Peng Shicai found it hard to understand: "If I can drink water myself, how could I be classified as a vegetative state patient?" He further emphasized: "Eating is still fine; I can eat everything by myself. If you peel an orange for me, I can eat it myself, and if you give me water, I will drink it." Huang Yejian called in Zeng Daoyuan, the forensic doctor who participated in the appraisal at that time. Facing the interview request from the Xin Fazhi Daily reporter, after reviewing the appraisal report, Zeng Daoyuan said: "I didn't go there, and this was not done by me."
"Even though he can eat and handle his own urine bag, surely he cannot have someone serve him food or dispose of his urine bag," Chen Zhenbao said, "Anyway, this person is now disabled, and will be like this for life, requiring nursing care."
Huang Yejian mentioned during the interview that, "Our appraisal is merely a forensic opinion. What we saw was a vegetative state, so that's what we recorded. As for whether he later remained in a vegetative state, the parties involved can request a supplementary appraisal. If there are objections to the current appraisal, they can also apply for a re-appraisal with the case-handling authority."
The reporter noticed that in the 'Analysis Opinion' section of this vegetative state appraisal report, more focus was on phrases such as "based on Lin Dongsheng's CT examination upon hospital admission..."
The reporter noted that the appraisal was commissioned by the Ningdu County Legal Aid Center and conducted on September 27, 2011.
As Peng Shicai expected, subsequently, Lin Dongsheng's family submitted the vegetative state appraisal report to the court, demanding compensation calculated according to a first-level disability rating.
The reporter noticed a detail: On the table next to Lin Dongsheng, there was a plastic bag containing yellow liquid. Chen Zhenbao explained: "He (Lin Dongsheng) cannot get up to use the restroom, so he keeps the urine bag on himself."
So, does being able to eat, drink, and handle one’s own urine bag qualify as being in a vegetative state? Huang Yejian only repeatedly explained: "Perhaps he woke up again; it's normal for vegetative state patients to wake up."
Written and photographed by reporter Yin Jian.
Director Huang Yejian of the center stated during the interview: "I know about this matter and participated in the discussion of this appraisal opinion, which determined a vegetative state, and ultimately rated as a first-level disability."
In response to this highly controversial appraisal, many relevant experts have expressed that raising the entry threshold and strengthening supervision over judicial appraisal institutions is an urgent issue to be addressed. In particular, increasing punishment intensity, making institutions suspected of fake appraisals bear corresponding legal responsibilities, and setting exclusion periods or lifelong bans for related personnel is necessary. Only in this way can the judicial appraisal environment be purified.
"I believe he is disabled, but saying he is in a vegetative state doesn’t make sense. Is his family just trying to get more compensation?" asked Peng Shicai, who is already in his sixties with white hair, feeling somewhat aggrieved.
However, Peng Shicai had already indicated earlier, "I definitely do not agree with the appraisal opinion document, and we reserve the right to apply for a re-appraisal."
On March 26, 2011, at around 12:20 PM, a two-wheeled motorcycle traveling straight ahead couldn't swerve in time to avoid a three-wheeled motorcycle turning towards the roadside, resulting in a direct collision. Lin Dongsheng was driving the former and fell into a roadside ditch.
A simple traffic accident causing disputes is not uncommon. But after the issuance of a disability appraisal opinion document, unexpected changes occurred in the situation.
Last November 1st at 10 AM, Peng Shicai's proxy lawyer Jie specially went to Lin Dongsheng's father-in-law's house and found him. Lawyer Jie told the reporter: "At that time, I saw Lin Dongsheng sitting in a wheelchair. When I spoke to him, he only made incoherent sounds and looked around aimlessly. I opened a bottle of mineral water for him, and he immediately drank it. I don’t believe Lin Dongsheng is in a vegetative state."
At 4 PM on January 5th, when the Xin Fazhi Daily reporter knocked on the door of seventy-year-old Chen Zhenbao's house, he was still resting in bed. Beside his bed, on a wheelchair, sat his son-in-law Lin Dongsheng. His eyes were open, showing no signs of sleepiness. His eyes followed the reporter entering the room and moved along with the reporter's position, but he did not speak.
Understanding that the appraisal location was at Lin Dongsheng's home in Lüwu Group, Songhu Village, Zhuzha Township, Ningdu County.
Under such circumstances, the compensation dispute escalated to the local court and was tried in court in August last year, but a verdict has not yet been reached.
During Lin Dongsheng's hospital treatment, Peng Shicai paid 15,000 yuan for his medical expenses. In fact, Lin Dongsheng's family paid over 100,000 yuan themselves. Since Peng Shicai did not cover all of Lin Dongsheng's medical costs, both parties have been in constant disputes because Peng Shicai believes he "should not bear equal responsibility."
"The Plant-Man Can Get Angry"
"Traffic Accident Triggers Compensation Lawsuit"
"How could Lin Dongsheng be in a vegetative state? During the trial at Ningdu Court in August, Lin Dongsheng actually appeared in court," Peng Shicai said.
The "Plant-Man" Appraisal Opinion Raises Doubts
"He doesn't want to eat." Chen Zhenbao explained, "When he doesn't want to eat, he gets angry. If you force him to eat, he will hit people. When he gets angry, he hits people."
Subsequently, Huang Yejian told the Xin Fazhi Daily reporter: "The two forensic doctors are quite old, so they might not remember clearly."
"Plant-Man Can Get Angry"
"Car Accident Triggers Compensation Lawsuit"
On January 6th, the Xin Fazhi Daily reporter located the Jiangxi Ganzhou Judicial Appraisal Center on Bayi Avenue in Ganzhou City, where the "plant-man" appraisal opinion was issued.
When asked about living conditions, Chen Zhenbao said: "He needs daily care, but eating is okay. If I put the bowl of rice on the table in front of him, he will pick up the spoon and eat by himself. His right hand and right foot are paralyzed, leaving only his left hand and left foot functional."
Subsequently, Huang Yejian questioned the new Xin Fazhi Daily reporter about the basis of the appraisal. Huang Yejian claimed that the court must have had photos and other evidence at the time, but the forensic appraisers were difficult to find. However, he left the reporter's contact information, promising to reply by January 9th, but did not respond until the article was published.
Peng Shicai's proxy lawyer Jie showed the Xin Fazhi Daily reporter the investigation records he took from two witnesses present in court on October 28th of last year. Zhang Mansheng, who lives in Meijiang Town, Ningdu County, stated: "On the afternoon of August 3rd during the trial, I attended the fourth courtroom of Ningdu County Court, and saw Lin Dongsheng sitting alone in the audience area, drinking mineral water with his own hands." This scene was also witnessed by Yang Zhuxiu, who lives in Meijiang Town.
"Plant-Man" Appraisal Opinion Sparks Controversy
Subsequently, Huang Yejian telephoned another forensic doctor, Yang Cheneng, who was present at the scene for the appraisal, but he provided no explanation.
Subsequently, the Xin Fazhi Daily reporter went to Ganzhou City and described these phenomena to a forensic doctor at a judicial appraisal center for inquiry. Forensic doctor Mr. Liu from the Jiangxi Ji Yuan Judicial Appraisal Center introduced: "A plant-like state generally means having characteristics similar to plants, lacking consciousness, unable to move independently, without cognitive awareness, and certainly unable to perform normal activities. Being able to eat and handle a urine bag clearly does not meet the criteria for a vegetative state." However, he added: "For this plant-like state appraisal, an accurate judgment can only be made after personally seeing the party and understanding the specific situation."
How Was the "Plant-Man" Appraisal Made?
Huang Yejian explained that wakeful coma has recurrence, meaning: "When our forensic doctors went for the appraisal, they observed a comatose state, which might have woken up later."
Pointing to Lin Dongsheng in the wheelchair, he told the Xin Fazhi Daily reporter: "(Lin Dongsheng) is now a waste, identified as a vegetative state in Ganzhou."
On January 5th, the Xin Fazhi Daily reporter visited Ningdu County Court for an interview. Chief Judge Lai Xiaolong of the Civil Division Four stated that the court may base its decision on this plant-like state judicial appraisal report unless relevant parties apply for a re-appraisal. Currently, Lin Dongsheng's family continues to calculate compensation based on the standards for first-level disability due to a vegetative state, and requests related compensation from Peng Shicai.
Is Lin Dongsheng Truly in a Vegetative State? How Much Discrepancy Exists Between the Appraisal Report and the Real-Life Situation of Lin Dongsheng?
At 41 years old, Lin Dongsheng has just experienced a car accident and can no longer stand, requiring Chen Zhenbao's round-the-clock care.
Could the "Comatose State" Coincidentally Occur During the Appraisal?
What surprised the reporter was that Chen Zhenbao pointed to the urine bag and said: "This urine bag was just taken out. After he (Lin Dongsheng) urinated and felt the heat, he would take the urine bag out himself and place it on the table. It's always he who takes the urine bag out himself."
"Does the Plant-Man Drink Mineral Water in Court?"
Lawyer Cao Sheng from Jiangxi Jingtian Law Firm reviewed this appraisal report and commented, "This is an appraisal with only a conclusion, while the 'Analysis Opinion' lacks details, and there are no apparent bases for auxiliary equipment checks, relying more on the condition check after the victim was admitted to the hospital, obviously raising numerous questions."
On January 5th, at Lin Dongsheng's father-in-law Chen Zhenbao's home, Chen Zhenbao told the reporter that he is currently taking care of Lin Dongsheng day and night.
Did any party deny conducting the appraisal?
After repeated inquiries by Huang Yejian, Zeng Daoyuan still stated that he was unclear about the matter.
New Fazhi Daily reporters recently investigated locally, and the explanation given by the appraisal center was that the patient was in a vegetative state during the forensic appraisal, and later "might have woken up again." However, there are many doubts.
The "Plant-Man" Has Cognitive Awareness, Raising Many Questions About the Appraisal
Such an appraisal opinion was hard for Peng Shicai to believe.
The accident determination letter issued by the Ningdu County Traffic Police Brigade on April 13, 2011, showed that the fault of Lin Dongsheng, who was driving the two-wheeled motorcycle, lay in "driving a motor vehicle that had not undergone safety technical inspection on the road without wearing a safety helmet and maintaining a safe distance from the preceding vehicle." The fault of Peng Shicai, who was driving the three-wheeled motorcycle, was "driving a motor vehicle with rear turn signals not meeting technical standards on the road while making a right turn, and taking inappropriate measures in dangerous situations." Both parties "should bear equal responsibility for this accident."