Yunnan Baiyao's ingredients contain poison and then fall into litigation formula is a shield

Business news on January 29 On January 17, 2013, Luo Qiulin, a full-time lawyer of Hunan Tiange law firm, presented a petition to the people's Court of Zhengxiang District, Hengyang City The defendant was Yunnan Baiyao Group Co., Ltd (000538) and its local sales businesses The reason for the lawsuit was that Yunnan Baiyao violated the right to know and the right to respect the personality of consumers Yunnan Baiyao was created by Qu Huanzhang, a famous doctor in Yunnan Province in 1902 Qu has exclusive knowledge of its formula and secret preparation In 1955, Qu's family dedicated the secret recipe of "Yunnan Baiyao" to the Yunnan provincial government The following year, the confidentiality Committee of the State Council listed the prescription and technology as the national confidential scope In August 1984, the State Administration of Medicine Listed Yunnan Baiyao formula and technology as the top secret of the state Yunnan Baiyao company announced that it has been strictly abiding by the confidentiality regulations of Yunnan Baiyao, and has never provided the prescription and process quality standards of Yunnan Baiyao Therefore, in the instructions of Yunnan Baiyao purchased by domestic consumers, the ingredients and their contents are not indicated Lawyer Luo Qiulin said, "this will cause doctors to have no way to know exactly the ingredients of the drug and the possible rejection." In addition, Luo Qiulin told our reporter that in May 2012, he was entrusted to the prince of peace enterprises, Inc., No 3536, Arden Road, Haiwo, California ）It was found that the ingredients and contents of Yunnan Baiyao Powder were clearly indicated in the instructions This is the second reason for Luo Qiulin to file a lawsuit, which infringes on the right of dignity of domestic consumers At noon on January 18, Yunnan Baiyao replied to our reporter that in response to the question of the ingredients of Yunnan Baiyao when it was sold in the United States, the company had made relevant instructions in 2010, and the company was not ready to answer the same question again It is understood that at that time, an executive of Baiyao overseas company said, "this is to choose to respect local laws and consumer habits, and we have not violated the principle of confidentiality." Zhao Yin, a Chengdu lawyer who has also sued Yunnan Baiyao for violating the right to know about the poisoning, now works in Chengdu Branch of Beijing zhonglunwende law firm Zhao Yin told our reporter in Chengdu that on June 2, 2009, he bought Yunnan Baiyao to take because of his bleeding due to physical discomfort Zhao Yin described to our reporter that shortly after taking Yunnan Baiyao for the third time according to the dosage that night, he began to have the symptoms of abnormal fidgety and numbness in the mouth, and then suddenly his heart began to beat violently and he had difficulty breathing Zhao Yin, who had been a clinician for many years, adopted temporary treatment measures such as closing breath and pressing eyeballs, but it remained the same half an hour later After that, she was sent to the emergency room of West China Hospital by her family The emergency room immediately sent her to the first emergency room after checking her blood pressure and heart rate After more than two hours, Zhao's heart rate and breath returned to even Zhao Yin, who has been engaged in drug research for many years, wondered whether it was related to taking Yunnan Baiyao She took out the instructions of Yunnan Baiyao and did not find the ingredients of the prescription, but saw the adverse reactions and wrote: Panic, chest tightness Immediately realized that her illness may be related to Yunnan Baiyao Zhao Yin has the certificate of licensed doctor, licensed pharmacist and licensed lawyer, has been engaged in clinical work in the hospital for many years, studied in the United States and worked as a clinician After returning home, he served as the director of Chengdu Enwei Group Pharmaceutical Research Institute, deputy director of medical and Pharmaceutical Affairs Committee of Beijing Zhonglun Wende law firm, member of medical transportation professional committee of Chengdu Lawyers Association, etc Business After consulting the relevant literature, she first found that the prescription of Yunnan Baiyao actually contains the traditional Chinese medicine "Eighteen anti-19 fear" ingredients, namely, the toxic medicinal materials listed in the "measures for the administration of toxic drugs for medical use" issued by the State Council - Caowu Aconitine, aconitine and atexine are the toxic components of aconitine, which are easy to cause toxic reactions when used The light ones suffer from toxic shock and the heavy ones die The toxic dose of aconitine was 0.2mg and the lethal dose was only 0.4mg Aconitum drugs in the traditional Chinese medicine compatibility taboo "18 anti 19 fear" shows that Aconitum anti pinellia, Fritillaria, white convergence, Bletilla, at the same time fear rhinoceros horn Pinellia ternate and Fritillaria are commonly used cold and cough drugs, that is to say, if the patient does not know that Yunnan Baiyao contains Caowu, it may cause adverse reactions or dangerous occurrence due to taking these drugs at the same time But Yunnan Baiyao did not give warning in its instructions Our reporter noted that in the first issue of China Agricultural Technology Promotion in 2008, Shen Xianghong and other four people from Yuxi Agricultural Technology Promotion Station in Yunnan Province wrote that the wild Zicao black is one of the main raw materials of Yunnan Baiyao, Sanwu gum and other precious Chinese patent medicines At the same time, Zhao Yin also found a case of toxic shock caused by Yunnan Baiyao Zhao's literature was later used as evidence for litigation, including the "overview of modern medical application of Yunnan Baiyao" reported in the 612 issue of Shizhen Guoyi Guoyao in 2006, which specifically mentioned that Yunnan Baiyao was composed of herbs such as Radix Aconiti, etc.; the study on the toxic components and histopathological changes of plasma in rabbits with acute poisoning of Radix Aconiti, Vol 15, No 4, July 2008, in the Journal of Integrated Chinese and Western Medicine In April 2008, Volume 3, issue 2 of internal medicine, 108 cases of aconitine poisoning were reviewed and proved In addition, Wu Qinghe of Guangdong University of traditional Chinese medicine mentioned in the fourth chapter of toxicology of traditional Chinese medicine in pharmacology of traditional Chinese medicine (Higher Education Press), Yunnan Baiyao will cause palpitation, chest distress, cyanosis, arrhythmia block, abnormal blood pressure, circulatory failure and even death for cardiovascular system damage; uremia and acute kidney disease will occur for urinary system damage Functional failure, even death; damage to the reproductive system will occur menstrual disorders, abortion, stillbirth, male sexual dysfunction, etc.; at the same time, it can also cause bleeding tendency In July 2009, Zhao Yin filed an infringement lawsuit against Yunnan Baiyao Co., Ltd in the people's Court of Jinjiang District, Chengdu, believing that Yunnan Baiyao Co., Ltd violated the right to know of patients and medical personnel In the judgment (2009) jjmcz No 1988, our reporter saw that the defendant Yunnan Baiyao said that he did not approve the plaintiff Zhao Yin's lawsuit request of Yunnan Baiyao company The reason is that the prescription process of Yunnan Baiyao is a state secret It is illegal for Zhao Yin to require Yunnan Baiyao company to publish the complete prescription taste of Yunnan Baiyao in the manual Yunnan Baiyao company has been strictly abiding by the confidentiality regulations of Yunnan Baiyao, and has never provided Yunnan Baiyao prescription and process quality standards Zhao Yin's request to Yunnan Baiyao company to publish the taste of the complete prescription of Yunnan Baiyao in the instruction manual is illegal It is a kind of act of ingenious name, which wants to reveal and use the secret recipe and process method of "Yunnan Baiyao" in disguise It can be seen in the judgment that Yunnan Baiyao company also said that Yunnan Baiyao company has never received a "lawsuit against Yunnan Baiyao poisoning leading to death" According to the court's judgment, the evidence provided by Zhao Yin has only academic reference significance, so it can't be used to determine that Yunnan Baiyao prescription contains Radix Aconiti, nor can it be used to prove that taking Yunnan Baiyao will lead to poisoning Therefore, the plaintiff Zhao Yin's claim was rejected On January 24, Zhao Yin told our reporter that the ingredients and contents of Yunnan Baiyao mentioned by lawyer Luo Qiulin in the lawsuit are clearly marked in the United States, but this ingredient description is not consistent with "the research situation in the domestic traditional Chinese medicine academic circle all the time" In addition to Zhao's own poisoning experience, in 2003, the overseas Chinese Hospital of Jinan University in Guangzhou also had a case of invalid rescue death related to Yunnan Baiyao poisoning Afterwards, the court's judgment stated that Yunnan Baiyao contained Radix Aconiti, and the patient suffered from aconitine poisoning The court decision stated that in October 2003, Yang Jun, the son of Yang Guang and ye Meng, of Guangdong Province, went to the emergency department of the First Affiliated Hospital of Jinan University for "hematemesis and black stool for 4 hours" On October 15, the First Affiliated Hospital of Jinan University gave Yang Jun 1 bottle (4G) of Yunnan Baiyao + 2 bags of shukejie to be taken with water at 8:00 a.m., 12:00 p.m and 3:00 p.m respectively, three times a day, totaling Yunnan Baiyao 12g medicine (11g for Yang Jun) By the early morning of October 16, Yang Jun had a sudden convulsion and agitation In the afternoon, he had high fever (T39 ℃), and checked the level of hemoglobin 67 g / L On October 18, Yang Jun's temperature was as high as 39.5 ℃, and he was in a coma On the morning of November 12, Yang Jun died of ineffective rescue Our reporter saw in the civil judgment of Guangzhou intermediate people's Court (2005) szfmz No 4352 that Guangdong Medical Association replied in the reply to the court that according to the opinions and relevant materials put forward by the experts of traditional Chinese medicine, Yunnan Baiyao contains components such as kusnezoff, etc., and the poisoning symptoms caused by excessive use of Yunnan Baiyao are similar to those caused by aconitine drugs, with main manifestations For headache, dizziness, cold limbs, restlessness, confusion, convulsion, shock and other respiratory, circulatory, neuropsychological symptoms "And these symptoms are exactly what the patient Yang Jun had," the verdict said Although the cause of the incident was that the hospital overused Yunnan Baiyao to the patients, which caused the patients to be poisoned, the hospital was finally awarded compensation Zhao Yin thought that Yunnan Baiyao should indicate the content and harm of this highly toxic component in the drug manual "Because Aconitum drugs in the Chinese medicine compatibility taboo" 18 anti 19 fear "shows that Aconitum anti pinellia, Fritillaria, Baicheng, Bletilla, and rhinoceros horn, pinellia, Fritillaria are commonly used cold and cough drugs, that is, if the patient does not know that Yunnan Baiyao contains Aconitum kusnezoffii, then it may cause adverse reactions or dangerous occurrence due to taking these drugs at the same time At the same time, because there is no prescription, doctors can not determine which adverse reactions may be caused by the drug, and can not carry out targeted rescue when the drug is poisoned Zhao Yin also pointed out that, as a plant medicine, the intrinsic material content of caoku must be affected by the harvest time and place of origin For example, in the 72 pages of identification of traditional Chinese medicine about the place of origin of caoku, the content of alkaloids of caoku produced by Yunnan Guizhou is 0.43%, while the content of alkaloids of caoku produced by Xinjiang is as high as 1.5%, and the difference of toxic components is more than three times That is to say, aconitine, a toxic substance contained in each batch of medicinal materials, is different due to different places of origin or harvest seasons If the manufacturer does not control the content of aconitine in the drug product, there may be problems For example, if you take Yunnan Baiyao produced by Yunnan kusnezoff and Yunnan kusneff in a dose that is not toxic, but take Yunnan Baiyao produced by Xinjiang kusneff and Yunnan Baiyao in a dose of less than half, you may be poisoned On January 18, 2013, Zhao Yin told our reporter that Yunnan Baiyao still hasn't changed the manual for more than three years According to the data of listed companies, the main business of Yunnan Baiyao is composed of three parts: Baiyao series, general medicine, transdermal products and pharmaceutical cosmetics products The products of Baiyao series and general medicine involved in the "instructions" mainly include Yunnan Baiyao capsule, powder, aerosol, tincture, Gongxuening Capsule, etc