Wang Baosheng was a senior executive of an insurance company in Guangzhou, but he never thought he would be convicted for introducing anti-cancer drugs to treat people’s illnesses.
His encounter was the Guangzhou version of “I am not the God of Medicine”. “case, but he felt he was more than the film’s hero,” Cheng Yong “Cleaner, his goal in contacting cancer drugs is not to make a profit, but to reach out to more families who are suffering from the same disease. In the same way as in the movie, he is “defending the rights” of foreign pharmaceutical companies. The real drug he was associated with was once identified as “fake”. “.
The dispute over his conviction for the drug centered on whether the $6,000 given to him by an employee of a biological company linked to the anti-cancer drug pd1 was condolence money after the loss of his son or illegal proceeds from the sale of the drug. In the end, the court found that it was illegal income and sentenced him to three years in prison for selling counterfeit drugs in the first trial and two years and six months in prison with three years’ probation for illegal business in the second trial. He did not accept the verdict and filed a complaint with the Wuxi Intermediate People’s Court in Jiangsu Province in October this year.
In order to save his son, he bought the anti-cancer drug “PD1”
The 51-year-old Wang Baosheng, who was supposed to continue working as an executive at an insurance company in Guangzhou, wanted to have another child after his child died of liver cancer to gradually get his family back on track. But a sudden arrest three years ago completely disrupted his life.
In the summer of 2014, Xiao Hao was admitted to Fujian Ningde First Middle School, where he ranked among the top 100 students in his 14 classes. This was a very happy event for the family, but when Xiao Hao went to Guangzhou during the holidays for a physical examination, he unexpectedly found abnormal liver images, and after further examination in a tertiary hospital, he was diagnosed with advanced liver cancer, and the cancer cells had metastasized to the lungs! Wang Pingsheng recalled that doctors said Xiao Hao’s life could only last 3 or 4 months, and because the giant tumor wrapped around the main blood vessels of the liver, the hospital had no better treatment.
“The child is very smart, since childhood he likes science, after learning programming he also develops games for his classmates to play, but also with me to discuss black holes, four-dimensional space, you say such a smart child, how can we not save? “Wang Baosheng told reporters.
In order to treat the child, Wang Baosheng and his wife contacted four top three hospitals in Guangdong Province, all of which failed to admit him to hospital. Finally, the First Hospital of Sun Yat-sen University admitted Xiao Hao and performed surgery. “Doing surgery is a big risk, many doctors are worried about the child fell on the operating table, in the transfusion of 3,000 ml of blood, two-thirds of the liver removed, Xiao Hao still woke up. “Wang Pingsheng recalled.
After the operation, Xiao Hao needed imported drugs ‘Dodgemei’ At the time, however, the drug was hard to find in the country. Ordinary people had to buy “Dodgemet “, you need to apply to the designated agency, and after passing, you have to pay 270,000 yuan to get it. What Wang Baosheng did not expect is that Xiao Hao’s application failed to pass due to his age and condition. In this regard, Wang Baosheng can only by joining the QQ group of cancer patients, WeChat group, to produce drug resistance patients or families of deceased patients to buy second-hand “Doritos”. .”.
But other people’s second-hand drugs were not always available. In order to save their son, at the end of March 2015, Wang and his wife took Xiao Hao to the Memorial Sloan-Kettering Cancer Center in New York and Duke University in the United States to seek medical treatment. In the process, they learned about a drug that later became known as a “miracle anti-cancer drug” in China. “The drug, the ‘PD1’ “. This class of drugs, works to fight cancer by activating the body’s immune cells, allowing them to recognize and kill tumor cells. Compared to targeted drugs, PD1 has fewer side effects and is effective in patients with advanced stages of cancer.
At that time, the drug was not introduced into China, but has been able to buy as a prescription drug in Hong Kong and Macau.After returning to China in 2015, Wang Baosheng took Xiao Hao to Hong Kong Shao Zude Clinic and Macau Mirror Lake Hospital for treatment, and bought 30 bottles of PD1.At that time, the unit price of each bottle of PD1 was 26 to 27 thousand RMB, and the cost of traveling to Hong Kong and Macau for treatment and buying PD1 was about 1 million.
Wang Baisheng that the treatment effect of PD1 is remarkable, after the use of the drug, the nodules in Xiao Hao’s lungs appeared significantly reduced, he believed that a “miracle”! “. During the treatment Xiao Hao also insisted on self-study, once returned to Ningde first middle school to take the final exam, ranked 35th in the class.
After the launch of PD1 drugs, domestic and foreign pharmaceutical companies have also stared at the Chinese market, and some drug companies have tried to introduce PD1 drugs into the country, for which they have also joined with relevant hospitals to conduct clinical trials on such drugs. In the process of seeking medical treatment for the child, he befriended the staff of a biological company associated with the PD1 class of drugs, which set the stage for his subsequent arrest by the Wuxi police.
Some people use it to save lives others use it for profit.
After 2015, the remarkable efficacy of PD1 has gradually become known to cancer patients in China, and many cancer patients have spontaneously formed PD1 WeChat and QQ groups to communicate with each other in the absence of the official launch of this class of drugs in China. As a family member of one of the earlier PD1 patients, Wang Baosheng also shared his treatment experience and methods with patients in the group, and encouraged them to receive active treatment.
In the opinion of Huang Zuoyun, a resident of Yunfu City, Guangdong Province, Wang Baosheng is helping his family regardless of pay or time. When his son, Jie, fell ill, he was given a detailed explanation of the recommendations and precautions he should take when using PD1 therapy. When Jie’s condition was critical, he even took the initiative to help him contact the hospital in Guangzhou where Jie was admitted. During his stay in Guangzhou, Mr. Wang not only visited Xiaojie many times, but also raised nearly 20,000 RMB with his wife in a circle of friends to treat him. After Jie’s death, Mr. and Mrs. Wang also went to the funeral home to send Jie off for his last journey. To help the financially challenged Huang Zuoyun recoup his money, Wang Paisheng has also helped him transfer the four vials of PD1 left over from Xiaojie at 11,500 yuan per vial.
“Why should I help other patients? Because of the hardship of seeking treatment and the frustration of looking around for medicine, it made me appreciate the plight of cancer patients, who are really difficult, and that’s what motivated me to be willing to help others. “Wang Batsun said.
In 2016, after using 22 vials of PD1, Xiao Hao’s body also became resistant to the drug and the nodules in his lungs grew larger, so Xiao Hao stopped using PD1 on the advice of his doctor and switched to treatment with other targeted drugs. During the period when Xiao Hao stopped using PD1, Wang Baosheng had transferred two bottles of PD1 at a low price at the request of a patient.
Regrettably, Xiaohao, who was only 18 years old, eventually passed away in May 2017. The remaining 6 bottles of PD1 were transferred to a friend for treatment, and the rest were transferred to a man who called himself “Dr. Li”. “The man.
“I was telling the group that we had leftover medicine to transfer, and the owner of the group reached out to me saying he was ‘Dr. Li’, there are patients who urgently need PD1, but their families are not too good, and they want the price to be as low as possible. “Wang Pingsheng recalled.
Wang Baosheng PD1 original price of about 27,000 yuan a bottle of PD1, to 11,500 yuan a bottle of transfer to the ‘Dr. Li’ “. And coordinate Huang Zuoyun as well as another patient’s family to use the remaining eight vials of PD1, also transferred to the “Dr. Lee” for $ 11,500 a bottle. “. Shortly after, ‘Dr. Lee,’ “Contacting him again, he said there were other patients who needed the drug, and could he help him find the drug again.
To this end, Wang Baosheng thought of the previous acquaintance of the biological company staff, so he took the initiative to contact the staff, hoping that the other side can take out a small amount of PD1 from the clinical trial to save other patients. The other side replied, “to the hospital patients is to save lives, to your help to introduce patients are also to save lives, are doing good deeds, the price by 11,500 yuan a bottle transferred to the patient. “
“Because I saw that he was in the group as a doctor to help patients analyze their conditions and guide the use of drugs, I thought he was really a doctor, not to mention that he was someone who relied on selling drugs for a living, so I helped him find drugs. “Wang Pingsheng stressed.
In the end, Wang Baosheng acted as an intermediary to help ‘Dr. Li’ The company’s newest product, the PD1, is the first of its kind in the world.
According to Wuxi police identified after the fact, looking for Wang Baisheng to second-hand PD1 “Dr. Li The case is being investigated by the court, which has sentenced him to one year and three months in prison for the crime of forcible indecent assault on a woman. It’s not just a matter of time, it’s also a matter of time. “Selling Indian generics and other drugs in the name of and making a living from them.
“Unlike the protagonist in the movie
I never wanted to make money from drugs.”
What follows is the same story as the movie “I Am Not a Druggist,” where foreign pharmaceutical companies begin to enforce their rights against Indian generics sold in China. A Guangzhou-based intellectual property company Ltd. was commissioned by British AstraZeneca to fight counterfeiting in the domestic market.
In August 2017, the company’s personnel found a WeChat called “Dr. Li’s work WeChat “The account was selling counterfeit Erisa anti-cancer drugs. Thereafter, the company’s personnel to “Dr. Lee. “Alipay transferred 1,000 yuan to buy 1 box of counterfeit Erisa and sent it to a hotel in Xishan District, Wuxi City. After getting the counterfeit drugs, the company’s personnel, on September 5, 2017, to the Wuxi City Public Security Bureau, Xishan Branch, Yunlin Police Station reported to the police.
The police went along and arrested Bao Mouqing and others, and seized a number of Indian Erisa and second-hand PD1 drugs. It’s worth noting that the price of PD1 that Bao Mouqing resold to others ranged from 21,500 yuan or 15,000 yuan per bottle, with a maximum profit of 10,000 yuan per bottle. According to the confessions of Bao Mouqing and others, Wang Baisheng was arrested by Wuxi police on November 27, 2017.
Wang Baosheng confession, provided to “Dr. Li” – Bao Mouqing 2 vials of PD1 from its children with leftover, 8 vials from other patients, 12 vials by a biological company staff, after the biological company staff to its transfer of 6000 yuan.
“I was reluctant to accept, but the other side said my son had just died, would have invited me to a meal to comfort, because it is busy, from each bottle of medicine to me 500 yuan, as a tea fee, condolences. But I helped contact PD1 not for profit, I am an insurance company executive, monthly base salary is 30,000 and up, and I pay tens of thousands of dollars in income tax every year, so why should I go in to earn that $6,000? “Wang Patsun explained.
If he makes money from selling the drug, he said, why would he sell it at a loss of more than $10,000 per bottle? The reporter noted that, according to the “tax clearance certificate” provided by Wang Baosheng, from October 2016 to November 2017, Wang Baosheng’s personal income tax payment amounted to 74,231 yuan. “Unlike the protagonist in the “I’m not a drug god” movie, I never wanted to make money through drugs, and I sold these drugs at low prices in the hope that they could really help cancer patients. “
Wang Pingsheng stressed that he had argued with the case officer about whether the 6,000 yuan was a condolence money or a kickback for selling drugs to the other party. “The 6,000 yuan of introductory information fee confessed in the transcript was written by the case officer at the 4th arraignment to record the statement, when I offered to revise the restoration of the facts, but the police officer does not revise, but also said that the cost of writing anything are Same thing. “He regretted very much that he did not insist on amending the transcript at that time.
On the eve of the first trial in 2018, after news of Wang Pingsheng’s arrest reached the WeChat and QQ groups of patients fighting cancer, a number of cancer patients who had been helped by him wrote a “petition” in the hope that the judicial authorities would acquit him.
Ma Xiu, a kidney cancer patient from Nankai District, Tianjin, wrote in the petition, “He never sold me any medicine. When his son passed away, we were worried that he would leave the cancer circle, leaving us with no one to rely on,” he said. He said: don’t worry, I am always here if you have questions or need anything. What kind of spirit is that? This is the spirit of deep compassion that saves our oncology patients in their distress ……”
When the reporter dialed Ma Xiu’s phone, she did not answer the phone at first. After the reporter explained the intention of the interview, the phone call came from the family accusing Ma Xiu of “meddling in other people’s business. “The Words. After a brief uproar, Ma Xiu took the call and said that Wang Pingsheng was not for fame or for profit, and indeed had been helping the patients in the group, and had never sold drugs to them. Ma Xiu lamented that good people shouldn’t end up like this.
3 years’ probation in the second trial
In August 2018, the Xishan District People’s Court of Wuxi City, Jiangsu Province held a hearing on the case. His defense attorney argued that Wang Baosheng objectively committed the illegal act, but subjectively had no intention of making profit and should be given a lighter punishment; Wang Baosheng’s actions did not violate the right to life and health of others, and did not cause any socially harmful results; Wang Baosheng’s only son died of cancer, and the reason he introduced the transfer of the PD1 special effect drug was to help more cancer patients relieve their pain and prolong their life. He applied for a waiver of punishment or a suspended sentence.
The court held that the drugs involved in the case were of unknown origin, had not been tested and had not been approved for importation, and were then sold, which fell under the category of “counterfeit drugs” as stipulated in the Criminal Law.
With regard to the source of the counterfeit drugs sold by Wang Baosheng and the question of whether the subjective profit-making, the court reviewed that, although the sale of counterfeit drugs mostly for profit-making purposes, but also does not deny the existence of other purposes to commit crimes, the Criminal Law does not require the sale of counterfeit drugs for profit-making purposes. As for the source of Odebus/Navumab Infusion Concentrate (PD1), because of the inconsistencies in his previous confessions and the lack of other evidence to corroborate them, the source of the drugs in question could not be confirmed. Even according to Wang Baosheng’s consistent confession from the biological company to get 12 bottles, each bottle difference of 500 yuan calculated, its actual illegal profit of 6,000 yuan, the court to the defense opinion is not accepted.
On April 25, 2019, the Xishan District People’s Court in Wuxi City, Jiangsu Province, ruled that Wang Baosheng was guilty of selling counterfeit drugs and sentenced him to three years in prison and a fine of 520,000 yuan.
It is noteworthy that when the movie “I am not a drug god” was released in 2018, society’s concern over the “difficulty in accessing medical care and the inability to afford it “resonates strongly. the PRC Drug Administration Law, which was amended and implemented on December 1, 2019, no longer provides that unapproved imported drugs are treated as counterfeit.
Wang Baisheng appealed against the first instance judgment. Wang Baisheng’s defense attorney argued that he existed to provide foreign drugs that entered the country from abnormal channels to Bao Mouqing, neither with the purpose nor knowledge of selling. Under the newly amended Drug Administration Law, foreign drugs that enter the country without approval are no longer recognized as counterfeit. The first-instance verdict found the crime of selling counterfeit drugs to be in contradiction with existing laws and should be corrected. Wang Baosheng’s behavior does not constitute the crime of illegal business, Wang did not sell the drug at a mark-up to Baomouqing for profit, Wang personally without a drug business license to participate in drug distribution activities, but because it is entirely non-profit nature, does not meet the requirements of the crime of illegal business for the purpose of profit as the subjective element, I implore the court to change the sentence of Wang Baosheng not guilty.
The Wuxi Intermediate People’s Court found that from September to October 2017, Wang Baosheng, without obtaining a drug business license, sold 22 bottles of unapproved imported Odebus/Navumab infusion concentrates (PD1) to Bao Xinqing at a price of 11,500 yuan per bottle, with a total of 253,000 yuan in proceeds and an illegal profit of 6,000 yuan. The court held that the $6,000 “information fee “The essence that belongs to the profit, because the amount of illegal business drugs Wang has reached 250,000 yuan, is a serious plot, should be convicted.
On September 27 this year, Wuxi City Intermediate People’s Court, Wang Baosheng guilty of illegal business, sentenced to 2 years and 6 months of imprisonment, suspended for 3 years, and a fine of 10,000 yuan. The reporter noted that in the first and second trial judgments, the relevant departments did not “a biological company”. “Conduct an investigation to verify. “A biological company “The purpose of working with the hospital on the PD1 clinical trial is also not known. Wang Baosheng himself is no longer willing to talk about the company, he said that the original intention of others to help him contact PD1 is to save lives, he can not return the favor with complaints.
Still unhappy with the verdict, he filed a complaint with the Wuxi Intermediate People’s Court in October this year. He believes that the second trial verdict did not fulfill its responsibility to review the authenticity of evidence, the factual findings are wrong, and the sentence is not fair and just and should be corrected.
PD1 drugs have been available in China since 2018, with the price per 100 milligrams dropping to more than 9,000 yuan. Cancer patients in China no longer have to spend the high price of more than $20,000 to try to buy the drug. Today, Wang Baosheng still wears a neat shirt, straight trousers, clean shoes and a shoulder bag slung over his shoulder, and goes in and out of the streets of Guangzhou like any other white-collar worker, but his status as a criminal has led him to restrict his freedom, lose his job and move even further away from the financial industry he has fought for his whole life.
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