The Tokyo High Court upheld Wednesday a lower court ruling rejecting a compensation suit filed by the parents of a 4-year-old boy who died in 1999 after a cotton candy stick penetrated deep into his brain.
The parents of Shunzo Sugino had argued that Kyorin University Hospital be held responsible for his death and sought ¥90 million in compensation from the institution. The parents indicated they do not intend to appeal the latest court decision, according to their lawyers.
Presiding Judge Katsumi Kobayashi denied any negligence on the part of the physician who treated the boy but failed to detect that the stick had reached his brain.
“Considering the medical standards that were common at that time and judging from how his wounds and consciousness were observed (at the hospital), it was impossible to predict that the stick had penetrated his head and inflicted the damage,” Kobayashi said.
The judge added that the doctor was not obliged to use a CT scan during the treatment.
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