Judgment No.: 45/2023/HS-ST

Defendant: Võ Trọng H

Victim: Lại Thị Thắng H1

Related Parties: Mr. Ôn Kim Quốc B, Mr. Đặng Hoàng A

Regarding: Violation of Regulations on Other Medical Services

Case Summary

On September 29, 2021, at 8:15 am, Mrs. Lại Thị Thắng H1 received her second dose of the AstraZeneca Covid-19 vaccine. Subsequently, she went to the rented house of Võ Trọng H in District F to receive filler injections in her buttocks and thighs. After the injection (around 12:30 PM), Mrs. H1 exhibited signs of fatigue and difficulty breathing, prompting H to ask Mr. Ôn Kim Quốc B and Mr. Đặng Hoàng A, who were living with H at the rented house, to take Mrs. H1 to the hospital. At the same time, H called and informed Mrs. H1’s husband and children. Mrs. H1 was rushed to the hospital for emergency treatment but was pronounced dead at 4:05 PM on the same day. Upon hearing of Mrs. H1’s death, H went to the Police Department in Ward 7, District F to report the incident.

Defendant: Võ Trọng H

At around 11:30 AM on September 29, 2021, H instructed Ôn Kim Quốc B to transport Mrs. H1 by motorbike to H’s house. Mrs. H1 requested H to inject filler into her buttocks. Since Mrs. H1 had previously visited H multiple times for cosmetic procedures, H administered the injection without charging any fees. Approximately five minutes after the injection, Mrs. H1 showed signs of fatigue and difficulty breathing. It was at this moment that H learned that Mrs. H1 had just received the AstraZeneca vaccine. H immediately asked Mr. Quốc B and Mr. Hoàng A to take Mrs. H1 to the hospital for emergency treatment while also calling her husband and children to inform them. Upon learning of Mrs. H1’s death, H went to the police to report the incident. H admitted that he was not licensed to operate a cosmetic service business at home and did not possess any formal qualifications in pharmacy or medicine issued by any authorized agency. Regarding the origin of the filler, in early 2021, H ordered a 50ml vial of HA filler online for 3,000,000 VND, which he used for self-injection and for injecting Mrs. H1. Upon hearing of Mrs. H1’s death, H disposed of the injection tools in the trash.

Following the incident, H reached an agreement to compensate the funeral expenses for Mrs. H1 in the amount of 70,000,000 VND and an additional 300,000,000 VND to compensate for the emotional distress caused to Mrs. H1’s family, totaling 370,000,000 VND. Mr. Nguyễn Văn D, Mrs. H1’s husband, accepted the compensation and filed a request to dismiss the charges against H.

Initial Diagnosis by Hospital N3: Mrs. Lại Thị Thắng H1 was admitted to the hospital in a state of respiratory arrest. The suspected cause was an anaphylactic reaction of grade IV with an unknown allergen, potentially related to local anesthetic toxicity, following her second AstraZeneca vaccine and filler injections in both buttocks. A rapid Covid-19 test returned negative.

Autopsy Results: No external injuries caused by force were found on the victim’s body; there was a swollen bruise on the right buttock measuring 18x16cm; both lungs were edematous with a small amount of yellowish fluid; a small hemorrhage was found on the anterior surface of the pericardium; the pericardium was intact, containing a small amount of yellowish fluid.

Forensic Autopsy Conclusion Report No.: 1680/TT.21 dated October 14, 2021, by the Forensic Center – Department of Health of Ho Chi Minh City: The forensic autopsy of Mrs. Lại Thị Thắng H1 revealed the following key signs: sudden death during buttock filler injection, multiple injection marks with associated swelling and bruising on both buttocks, pulmonary edema with a small amount of yellowish fluid in the lung cavities, and no noticeable damage to other organs. Histopathological examination results indicated acute right ventricular myocardial infarction and fat embolism in the pulmonary arteries. Toxicology tests did not detect any toxic substances. Cause of death: fat embolism in the pulmonary arteries caused by buttock filler injection.

Document No.: 1680-GT/TgT.21 dated January 28, 2022, by the Forensic Center – Department of Health of Ho Chi Minh City: The vaccination had no impact or connection to Mrs. Lại Thị Thắng H1’s cause of death.

Document No.: 1836/TCKH dated November 4, 2021, from Department T6: Address No. E, Street D, Ward A, District F, Ho Chi Minh City does not operate as a family business or private enterprise.

Document No.: 3664/SYT-QLDVYT dated May 19, 2023, by the Department of Health of Ho Chi Minh City: Address No. E, Street D, Ward A, District F has not been issued a license to operate a medical examination and treatment facility.

Document No.: 379/Ttra dated March 23, 2022, by the Inspectorate of the Department of Health of Ho Chi Minh City: Filler injections or the use of dermal fillers are dermatological and cosmetic techniques that must be performed by licensed doctors according to the Law on Medical Examination and Treatment of 2009 and must have certification or specialized training in filler injection as prescribed in Circular No. 43/2013/TT-BYT. Cosmetic service establishments are not required to have a license to operate but must have a document notifying that they meet the conditions to provide cosmetic services. Cosmetic services involving the use of drugs, substances, or devices to interfere with the body that require the use of injectable anesthetics may only be performed in hospitals with a specialized cosmetic department or clinics and facilities with a professional scope in cosmetics. The fact that Võ Trọng H performed filler injections without a medical practice certificate at an unlicensed medical facility constitutes a violation of medical regulations.

Forensic Toxicology Report No.: MST 644/ĐC.2022 dated August 31, 2022, by Center P – Department of Health of Ho Chi Minh City: The liquid sample inside the brown glass tube labeled “Fatig” did not detect common substances such as Acetaminophen (P), A1, A2, A3, A4, etc.

On July 15, 2022, the Q2 Police Investigation Agency issued a decision to prosecute the criminal case (Decision No.: 82/QĐ-ĐCSHS); on September 29, 2022, issued a decision to prosecute Võ Trọng H for the crime of “Violation of Regulations on Other Medical Services” (Decision No.: 137/QĐ-ĐCSHS).

Indictment No.: 43/CT-VKS-Q6 dated June 9, 2023, by the People’s Procuracy of District 6, Ho Chi Minh City: The People’s Procuracy of District 6, Ho Chi Minh City has prosecuted defendant Võ Trọng H for the crime of “Violation of Regulations on Other Medical Services” as prescribed at Point a, Clause 1, Article 315 of the Penal Code 2015.

Representative of the People’s Procuracy of District 6:
The prosecution of defendant Võ Trọng H is consistent with the indictment. A sentence of 01 year 06 months to 02 years 06 months of imprisonment is proposed, with a suspended sentence, and a probation period of 03 to 05 years for the crime of “Violation of Regulations on Other Medical Services.” A fine ranging from 10,000,000 VND to 20,000,000 VND is also proposed.

Judgment of the Court

In comparison to the statements of the defendant Võ Trọng H at trial with the autopsy report dated September 30, 2021; the Forensic Autopsy Conclusion Report No.: 1680/TT.21 dated October 14, 2021, and Document No.: 1680-GT/TgT.21 dated January 28, 2022, by the Forensic Center – Department of Health of Ho Chi Minh City; Document No.: 379/Ttra dated March 23, 2022, by the Inspectorate of the Department of Health of Ho Chi Minh City; Document No.: 3664/SYT-QLDVYT dated May 19, 2023, by the Department of Health of Ho Chi Minh City; Document No.: 1836/TCKH dated November 4, 2021, from Department T6; the trial panel has sufficient grounds to conclude that the defendant Võ Trọng H committed the crime of “Violation of Regulations on Other Medical Services.” The crime and punishment are stipulated in Article 315 of the Penal Code 2015, as amended and supplemented in 2017.

The severity of the criminal conduct of defendant Võ Trọng H is serious, and a strict sentence is required for general prevention and education. Considering that the defendant has compensated the damages, remedied the consequences of the offense, exhibited a sincere attitude in confessing, shown remorse, and this is his first offense, the trial panel considers mitigating a portion of the criminal liability.

Decision of the Court

The court declares that defendant Võ Trọng H is guilty of “Violation of Regulations on Other Medical Services,” and sentences him to 01 year 06 months of imprisonment, with a suspended sentence, and a probation period of 03 years. The defendant is assigned to the People’s Committee of Ward A6, District F, Ho Chi Minh City, for supervision and education. The defendant is fined 15,000,000 VND and must pay 200,000 VND in first-instance criminal court fees.

Legal Basis

Point a, Clause 1, Article 315; Points b, r, s, Clause 1, Clause 2, Article 51; Article 65 and Article 50; Clause 4, Article 315 of the Penal Code 2015. Clause 1, Point c, Clause 2, Clause 3, Article 106, Clause 2, Article 135 of the Criminal Procedure Code; Article 23 of Resolution No.: 326/2016/UBTVQH14.