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疫苗版藥神郭橋獲釋嬰幼兒幸免值得我坐牢藥神
2020-01-11 18:15   来源:  www.deepdivescuba.com   评论:0 点击:

疫苗版藥神郭橋獲釋嬰幼兒幸免值得我坐牢藥神2019年12月28日,“”案重审宣判,郭桥和其余三名被告人的罪名

  2019年12月28日,“”案重审宣判,郭桥和其余三名被告人的罪名改判为“走私罪”,刑期大幅缩短,郭桥以走私国家禁止进出口的货物罪,被判处有期徒刑2年,于2020年1月4日出狱。

On December 28,2019, the case was retried, with Guoqiao and the remaining three defendants commuted to \"smuggling,\" with a significantly reduced sentence and Guoqiao sentenced to two years in prison for smuggling goods banned by the state from import and export and released on January 4,2020.

  2019年12月1日,新修订的药品管理法正式生效,其中规定未经批准进口的药品不再按假药论处,“销售假药”的罪名将不再适用于郭桥案。

On December 1,2019, the newly revised Drug Administration Act came into force, which stipulated that unauthorized imports of drugs were no longer punishable as counterfeit drugs, and that the offence of \"selling fake drugs\" would no longer apply to the Guoqiao case.

  2018年1月5日,美华丁香妇儿门诊部有限公司法定代表人——美籍华人医生郭桥,因决定采购、销售和接种未经国家药监等部门批准进口的万支疫苗,被以“销售假药罪”,一审判处有期徒刑7年,其他三名涉案人员也因相同罪名被判处有期徒刑4到6年不等。

On January 5,2018, the Chinese-American doctor Guo Qiao, the legal representative of the American Women's and Children's Outpatient Department Co., was sentenced to seven years in prison on first instance for deciding to purchase, sell and vaccinate against 10,000 vaccines imported without the approval of the state drug control department, and three other people involved were sentenced to between four and six years in prison on the same charges.

  据媒体报道,我国在2014年2月至2017年3月期间,因药品审批原因中断了针对两岁以下婴幼儿的7价肺炎疫苗的进口,断供长达3年之久。郭桥等人找到一条来自新加坡的疫苗走私供应渠道,指使他人携带、运输疫苗入境,然后在美华门诊部加价为有需求的儿童注射。

According to media reports, between February 2014 and March 2017, China interrupted the import of 7-valent pneumonia vaccine for infants under two years of age for drug approval for up to three years. Mr guo and others have found a singapore-based supply channel for vaccine smuggling, instructing others to bring and transport vaccines into the country, and then injecting children in demand at the american clinic.

  在接受深一度采访时,郭桥表示,对于进口疫苗一事从没有半点后悔,“那些通过接种疫苗、幸免于疾病的婴幼儿值得我坐牢,医疗行业的本质就是要将别人的生命置于自己的生命之上”。

In a deep interview, mr. guo said there had been no regrets about importing vaccines.\" The essence of the health industry is to put the lives of others above their own,\" he said.

  郭桥:2014年下半年,疾控中心把他们所有的进口疫苗制剂供应给我们机构,之后就断供了。这些制剂仅半年就被用完,但是客户又有很大需求。我们当时不知道是全国性断供,医生让药房主任向市场找药,然后供货方发现了我们的需求,主动对接过来。

Guoqiao: in the second half of 2014, the cdc supplied all their imported vaccine preparations to our agency, and then it was cut off. These preparations have been used up in only half a year, but clients are in great demand. We didn't know it was a national cut, the doctor asked the pharmacy director to look for medicine from the market, and then the supplier found our demand and took the initiative to docking over.

  郭桥:婴幼儿的肺炎球菌感染是一种高死亡率的疾病,需要阶段性多次接种才能起到疾病预防作用,接种不能中断。我刚当医生时,碰到的第一例死亡的病人,就是一个2岁的孩子感染了肺炎球菌。有统计数据,中国大陆每年约有万婴幼儿死于该疾病。基于以上认知我无法拒绝这个决定。

Guoqiao: Pneumococcal infection in infants and young children is a high death rate of disease, need stage of multiple vaccination to play a disease prevention role, vaccination cannot be interrupted. The first patient I met when I was a doctor was a 2-year-old with pneumococcal infection. Statistics show that about ten thousand babies die from the disease every year in mainland China. Based on the above, I can't refuse this decision.

  郭桥:只是粗略知道违反国内的药品管理法。2011年,我们机构被上海药监行政处罚过,以为这次也顶多是行政处罚,没想到会触犯了刑法。

Guoqiao: just a cursory knowledge of the violation of domestic drug administration laws. In 2011, our agency was punished by the shanghai drug administration, thinking that this time is at most administrative punishment, did not expect to break the criminal law.

  郭桥:公安和药监人员进驻我们机构,开始抓捕几位管理人员时我才知道此事。当时以为是被走私犯所拖累,加上我本人不了解其中的细节,只是在案发一周后,我作为法定代表人接受了公安和药监人员的询问。

Guoqiao: I didn't know about this until the police and drug police arrived at our agency and began arresting several managers. I thought it was a smuggler, and I didn't know the details, but a week after the crime, I was questioned by the police and drug police as my legal representative.

  我向公安表示,如果我们被抓的员工没有谋取个人私利,这件事应该由我们机构负责,我作为机构负责人要保护好自己的员工。基于这一信念,我向公安自首,并要求他们不再去追究我们机构的实际涉案行为人员,一切责任由我一人承担。

I said to the police that if our staff were not for personal gain, the matter should be our agency's responsibility, and I as the head of the agency to protect their own staff. Based on this belief, I turned myself in to the public security and asked them not to pursue the actual personnel involved in our organization, and all the responsibility was borne by me alone.

  郭桥:被一审判决有罪前我一直是在取保候审状态,从未被公安拘捕过。所以意识不到严重性。也难以接受被司法机关贴上“假药销售罪”的标签。判决结果公布后,也没有任何一位客户来找我们麻烦。相反还有一百多位客户联名向高院陈情为我辩护。

Guoqiao: I was on bail until I was convicted in the first instance, and I was never arrested by the public. So I'm not aware of the severity. It is also difficult to accept the labeling of \"counterfeit drug sales\" by the judiciary. After the verdict was announced, none of the clients came to trouble us. Instead, more than a hundred clients joined the court to defend me.

  郭桥:除了批准购买用款申请和要求疫苗来源可靠、冷链完整之外,其他一概不知,案发前我都不知道同案犯胡盼盼(美华丁香妇儿门诊部保险科原组长)是我们的员工。疫苗价格是儿科医护人员根据客户的实际需求自行决定,我不参与。

Guoqiao: in addition to approving the application for the purchase of funds and requiring reliable source of vaccine, cold chain integrity, other unknown, I did not know that the case before the crime of accomplice hu pan (meihua lilac outpatient department of insurance former head) is our staff. The price of the vaccine is determined by the pediatric health care staff according to the actual needs of the customer, I do not participate.

  郭桥:比进价高出数倍的是医疗服务费,是我们私人医生24小时全天候不间断的医疗服务,而非药品销售费用,药品收入只占我们总收入的5%左右。

Guoqiao: It's a medical service charge that's several times higher than the price. It's a 24-hour non-stop medical service for our private doctors, not a drug sales charge.

  美华购买的疫苗都是由客户预付全额医疗服务费用后,我们才去向供货方订购,从不做单独疫苗加价转售服务。而且这些疫苗都被标识为客户所有,单独保管存放,不进入机构的药房库存单。

We didn't go to order from the supplier until the full cost of medical service was paid in advance by our customers, and we didn't do the separate vaccine premium resale service. And the vaccines are identified as customer-owned, kept in separate storage, and are not entered into the institution's pharmacy library certificates.

  郭桥:由于该项服务都是家长提出需求并预付全额后我们才去订货,主动权掌握在家长手里。并且由于供应量太少,无法满足所有人需求,所以不存在客户嫌价高的问题。

Guoqiao: since the service is demanded by parents and prepaid in full before we go to order, the initiative is in the hands of parents. And because the supply is too small to meet the needs of everyone, there is no problem of high customer price.

  郭桥:我一直想导入一种新的医疗文化标准和价值观,所以没有半点后悔。同时在二审过程中,我又获悉该疫苗在案发期间有3年半的全国性断供,那些在通过接种疫苗、幸免于疾病的婴幼也值得我坐牢。医疗行业的本质就是要将别人的生命置于自己的生命之上,所以才能被社会称之为“白衣天使”。

Guo Qiao: I have always wanted to introduce a new medical culture standard and values, so there is no regret. At the same time, during the second trial, I learned that the vaccine had been broken for three-and-a-half years during the crime, and that the babies who had been immunized against the disease were worth jail time. The essence of the medical industry is to put the life of others above their own life, so it can be called \"angel in white\" by the society.

  郭桥:这部电影热映时我在看守所内看不到,但其故事原型陆勇的法律案情与我的情况不大吻合。他是在便宜和贵的药品之中做选择延续生命,而我们则是在全国性断供的背景下,使用非官方渠道供应的疫苗来保护生命。

Guoqiao: I couldn't see it in the detention center when the movie hit, but the legal case of its story prototype, lu yong, didn't match my case. He's choosing between cheap and expensive drugs to survive, and we're using unofficially supplied vaccines to protect life in a national context.

  郭桥:美华门诊部的疫苗接种资质目前仍未恢复。当初我放弃在美国打拼20年积累的一切回国创业,是因为我热爱这个国家,过去十几年我回国后的行为也能证明这一点。因此无论遇到什么样的挫折和磨难,我都会将自己剩余的生命全部奉献给这个国家的医疗卫生事业。

Guoqiao: the vaccination qualification of the American outpatient department has not been restored. I gave up everything I'd fought for 20 years in the U.S. to start a business because I loved the country, and my behavior over the past decade or so has proven that. So no matter what kind of setbacks and tribulations, I will devote the rest of my life to the country's health care.


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