this person only appeared in court on May 16 and was absent for the next 2 consecutive days.

In the morning trial of May 18, the absence of important witnesses in the case also made the court attendees unhappy, and the lawyers could not ask these people to clarify details related to the case.

Also in the morning session of May 18, lawyer Nguyen Hoang Trung (protecting the rights of the deceased victims) requested a correction and announced the 9th death in the dialysis case in Hoa Binh, which was accepted by the panel of judges.