Chinese Patients "Seeked" For Class Action "Lawesuit"
I guess this sort of thing was bound to happen, but I still found it somewhat disquieting (beyond just the atrocious grammar and spelling, a/k/a Chinglish) to see the following Xinhua headline: "Patients seeked [sic] for lawesuit [sic] against Bausch & Lomb." Seems American lawyers are rounding up Chinese class action plaintiffs for a lawsuit against Bausch & Lamb involving recalled contact lenses.
Personal injury lawsuits worth $75,000 in the United States would likely fetch less than $7,500 in China. This difference creates an obvious incentive to sue in the United States, rather than in China, whenever possible.
Some argue it is unfair for someone injured the United States to get more for their injury than someone injured in China. There are, however, very good reasons for this. First and foremost is the huge difference in wages between the two countries. Second, the cost of living, including medical care, is much higher in the United States than in China. Arguing against different damage awards is hardly any different than arguing for Chinese factory workers to be subject to California minimum wage laws. A more sophisticated argument favoring equal damage payments is that American companies will hardly be deterred from producing dangerous products if all they have to do is pay out $7,500 per injury.
It will be interesting to see how United States courts handle Chinese plaintiffs in personal injury class action lawsuits as this issue will no doubt become more common. Will Chinese plaintiffs in American courts receive awards comparable to those received by domestic American plaintiffs or will they be more in line with those they might be expected to receive in China? Will Chinese plaintiffs one day seek to sue American companies in American courts for injuries caused by products manufactured by an American company in China?
I understand this issue of differing damages in an international context comes up fairly often in airplane and vessel injury cases, but I am not aware of how courts typically handle it. Perhaps an Aviation, Maritime or personal injury lawyer will comment on this.

Comments (7)
Read through and enter the discussion by using the form at the endbobby fletcher - June 29, 2006 6:20 PM
This has got to be good for China's legal system, no? Very soon it'll happen on the ground for them.
In China more people are electing to go to the courts to fight for their rights, than picking up the spade and duking it out.
Here's an example of bunch of Guangdong citizens winning China's equivalent of class action over land rights, after slogging thru the courts for 8 years:
http://www.9251.com/news/NewsShow.aspx?NewsID=1124161345486&ClassID=010202
China Law Blog - June 29, 2006 9:50 PM
Mr. Fletcher --
Thanks for checking in and thanks for referring us to that article (in Chinese) on the Guangdong case. I agree with you both in how the Chinese are increasingly using the courts to seek redress and on how that is generally a positive thing. However, I do not think Chinese citizens suing in the United States will have any positive impact on China's legal system. Do you think it will? If so, please explain.
Joseph Wang - June 30, 2006 10:44 AM
Anything that gives Chinese more real face-to-face experience with the American legal system is a good thing, since it gives people some hard data which will help people figure out what to do with the Chinese legal system.
After going through the experience, people will find parts that they like, parts that they hate, and different people will see different things.
The other thing is that while damage awards are higher in the United States, so is the cost in time and money. In any case, most lawsuits everywhere are effectively settled out of court, and most lawsuits are merely one (often small) part of a larger negotiation process between the plantiff and the defendant.
China Law Blog - June 30, 2006 10:32 PM
Mr. Wang --
Thanks for checking in. Good to see we are again in agreement.
China Law Blog - August 17, 2006 10:27 PM
Mr. Haszard --
And I appreciate those who appreciate us. Thanks.
Makina - August 26, 2006 10:50 AM
This must be an exception because there are no land rights in China whatsoever--those laws are not applied by the cadres for the benefit of the people. As you know thousands of peasants' homes have been bulldozed to make room for Olympic sites, and/or construction of dams. There were 80,000 riots last year--the peasants are so angry as they're getting nothing but a pittance for the loss of their land with the CCP pocketing most of the money by the time it gets to them--there is nothing left. The corruption is fierce.
The crackdown on lawyers just this week is a prime example that the judiciary system in China is controlled by the CCP and kangaroo courts are rampant. For example, prominent rights lawyer Gao Zhisheng, known as the Martin Luther King of China, has been arrested for campaigning for the blind lawyer who just got 4 years for exposing the abortion policy. Gao Zhisheng has been pushing the Nine Commentraries on the Communist Party http://ninecommentaries.com for quite some time which has resulted in 13 million Chinese to quit the Party. This makes Beijing very nervous. This crackdown on rights defenders has triggered a campaign of non violence among the protesters but not on the part of the dictators. The Chinese people must be liberated from this tyranny...the Chinese courts will not help them as they only serve the interests of the CCP.
China Law Blog - August 27, 2006 8:40 PM
Makina --
Thanks for checking in. Not sure why you chose to leave your comment to this post, but here is my response. I write about Chinese courts' handling of business disputes. So when I talk about how they are getting better, I usually qualify that by saying that I am not opining regarding their handling of government or political cases. I leave that for others more closely connected with that arena.