From 20 16, he helped the patients he met in QQ group to buy anticancer drugs from Germany, so some patients with advanced liver cancer continued their lives. Two years later, he became the pillar of the group of patients, and many patients sent cases to ask him every day.
Zhai Yiping, 46, said he didn't know it would violate the law.
On July 25th, 20 18, Zhai was detained on suspicion of selling counterfeit drugs, and now he is detained in Shanghai detention center.
Zhai Yiping's purchasing experience should start with his patient Lao Mi's "drug-free disease" at the end of 2065438+2005.
After 20 14 suffered from liver cancer, Zhai began to delve into relevant medical knowledge and often communicated with patients in QQ groups that gathered patients with liver cancer from all over the world. Old rice is in the group.
At that time, Laomi moved to major hospitals in Beijing, Shanghai and Guangzhou, and all doctors said that there was no way, and all treatments were useless. Zhai Yiping noticed PD- 1 lizuzumab injection (hereinafter referred to as "PD- 1") and Lenvatinib (hereinafter referred to as "E7080"), and recommended them to Lao Mi, hoping to save his life.
E7080 is an oral small molecule targeted drug. From 2065438 to March 2008, Japan approved it for patients with advanced liver cancer. PD- 1 is an immune drug, which can prolong the survival time of patients, and the effect is better when combined with E7080.
In 20 17, the European Society of Oncology and the American Society of Clinical Oncology published the clinical data of E7080 combined with PD- 1 antibody, and the disease control rate approached 100%.
But at that time, these two drugs were not available in China, let alone clinical experience. "If you try, you may live; if you don't try, you will die." With the mentality that a dead horse is a living horse doctor, Lao Mi listened to Zhai Yiping's suggestion and became the "white mouse" who tried PD- 1 United E7080 earlier in China.
From 2065438 to May 2006, there were five tumors in Laomi, the largest of which was 3.5 cm. By 2065438+September 2006, Laomi had only 1 1.5 cm tumor, and all others were necrotic. Even the doctor was surprised by the result of this examination. During the treatment, Zhai Yiping and Lao Mi shared this treatment plan with other patients and received inquiries from patients all over the country: Where did they buy life-saving drugs?
At that time, the way to buy drugs was mainly through Hong Kong, Macao or abroad. Hong Kong is near, but patients buy from Hong Kong, which costs about RMB 1000 more per month than from Germany. So Lao Mi and her patients shared the experience of buying from Germany.
After understanding the channels of drug purchase, some patients went to Germany to buy drugs themselves. However, some people ask Zhai Yiping and Lao Mi to buy it for travel and health reasons.
Slowly, because the drugs of combination therapy are very effective for patients with advanced liver cancer, and the price of Zhai Yiping and Laomi is cheaper than other purchasing agents or drug dealers, more and more patients are looking for them to purchase. They also have a new way of cooperation: after Zhai counted the number of drugs purchased, his old friends bought them from Germany. After the drugs arrived in Shanghai, Zhai distributed them to patients all over the country by cold chain car.
According to Mr. Si, a lawyer who met him at the detention center, he told China Youth Daily and Zhongqing Online reporter that Zhai was not clear about the crime of selling counterfeit drugs when he bought foreign anticancer drugs, and he felt very wronged. His original intention was that the medicine he sold could save his patients' lives and he could make a little money.
Zhai told his lawyer that a year ago, he was weak and resigned as the project manager after his physical examination found that transaminase was elevated. Although he can get a reward of about 5% for buying drugs, he must know that this is a crime and will definitely not do such a thing because "he can't make much money."
Zhai's wife (pseudonym) recalled that Zhai's condition had been well controlled since he underwent microwave ablation on 20 14. All the medicines he bought were for patients with serious illness. In her eyes, Zhai is a studious person: "He has thoroughly studied what drugs are available at home and abroad, their efficacy and side effects."
Begging: "Please understand those of us who live on the edge of the cliff."
Zhai's case touched the hearts of many patients. As of August 9, 20 18, patients from Guangdong, Fujian, Hainan and Jiangxi spontaneously wrote 163 letters of pleading, hoping that Zhai Yiping would come out as soon as possible.
These patients mainly come from the QQ group of "Love Liver Program" managed by Zhai. As of August 9, the group has 978 members, mainly liver cancer patients and their families. Most of the files shared in the group are all kinds of drugs and medication experiences that patients have tried.
Knowing that the owner was detained, the patients collectively discussed what to do for Zhai and wrote a pleading letter together. As for who the pleading letter is addressed to, they don't know. It's just that the first sentence says "respected leader", and at the end of the article says "request not to pursue Zhai Yiping's criminal responsibility" and so on.
In these pleading letters, some patients did not know about Zhai Yiping's purchase of anticancer drugs, but only described Zhai Yiping's experience of recommending good doctors and hospitals and helping them watch movies. Some patients who have used daigou drugs have provided their own price comparison with other daigou or drug dealers, saying that the anticancer drugs provided by Zhai Yiping are cheaper and more effective than those provided by other drug dealers.
But the most anxious thing is that some patients who are about to stop taking medicine or have stopped taking medicine. Because Zhai Yiping was detained, they can't find a new way to buy medicine for the time being. One of the pleading letters said, "Be more selfish. If he doesn't come out, we'll have to stop taking drugs."
Hu Ling, a group friend, is from Wuxi, Jiangsu. She works in finance with an annual salary of 80 thousand. She is an only child and not married. Up to now, she hasn't told her 6 1 year-old sick father that after Zhai Yiping was detained, he either bought medicine at a high price or stopped taking medicine in the future.
She doesn't want to go through the experience of buying fake drugs and expensive drugs again. From April, 2065438 to April, 2008, my father was diagnosed with advanced liver cancer, and he could not operate, nor could he receive chemotherapy and radiotherapy. The doctor judged that he could live for two months at most. "When I first found out the advanced stage of liver cancer, my dad was very depressed and sick at home, unwilling to talk."
On the recommendation of the doctor, they contacted a drug dealer and began to try combination therapy. However, the drug dealer provided 32,000 yuan for one injection of PD-/KLOC-0 and 25,000 yuan for a box of 20 capsules of E7080. The high cost of medicine has put great pressure on Hu Ling's family.
What made her even more desperate was that her father began to have unwell reactions such as vomiting and diarrhea after taking the medicine. She contacted Zhai through a friend, only to know that E7080 provided by the drug dealer may be a fake drug. She switched to drugs provided by Zhai: PD- 1,1.2000 yuan, E7080, a box of 30 pills,1.9000 yuan.
Zhai Yiping also taught her how to spend money on the cutting edge, what are the symptoms and side effects after using PD- 1, and what to avoid ... After three months, her father's alpha-fetoprotein index (a tumor index for diagnosing primary liver cancer) dropped from 5 1878 to 6 125, and her condition became stable.
After the drug took effect, Hu Ling's father's desire for survival was greatly enhanced. "Now he has a good appetite and is optimistic about telling people to control tumors and save their lives. Even if he can't go out to work, he can watch the door for his mother and daughter at home. "
"What is urgent now is to stop taking medicine, and there is no professional guidance." Hu Ling said Zhai is a cheap purchasing agent, which sometimes helps us subsidize the courier fee. He is a good man.
Old rice once asked the doctor about the consequences of stopping taking drugs. The doctor said that stopping the drug means that life is threatened, and all previous efforts may be ruined.
Every morning, Hu Ling will see friends say good morning to each other and cheer each other up. Our group is basically poor.
Doctors in some remote areas have little clinical experience in the treatment of PD- 1 combined with E7080, and patients' medication experience is very valuable to patients in these areas.
One patient said in the pleading letter: "I hope the leaders can understand those of us who live on the edge of the cliff. After all, Lian Qiu (Zhai Yiping's online name) has been selflessly helping all patients on the road of cancer. "
From July 2065438 to July 2008, the problem of expensive anticancer drugs reappeared in the public eye. The government's measures such as zero tariff on anticancer drugs and medical insurance negotiations also predicted the possibility of reducing the price of anticancer drugs. However, the beneficiaries of these measures, that is, patients in this group, still worry that they can no longer use life-saving drugs because Zhai is detained.
201On June 5th, 8, the US Food and Drug Administration (CFDA) in China officially approved the listing of PD- 1. Liu Yong, a group friend, told the reporter of China Youth Daily and Zhongqing Online that it is a good thing for anticancer drugs to go abroad, but for families who need to take drugs for a long time, if the drug price is more expensive than what Zhai Yiping bought, he can't afford it for a long time.
Torture: the collision between reality and law
It was not until Zhai was detained that many patients in the "Love Liver Program" group realized that the effective real medicine in their eyes was a fake medicine in the legal sense. They are very puzzled, why can imported purchasing drugs that can save lives be identified as counterfeit drugs?
Guagua (net name) said in QQ: "Is it illegal to buy abroad at present?" But what can we do without eating? I want to live. "
She sent several pictures of her arms and thighs to the reporter of China Youth Daily and Zhongqing Online: the skin was thin and brittle, the blue-red blood vessels were thick and obvious, and they were densely exposed on her arms and obviously cracked. Guagua explained that she suffers from cirrhosis after autoimmune hepatitis, and the side effects of domestic drugs are unbearable for her skin and body, so she often asks her friends to buy them abroad.
From March 2065438 to March 2008, at the China Liver Cancer Leaders Forum, some experts pointed out that China is a big country with liver cancer, and more than 50% of the new and dead liver cancer patients in the world are in China. The 5-year survival rate of liver cancer in China is only 12.5%, which is far lower than that in Japan, South Korea and other countries.
A survey by China Youth Daily and Zhongqing Online reporter found that it is very common for cancer patients to buy anticancer drugs that are not listed in China. Zhai told the lawyer, "Everyone has this need, and no one wants their relatives to wait for death".
But the law has drawn a red line. Article 48 of the Drug Administration Law stipulates that those that are produced or imported without the approval of this law, or those that have not been inspected by this law, are regarded as counterfeit drugs.
In other words, all drugs that have not been approved by the state will be regarded as counterfeit drugs.
Zhai Yiping is not the only one who was punished for buying imported drugs.
Jin Hongwei, a lawyer of Beijing Huayi Law Firm, analyzed that this provision is reasonable. Compared with Southeast Asia and other regions, China's drug management standards are higher, and there may be adverse reactions after purchasing drugs produced in Southeast Asia.
"But this (regulation) is too one size fits all. In terms of safety, the safety standards of Japan, Europe and the United States are much higher than those of China. Some drugs have been taken for many years, and clinical verification is indeed effective and safe. How to apply them to China patients as soon as possible, the relevant departments should find a way as soon as possible. "
Some patients in the group are puzzled: "Is it ridiculous for a patient to become a criminal by helping other patients?" Many group friends said that this spoke their minds.
In the lawyer's view, the problem of Zhai case lies in legislation.
Tracing back to the legislative evolution of the crime of producing and selling counterfeit drugs, he found that counterfeit drugs were defined in the Criminal Law of 1997 according to the provisions of the Drug Administration Law, and the counterfeit drugs stipulated in the then effective Drug Administration Law did not include genuine drugs imported without approval or inspection.
However, after the drug administration law was revised in 200 1, drugs imported without approval or inspection began to be recognized as counterfeit drugs. 20 1 1 amendment to the criminal law (8) deleted the constituent elements of "enough to seriously endanger human health", resulting in the sale of imported genuine drugs will also be punished.
These two amendments have expanded the scope of application of the criminal law, resulting in the import of genuine drugs without approval or inspection becoming counterfeit drugs in the sense of the criminal law. Therefore, he suggested that foreign countries must set conditions with harmful consequences when purchasing self-help and independent drugs. If there are no harmful consequences, no matter whether it is profitable or not, it should not be sentenced.
Zhai's case is still under investigation.
Due to his detention, Zhai's routine physical examination scheduled for July 30 could not be carried out. His wife, Deng Ting, said: "The case belongs to the case, and the body belongs to the body. After all, he is a liver cancer patient. "