Advanced liver cancer patient Yao Ce from East China’s Jiangxi Province won an appeal on Monday against the ruling made by a court in Central China’s Henan Province, meaning that that Yao and his biological parents will receive compensation worth 1 million yuan ($154,799) in total after Yao was switched by mistake with another child at birth 28 years ago.
The Kaifeng Intermediate People’s Court in Central China’s Henan Province announced the second trial’s judgment on Monday afternoon, revoking the first judgment made by the Kaifeng Gulou People’s Court last December, and ordering the full amount of Yao’s medical expenses and other fees to be paid by the Huaihe Hospital of Henan University.
The hospital was ordered to compensate Yao with 200,000 yuan for mental injuries and over 600,000 yuan in medical expenses, lost wages, transportation fees and other fees. His biological parents were compensated 200,000 yuan for mental injuries.
Yao’s attorney, Zhou Zhaocheng, told the Global Times on Monday that the positive second judgment was confirmation that their argument in the first trial was fair. It meant the request for appeal made by Yao and his family members was the correct decision.
Before the judgment was announced, Yao said that he would not apply for a review of the second trial no matter the final judgment, since the compensation meant nothing to him while he was dying.
However, the trial overall meant a lot to Yao, who is approaching the end of his 28 years of life. Yao hoped to promote China’s legislation on compensation for mental injuries through his case, and believed it could help others who face similar situations in the future.
Before the judgment was announced, Yao’s physical condition had deteriorated, and he is now in a critical condition. The cancer cells have spread to his bones, lungs, and lymph nodes.
The doctor looking after Yao suggested that no more medical treatment should be given since any further treatment would risk taking him from the world right away, according to Yao’s biological mother Du Xinzhi.
Yao Ce (left), an advanced liver cancer patient from East China’s Jiangxi Province, and Guo Wei, from Central China’s Henan Province, celebrated their birthdays for the first time with their respective biological parents in Shanghai on June 15, 2020. Photo: Du Qiongfang/GT
