Tokyo High Court Verdict
Notice
- Evidence articles with the prefix “Koh” are items submitted by the claimant.
- Evidence articles with the prefix “Otsu” are items submitted by the defendant doctor.
- Evidence articles with the prefix “Hei” are items submitted by the defendant hospital.
- “TN” = Translator’s notes
Translation Date: April 14, 2012
Translator: Wayne Douglas
Verdict Read: Heisei 23/2/7 (Feb 7th, 2011)
Verdict Issue Date: As above
Court Secretary: Kaori Sakamoto
Case Number Heisei 21 (Ne) No.4966
Case of appeal for damage compensation (Original Verdict: Tokyo District Court – Heisei 19 (2007) (Wa) No.14582)
Hearing Conclusion Date: Heisei 22/11/15 (Nov 15th, 2010)
Verdict
| Appellant (claimant): | Wayne Michael Douglas |
| xx xxxxxx xxxxxx, xxxxxxx, xxx xxxxxxxx, | |
| xxxxxxxx, New Zealand | |
| Legal Representatives: | A |
| H | |
| S Clinic | Floors x~x, xxxxxxxx xxxxxxx xxxxxxxx, |
| x-x-x xxxxx xxxxxxxx, xxxxxxxx, Tokyo | |
| Hospital Representative: | I |
| Legal Representative: | M |
| Appellee (defendant doctor): | X |
| x-x-xx xxxxxxx, xxxxxxx xxxx, Chiba | |
| Legal Representatives: | K |
| KM |
Principal Judicial Statement
- All matters pertaining to this case of appeal are dismissed.
- Appeal costs are to be the responsibility of the appellant (claimant).
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Facts and Reasoning
1.0: Appeal Demands
- For the overturning of the original ruling.
- For the appellee (defendant) to pay the appellant (claimant) the sum of 30,928,848 yen, out of which, an interest rate of 5% is to be charged against the sum of 25,350,650 for the period March 25th, 2006 to September 25th, 2008 and against the sum of 30,928,848 yen for the period starting September 26th, 2008 until such time that the appeal case concludes.
- For the legal costs (both district and high court) to be the responsibility of the appellee.
- Declaration for provisional execution
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2.0: Factual Background
2.1.0 (Factual Background, including damages sought)
2.2.0 (Factual Background)
2.3.0 Claims of the Concerned Parties in this Case
2.3.1 Appellant’s (Claimant’s) Claim
2.3.2 Appellee X’s (Defendant’s) Claim
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3.0: High Court Judgment
3.1.0 (High Court Judgment)
3.2.1 (High Court Judgment)
3.2.2 (High Court Judgment)
3.2.3 (High Court Judgment)
3.2.4 (High Court Judgment)
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3.3: Verdict
Subsequently, the original verdict was fair and just, and there are no grounds for appeal in this case, therefore, I hereby dismiss this case and make my ruling as outlined in the Principal Judicial Statement.
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Back Page
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Tokyo High Court, Civil Section 9 |
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Chief Justice |
Fumio Shimoda |
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Judge |
Moto Udagawa |
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Judge Tetsu Adachi has changed posts and therefore cannot sign. |
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Chief Justice |
Fumio Shimoda |
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Justice or Not?
- I think the ultimate discrepancy in the High Court Verdict is that the Judge failed to rule out the fact I was dependent in terms of the DSM-IV-TR (worldwide recognized diagnostic standard) which formed the overall basis for the entire case.
- Although the Judge addressed two of the criteria in tolerance (criteria 1) and withdrawal (criteria 2), albeit without any direct reference to the DSM-IV-TR itself, he completely failed to address the other three that were being claimed – effectively leaving them standing.
The primary language of this website is English. Japanese appears as translations only (except for some original court documents).
These translations have been done by many different translators including me. Therefore, there are differences in quality and styles.
Please understand that I am not native Japanese and subsequently there are parts that may sound unnatural in Japanese.
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(Former) Executive Editor New England Journal of Medicine
“It is more difficult to withdraw people from benzodiazepines than it is from heroin.”
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Institute of Psychiatry London
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March 16, 1999