Being Sentenced to Compensate for a Pregnant Woman with Rare Disease who Died Suddenly Due to Side-Effects of Taking Medicine
The plaintiff A suffered from a rare disease and needed to take Soliris as the medical treatment. As a side effect, it caused meningitis easily. With suspicion of infecting, it should be diagnosed and give antibiotics. During the pregnancy, A took Soliris without side effect. But she got it after giving birth. After contacting with a maternity assistant and the physician X per phone, she was diagnosed with acute mastitis. Then A was sent to emergency because the side effect had gotten worse. After the diagnosis of the physician Y, meningitis was suspected, but the white blood cell rate (WBC rate) and the blood platelet rate (PLT rate) were still so normal that the antibiotics wasn’t be given. Eventually died A because of the infection and complications. According to the instruction of Solirs, antibiotics should be given under the situation of a suspected infection. Even the physician Y as the accused claimed that the situation of a suspected infection should be an active or strong suspicion. But the court found it might be more reasonable, that it, according to the textual realization of common people, should be that a possible situation of infection couldn’t be excluded. Therefore, if Y gave antibiotics immediately, the meningitis could be avoided and the Accused lost the litigation consequently.