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2011: Sang Lan’s Lawsuit

For more than a decade after her accident at the 1998 Goodwill Games, Sang Lan occupied a peculiar place in the public imagination. The seventeen-year-old gymnast who left New York paralyzed became China’s “smiling angel,” celebrated for meeting an unimaginable injury with optimism and resilience. It was a powerful story, but also, as the first article translated below suggests, it was a role that left little room for anger, grievance, or questions about what had actually happened. By 2010, Sang Lan was increasingly willing to ask those questions publicly, even if doing so meant exchanging the image of the “smiling angel” for that of a “troublemaker.”

In 2011, those questions moved into an American courtroom. Sang Lan’s sprawling lawsuit attracted attention partly because of its eye-catching $1.8 billion claim, but the dispute was about considerably more than a dollar figure. It reopened questions about responsibility for her accident, the promises made after it, the long-term protection of an athlete whose career ended on the competition floor, and Sang Lan’s right to challenge the version of her own story that others had told for years.

Sang Lan visits children in Mary’s Hospital in Beijing in May of 2011

2010

“The ‘Dangerous Angel’ Sang Lan”

Southern Weekend, August 26, 2010, reporters: Zhang Zhe, Zhang Dantong

Twelve years. Behind a face that always smiled, the suffering she endured, the grievances she carried, and her anxiety about her financial security inevitably coiled into a knot of frustration. And so she has decided to pursue this transnational lawsuit, seeking economic compensation, but also an accounting.

“They probably see me as a dangerous person now.” Sang Lan sat in her wheelchair, her tone half-joking. It has been exactly twelve years since she was injured at the 1998 Goodwill Games in the United States.

In those twelve years, China’s sports achievements have surged upward alongside GDP. At the Beijing Olympics, the Chinese delegation won 51 gold medals, including the unprecedented women’s gymnastics team gold — roughly the wildest imaginable dream for the athlete Sang Lan of that era. Beneath this sweeping narrative of national triumph, Sang Lan seems so small, carried along by currents not of her making. Her fall once pushed her onto a pedestal. She was packaged into the “smiling angel” known across the country, the most famous disabled person since Zhang Haidi, celebrated over and over for her optimism, strength, and confidence. But in recent years Sang Lan has gradually become a “troublemaker,” attracting sustained criticism across a series of incidents involving her housekeeping aide and her wheelchair. In early August of this year, she posted a rapid series of messages on Weibo expressing numerous grievances and announcing her intention to sue the Goodwill Games organizers and the FIG for causing her injury. No longer as obedient as she once was as a child, she has become what now seems a dangerous troublemaker. “I feel that these twelve years since my injury have felt like twenty-four,” Sang Lan said.

“Someone pulled away the mat; it’s not my fault”

The Chinese delegation quickly held a press conference, essentially classifying the injury as Sang Lan’s “accident,” making no mention of any interference or unsafe conditions.

Sang Lan is twenty-nine years old. Her birthday is June 11. “Reversed, that’s 9/11,” she says with a laugh. For an ordinary city girl, seventeen is when life is just beginning — perhaps a sweet romance still to come. But for Sang Lan, who had been training in gymnastics since the age of five, seventeen was already the “twilight” of a career before retirement.

“The Goodwill Games might have been my last chance.” At the time, Sang Lan held the title of “national elite athlete.” Under the relevant policy, this entitled her to enter Beijing Sport University without an entrance examination. She also understood clearly that a medal at the Goodwill Games would give her a shot at the 1999 World Gymnastics Championships, and a medal there could mean retiring with the status of “international elite athlete.” A gold medal would bring the designation “world champion” — not only improving her post-retirement employment prospects but also potentially opening the doors of Peking University or Tsinghua.

The evening before competition, Sang Lan didn’t notice that the hotel had placed a small piece of chocolate on everyone’s pillow. She sat on it, and it melted entirely onto her clothes. Looking back, she would recall it as a “bad omen.”

Just after six in the evening on July 21, 1998. New York, the Long Island gymnastics arena. Sang Lan chose a simple skill she had performed thousands of times — a handspring with a twist — for warm-up. She completed it successfully the first time, the second time, and decided to do it once more. She did not know that this would probably be the last time in her life she would run, leap, and become airborne.

Her teammate Meng Fei, who had come to compete alongside her and was preparing for the uneven bars about a hundred meters away, suddenly turned and noticed a crowd gathering. “I heard Sang Lan had fallen and hurt herself during warm-up, but the coaches wouldn’t let us go over, afraid it would affect our emotional state before competition, just saying, ‘it’s nothing, it’s nothing,'” Meng Fei recalled. “It was a long time later before I found out she couldn’t stand up.”

Sang Lan’s head struck the mat and bore the full impact; she collapsed and lost consciousness on the spot. Her sixth and seventh cervical vertebrae were dislocated and contused, accompanied by complete spinal cord injury; all sensation below the chest was lost permanently.

At around four in the afternoon on July 22, Sang Lan’s father, Sang Shisheng, received a phone call from the Ningbo Municipal Sports Commission, blandly telling him that “Sang Lan has been hurt” and asking the family to prepare to travel to the United States. This gave Sang Shisheng a jolt of dread. He and his wife recalled that when they arrived in Beijing, officials from the General Administration of Sport said: “Don’t worry, Sang Lan lost consciousness at the time, but there’s no problem now.” They didn’t know whether to believe it or not. “In any case, we were kept completely in the dark,” Sang Shisheng said.

Meng Fei had been Sang Lan’s closest teammate for five years on the national team. The day after the competition, she came to the Nassau Medical Center to visit Sang Lan, and together with the others encouraged her: “You’ll definitely get better.” Sang Lan smiled at them through her tears. The following day, Meng Fei returned to China with the team, and several months later completed her retirement procedures. In part, this was a matter of age, she says, and in part Sang Lan’s injury had some effect on her own thinking. “My parents were scared to death too; they told me to stop training.”

After Sang Lan’s injury, most reporting quoted the then-team leader Zhao Yuxin’s account of the first words Sang Lan said when she regained consciousness: “Can I still train?” But twelve years later, Sang Lan flatly denied this to Southern Weekend. “My first words were: ‘It was him; it was him who pulled away the mat. It’s not my fault, it really isn’t my fault.'”

In fact, since 1999, Sang Lan has stated publicly on multiple occasions that as she built speed in her run-up and reached her maximum velocity, she saw a coach lean forward, preparing to pull away a mat on the floor; the distraction caused a momentary hesitation and a lapse in concentration, resulting in her losing form and landing on her head.

At the time, the Chinese delegation quickly held a press conference, essentially classifying the injury as Sang Lan’s “accident,” making no mention of any interference or unsafe conditions in the environment. The delegation’s statement focused largely on “thanking American friends for their concern and care for Sang Lan” and noting that “Chinese athletes will continue to compete seriously and with full commitment.”

The fragility behind the “angel”

Three catheterizations a day. Laying out the catheter, absorbent pads, sterile gloves, and cloth underlay; each catheterization takes between half an hour and an hour.

When speaking of the man who pulled away the mat — the Romanian coach, for whom Sang Lan uses the word “hate” — she says she hates him so much her teeth grind together.

Over twelve years, this history has grown and fermented within her, impossible to put to rest — even as she was fashioned into a world-famous angel of sunshine. She became the first foreign national to host a lighting ceremony at the Empire State Building in New York. Clinton and Samaranch both sent letters of condolence; Premier Zhu Rongji’s wife Lao An and Chinese Ambassador to the United States Li Zhaoxing came to visit; People magazine named her one of 1998’s heroes, and ABC’s flagship program 20/20 aired a feature on her; she was only the second Chinese figure to appear on the program after Deng Xiaoping. From that point on, Sang Lan was firmly affixed with labels of “strength,” “optimism,” “bravery,” and “sunshine.” The “smiling angel” became a stereotype she could not escape; years later, the moment she began to express any dissatisfaction, people reacted as if they had been deceived, saying in astonishment, “You’ve changed.”

Today, like so many others in wheelchairs, Sang Lan is frequently refused by taxi drivers. The “smiling angel” image gives her little practical help. Those taxi drivers are more concerned about the time lost loading and unloading a wheelchair, or the possibility that it might scratch the paint of their trunk. “Sang Lan is a public figure, but hers is a hollow kind of fame — not much use,” says her manager Huang Jian.

As the halo has gradually faded, what Sang Lan faces every day is first and foremost the minutiae of life — something as basic as using the toilet. Three catheterizations a day. Laying out the catheter, absorbent pads, sterile gloves, and cloth underlay; each catheterization takes between half an hour and an hour. Bowel movement is once every three days, requiring a glycerin suppository and lubricant. Sang Lan’s body is far more “fragile” than most people’s. She is vulnerable to infection, and insists that her aide wash hands with sulfur soap before catheterizing her. When working away from home, her greatest fear is being unable to catheterize for an extended stretch — once during a large-scale CCTV recording, Sang Lan went twelve hours without being able to catheterize. “I got a headache, my blood pressure went up, and even my single eyelids turned into double eyelids.”

Financial matters have become increasingly pressing as well. The General Administration of Sport and the Zhejiang Sports Bureau each paid Sang Lan 200,000 yuan in compensation. Beyond that, she receives only the 1,600 yuan monthly wage that the Zhejiang provincial sports training unit pays her, plus 600 yuan for a housekeeping aide, but her current aide costs 2,700 yuan a month. Sang Shisheng says, “People always assume my daughter is fully covered by the state — car, housing, everything provided. It makes me furious. Where is any of that?”

Sang Lan’s guardian in the United States, an honorary chairman of the Chinese Gymnastics Association, had once promised that his domestic business investments would cover “all of Sang Lan’s future medical, rehabilitation, living, educational, and employment expenses and responsibilities.” But to Sang Lan and Huang Jian’s disappointment, roughly a year after Sang Lan’s return to China, this sponsor gradually withdrew his financial support and before long stopped entirely. “To borrow a phrase from Guo Degang: ‘big talk, small money,'” Huang Jian said.

Fortunately, the vast majority of medical and treatment expenses can be covered by the insurance the Goodwill Games had taken out for athletes at the time, but tuition and living expenses must all be earned by Sang Lan herself. The collective life of the gymnastics team in her childhood, with food and housing provided, seems like something from a dream. When the dream ended, she had to face the harsh truth of life entirely on her own.

After the Xingkong Satellite Television program ended, Sang Lan held a “senior manager” position at Sina, on a contract that ran until this year. In addition, she has written books, developed scripted programs, and participated in various commercial activities. “Honestly, her income is a little better than average,” her manager Huang Jian says, “but what happens next? Can she keep working like this? Looking at her physical condition — never mind what happens when she’s old, even five years from now her health is uncertain.”

Twelve years. Her body is still as slight as it ever was. Whether smiling or filled with hatred, she has never been able to stand again. Worse, significant muscle atrophy has already developed in both her legs.

The troublemaker

After graduating, the grown-up Sang Lan’s public image has increasingly become that of a “troublemaker” and someone who fights for her rights at every turn.

With the help of then-China Disabled Persons’ Federation chairman Deng Pufang, Sang Lan entered Peking University’s School of Journalism and Communication in September 2002. At Peking University, everyone said this young woman “had tremendous grit” — sometimes sitting motionless in her wheelchair for three or four hours at a stretch. Her legs would sometimes spasm and kick forward, or stiffen and tremble. Her close friend Lin Nante says it was painful to watch, but Sang Lan would console her classmates: “It’s fine, let it get some exercise.” In the eyes of Professor Xu Hong at Peking University’s School of Journalism and Communication, Sang Lan’s academic foundations were weak, but she was always “full of spirit.”

After graduating, however, the grown-up Sang Lan’s public image has increasingly become that of a “troublemaker” and someone who fights for her rights at every turn. In September of last year, Sang Lan used her blog to publicly criticize her housekeeping aide Xiao Du, attacking the domestic services industry, and for a time posted the aide’s personal information online, drawing a torrent of criticism in response. In November 2008, after arriving by plane, Sang Lan needed to wait for her wheelchair, causing misunderstanding among passengers waiting to continue on the same aircraft, who loudly accused her of “putting on airs.” Sang Lan has also continued to speak out on various issues — the accessible pathway in her residential compound being blocked, the mismanagement of accessible parking spaces at the Capital Airport, and more.

Many people have been increasingly surprised by the change in Sang Lan’s willingness to advocate for herself. After all, athletes have always been expected to emphasize “discipline.” Sang Lan still remembers that when she was on the national team, the dormitory door had a sign posted: “Do not visit other rooms without permission.” “Is obedience really supposed to be the measure by which we evaluate athletes? What kind of standard is that?” says Sang Lan’s manager Huang Jian.

Some attribute Sang Lan’s various actions to her “putting on airs.” Others suggest that the emergence of disabled torchbearer Jin Jing and paralyzed volleyball player Tang Miao has to some degree eclipsed Sang Lan’s prominence, giving her a “sense of crisis” and emotional imbalance. But sports manager Cui Linna believes Sang Lan is simply a person who acts from feeling — sometimes prickly and blunt, but “without scheming.”

Sang Lan also revealed episodes from the past that were previously unknown: “One year, a Wall Street Journal reporter, through interviews, found out that the place where I was temporarily staying in Beijing was far too modest, and reported that I shouldn’t have been receiving such ‘care.'” The result was that a phone call quickly came to “correct” her: “Why didn’t you tell the truth? We’ve taken such good care of you. How could the foreign media report something so wrong?” She was told to go and criticize the journalist who wrote the piece.

Today Sang Lan complains on Weibo that “the gymnastics team has paid her no attention in twelve years and has never once invited her to their New Year gala.” And corresponding to this, a sports media editor wrote in a column that “someone at the gymnastics center complained to me, ‘This Sang Lan really doesn’t know how to behave; she just wants to cause trouble.'”

“Not a mascot”

A Beijing gymnastics athlete admitted that for a period after Sang Lan’s accident, she had nightmares almost every night.

Even now, Sang Lan emphasizes that she still loves gymnastics — “that bond cannot be severed.” But wanting to go back to the Chinese gymnastics team’s training facilities to take a look is difficult; at minimum, she is not treated as a welcome “mascot.”

Sports manager Cui Linna told Southern Weekend that the sports world — especially high-risk sports — is often deeply superstitious: things like “wear gold, not silver,” or “women are not allowed on the same vehicle as the men’s football team before a match.” After Sang Lan’s injury, a gymnastics team leader complained to CCTV host Ning Xin: “Stop covering Sang Lan — no one will want to do gymnastics anymore.”

A reporter who has followed the gymnastics world for many years says that a Beijing gymnastics athlete admitted that for a period after Sang Lan’s accident, she had nightmares almost every night. “In the gymnastics team, even the words ‘getting injured’ are rarely spoken; people are afraid of giving younger athletes a bad suggestion.” Not speaking of it doesn’t mean it won’t happen. In July 2003, Cameroonian gymnast Alim Hassan struck his head on the floor during a competition, dying of a skull fracture. In July 2004, German gymnast Ronny Ziesmer fell while performing a double back salto on floor exercise, fracturing his cervical spine and suffering a spinal injury that left him fully paralyzed.

“Every day it’s like risking your life — flying through the air, and if you don’t land right, you can’t bear to think about what happens,” says Meng Fei, Sang Lan’s national team teammate. “Every year there are injuries in this world. If you think about it too much, no one would dare train; you can’t fixate on it.”

In June 2007, at China’s National Gymnastics Championships, Zhejiang athlete Wang Yan fell headfirst while performing a double back dismount from the uneven bars, fracturing her cervical spine. She was for a time called “the second Sang Lan,” but fortunately she later recovered well enough to walk upright. After Wang Yan’s injury, national women’s team head coach Lu Shanzhen expressed the hope that gymnastics would not be “sensationalized” one-sidedly: “In any competitive sport, injury is almost unavoidable. Accidents happen in every field; people walking down the street have accidents. Relative to gymnastics, motor racing and skydiving are far more dangerous.”

But as the saying goes, gold medals are won by taking risks. Gymnastics is unquestionably of enormous importance to China. Even though relatively few people practice it, at the Beijing Olympics the Chinese gymnastics team won nine gold medals, accounting for 17.6% of China’s total gold medal haul.

Twelve years. Behind a face that always smiled, the suffering she endured, the grievances she carried, and her anxiety about her financial security inevitably coiled into a knot of frustration. And so she has decided to pursue this lawsuit, seeking economic compensation, but also an accounting. The national gymnastics team made no response whatsoever to Sang Lan’s “lawsuit.” In fact, since February of this year, when the FIG opened its investigation into Chinese age falsification at the 2000 Sydney Olympics, the relationship between the Chinese gymnastics team and the FIG has been in an extremely delicate period, and Sang Lan’s lawsuit will make everything even more complicated.

“危险天使”桑兰

12年,在总是微笑的脸孔背后,她受的苦、她的委屈、她对生活保障的焦虑无可避免地扭成了一个郁闷的心结。于是她要打这样一场跨国官司。要经济赔偿,也要一个说法。“现在他们可能把我当成一个危险人物了。”桑兰坐在轮椅上,带着有些调侃的口吻。距离她在1998年的美国友好运动会受伤,时间已过去了整整十二年。十二年间,中国体育成绩与GDP一起急速向上。北京奥运中国队收获51枚金牌,其中包括前所未有的女子体操团体金牌。这在运动员桑兰的时代,大约是最狂野的梦想。宏大时代之下,桑兰显得如此瘦小而随波逐流。她因摔伤事件一度被推上神坛、被打造成家喻户晓的“微笑天使”,成为张海迪以来最有名的残障人士,人们一遍遍传颂她的乐观、坚强和自信;但近年桑兰却渐渐变成一个“麻烦制造者”,在“保姆门”、“轮椅门”等等事件中饱受非议。今年8月初,她在微博上接连发文,除了表露出诸多不满,也表明她准备将导致自己受伤的友好运动会组织方和国际体操联合会告上法庭。如今,不再像小时候那般听话的她俨然成了一个危险的“麻烦制造者”,“我觉得我受伤这12年,像经过了24年。”桑兰说。“有人撤垫子,不怪我”中国代表团迅速召开新闻发布会,基本认定受伤事件是桑兰的“意外”,并未提及任何干扰或环境不安全因素。桑兰今年29岁。她的生日是6月11日。“倒过来就是9·11”,她笑着说。对于一个城市里的普通女孩,17岁,生活才刚开始,或许,还要一场甜美的爱情。但对于桑兰从5岁就开始练体操,17岁已是退役前的“晚年”。“友好运动会可能是我最后的机会。”桑兰当时算是“国家健将”,按照政策,可以免试去北京体育大学读书,她也清楚,如果能在友好运动会拿到奖牌,她就有可能参加1999年体操世锦赛,如果再拿奖牌,就可以以“国际健将”身份退役。如果夺冠,则可以升至“世界冠军”,不但可以提高退役后谋职的资本,甚至还可以进北大、清华。赛前一天晚上,桑兰没留意,酒店在每个人的枕头上都放了小小的一块巧克力。结果,巧克力被她坐“化”了,全部沾在屁股上。事后她回忆,那是一个“不祥征兆”。1998年7月21日晚上6点刚过,纽约,长岛体操馆。桑兰选择了已完成过千百次的简单动作“手翻转体”来热身,她顺利完成了第一次、第二次,决定再来一次。那时的桑兰不知道,这恐怕是她一生中最后一次奔跑、跳跃和腾空。一同来参加比赛的桑兰队友孟菲,正准备高低杠比赛,大约有100米远。她突然一转头,才发现好多人围住那边。“听说桑兰摔伤了,但那是在赛前,教练不让我们过去,怕有情绪影响比赛成绩,就说‘没事没事’,”孟菲说,“后来很久才知道她站不起来了。”桑兰的头部着地承重,当场倒地休克。她的第六、第七节颈椎错位挫伤,伴随完全性脊椎神经损伤,胸部以下从此失去了知觉。7月22日下午4点左右,桑兰的爸爸桑史盛就接到了宁波市体委的电话,轻描淡写地说,“桑兰受伤了”,让他们准备去美国。这让桑史盛心里一惊。桑史盛夫妇回忆,到北京后,体育总局的领导们说,“放心好了,桑兰当时昏迷,但现在已经没问题了。”他们不知道该信还是不信,“总之我们就被蒙在鼓里。”桑史盛说。孟菲是桑兰在国家队5年朝夕相处的队友。比赛后的第二天,她来到纳苏医疗中心的病房看望桑兰。她和大家一起鼓励桑兰说,“你一定会好起来的。”桑兰含着眼泪对他们笑。隔天,孟菲随队回国,大约几个月后,办理了退役手续。她说,一方面是年龄问题,另一方面桑兰受伤多少有些影响。“我的父母也都担惊受怕起来,让我别练了。”桑兰受伤后,大多数报道引用了当时中国体操队领队赵郁馨的叙述,即桑兰醒来后说的第一句话是:“我还能练吗?”但12年后,桑兰对南方周末记者矢口否认这件事。“我第一句话说的是,‘都是他,都是他撤垫子,不怪我,真的不怪我!’”实际上,自1999年起,桑兰多次公开声称,当她助跑加速,在达到最大速度时发现,有一名教练探身,准备拉动地上的垫子,她受到干扰,才导致瞬间犹豫、注意力分散,最终动作变形。当时,中国代表团迅速召开新闻发布会,基本认定受伤事件是桑兰的“意外”,并未提及任何干扰或环境不安全因素。更多的是,中国代表团“感谢美国朋友对桑兰的关心与照料”以及“中国选手将继续认真投入比赛”。“天使”的脆弱每天要导尿3次,准备好尿管、尿片、无菌手套、垫布,一次导尿要花费半个小时到1个小时。提到撤垫子的人———桑兰口中的罗马尼亚教练,她用的字眼是“恨”———她说她恨得“牙都咬得咯咯响”。12年来,这段历史在她心间生长、发酵,始终难以释怀,即便她被塑造成举世闻名的阳光天使。她成为第一位在纽约帝国大厦主持点灯仪式的外国人。克林顿和萨马兰奇都给她发去了慰问信;朱镕基总理夫人劳安和中国驻美大使李肇星等政要也纷纷前往看望;美国《人物》杂志将她评选为1998年度英雄,ABC电视台著名栏目《20/20》播发了桑兰专题片,这是继邓小平之后第二个出现于该栏目的中国新闻人物……那时起,桑兰被紧紧地贴上了“坚强”、“乐观”、“勇敢”、“阳光”等一系列标签,“微笑天使”成为她难以改变的刻板印象;若干年后,一旦她开始表露任何不满,总会有人如同“受骗了”一般,惊讶地说,你变了!如今,就像其他很多轮椅上的人一样,桑兰打出租车时连连被拒载。“微笑天使”的面孔没给她太多帮助,那些出租车司机更在意的是搬卸轮椅耽误的功夫,或者轮椅可能把后备箱的油漆磕掉。“桑兰是个名人,可她的名是虚名,没什么用。”桑兰的经纪人黄健说。当光环渐渐褪去,桑兰更多要应对的,首先是生活的琐屑。比如最基本的上厕所。每天要导尿3次,准备好尿管、尿片、无菌手套、垫布,一次导尿要花费半个小时到1个小时。大便则是3天一次,还要用开塞露、润滑油。桑兰的身体比别人“脆弱”得多。她怕感染,所以要求保姆帮她导尿时必须用硫磺皂洗手;在外面工作时,则最怕长时间憋尿———有一次中央电视台录制大型节目,桑兰一连12个小时没有办法导尿。“头也疼了,血压也高了,本来单眼皮都会变成双眼皮了。”财务问题同样变得日渐现实而棘手。国家体育总局和浙江体育局各赔付了桑兰20万元。除此之外,就只有浙江体工队为桑兰支付的每月1600元工资,另加600元保姆费。可是,桑兰目前聘用的保姆,每个月就要2700元。桑史盛说:“别人总以为我女儿是国家全包了,车子房子也发,我气都气死了!哪里有嘛?”桑兰在美国的监护人、中国体操协会某名誉主席曾经承诺,她在国内的投资企业将承担“桑兰今后的医疗、康复、生活、教育和就业的一切费用和责任”。但让桑兰和黄健失望的是,资助人在桑兰回国大约一年以后,就渐渐撤出了为桑兰支付的费用,很快,就完全不再资助。“套用郭德纲的话就是,‘说大话,使小钱’。”黄健说。好在医药和诊疗的费用绝大部分可以由当年友好运动会为运动员上的保险来支付,但学费、生活费,则统统要靠她自己来赚取。小时候在体操队衣食无忧的集体生活,像是在梦里。梦醒了,她必须独自面对残酷的生活真相。在结束星空卫视的电视节目后,桑兰还在新浪网做过“高级经理”,合同一直到今年到期。此外,她还写书、策划情景剧,也参加各种商业活动。“坦白说,收入比一般人好一点,”经纪人黄健说,“但以后怎么办?她还能这么工作么?看她的身体状况,别说老了怎么办,5年以后她的身体都不好说。”12年,没变的是她依然瘦瘦的身体。微笑也好,痛恨也好,她始终没能再站起来。更糟的是,她双腿的肌肉已经出现明显萎缩。麻烦制造者毕业后,长大了的桑兰的公众形象却越来越多地变成了一个“麻烦制造者”和处处维护自己权益的较真者。回国后,在当时的残联主席邓朴方帮助下,2002年9月,桑兰进入北京大学新闻与传播学院。在北大,所有人都说这个小姑娘“很能吃苦”,有时连续三四个小时坐在轮椅上一动不动。她的腿会因为抽筋向前踢,会直直地挺立在那里,抽搐。好友林楠特说,看起来让人心疼,但桑兰自己还安慰同学们说,“没事,让它运动运动挺好”。在北大新闻与传播学院徐泓教授的眼里,桑兰虽然学习基础较差,但总是“精神饱满”。毕业后,长大了的桑兰的公众形象却越来越多地变成了一个“麻烦制造者”和处处维护自己权益的较真者。去年9月,桑兰曾经在博客中谴责自己的保姆小杜,批评家政行业,并一度把保姆的私人信息公布在网上,引来了汹涌的批评声;2008年11月,桑兰乘坐飞机抵达后,需要等候自己的轮椅,引起了等候继续乘坐同一架飞机的乘客误会,大骂她“耍大牌”。桑兰也坚持发出各种批评,比如,自己家小区的无障碍通道被占用、首都机场的无障碍停车位管理失当,等等。很多人越来越惊讶于桑兰主动维权的变化,毕竟之前,运动员总被强调“纪律性”。桑兰也记得,她在国家队时,宿舍门上贴着“请勿串门”。“听话不听话难道应该是评价运动员的标准吗?这是什么标准?”桑兰的经纪人黄健说。有人把桑兰的种种举措归咎于她“耍大牌”,也有人认为,残疾人火炬手金晶和男排伤残运动员汤淼的出现,在一定程度上遮盖了桑兰的锋芒,让桑兰有“危机感”而心理失衡。但体育经纪人崔琳娜认为,桑兰就是性情中人,虽然有时候会“挑刺”,性格比较直,“没什么心机”。桑兰还爆出了当年一些不为人知的往事:“有一年《华尔街日报》通过采访得知我在北京暂住的地方条件太简陋,报道称我不该被得到这样的‘照顾’。”结果很快就有电话来“教训”她,“你怎么不如实说啊,我们都对你照顾得很好啊,国外媒体怎么瞎报道”,还让她去指责这个记者。如今桑兰在微博里抱怨“体操队12年来对她不闻不问,每年的体操队春晚都没人邀请她参加”。而与之对应的,一位体育媒体编辑撰文透露,“体操中心有人对我埋怨说,‘这个桑兰忒不懂事,想搞事’。”“不是一个吉祥物”北京队的一名体操运动员承认,桑兰事件后一段时间,自己几乎天天做噩梦,“体操队里,‘受伤’二个字都很少有人提,就怕对小队员有不好的暗示。”即便到现在,桑兰强调她仍然热爱体操,“那份感情割舍不了”。但想要回中国体操队的场馆去看看很难,她至少不是一个“吉祥物”。体育经纪人崔琳娜告诉南方周末记者,体育圈,尤其是那些高危行业常常很迷信,比如“戴金不带银”,比如男足出征前不许女人上同一辆车等。桑兰受伤后,有体操队的领导曾经跟中央电视台主持人宁辛抱怨,“你们别再报桑兰了,都没人练体操了。”一位长期从事体操行业报道的记者说,北京队的一名体操运动员承认,桑兰事件后一段时间,自己几乎天天做噩梦,“体操队里,‘受伤’二个字都很少有人提,就怕对小队员有不好的暗示。”不提起不代表不会发生。2003年7月,喀麦隆体操选手阿里姆·哈桑在比赛中头部着地,颅骨骨折后不治身亡;2004年7月,德国体操运动员鲁尼·茨梅尔在进行自由操空翻两周时摔落,颈椎骨断裂、脊柱损伤,最终全身瘫痪……“每天都玩命似的,飞来飞去,落地落不好会什么样,不敢想,”桑兰的国家队队友孟菲说,“这个圈里每年都有受伤的,想多了谁也不敢练,不能钻牛角尖。”2007年6月,中国全国体操锦标赛上,浙江队选手王燕做高低杠“后屈两周下”时头部朝下摔落,颈椎骨折,一度被人们称作“桑兰第二”,但幸运的是她后来恢复较好,能够直立行走。国家体操女队主教练陆善真事后谈王燕受伤时,曾表示希望不要片面地把体操“恐怖化”,“只要是竞技运动,就很难避免伤病。意外在哪个领域都会发生,人走路,也会有意外。相对体操,赛车和跳伞更危险。”但所谓“金牌险中求”。体操对于中国来说,无疑是非常重要的,因为尽管练的人并不多,但在北京奥运中,中国体操队收获9枚金牌,占金牌总数的17.6%。12年,在总是微笑的脸孔背后,她受的苦、她的委屈、她对生活保障的焦虑无可避免地扭成了一个郁闷的心结。于是她要打这样一场官司。要经济赔偿,也要一个说法。国家体操队并未对桑兰的“官司”作出任何回应。实际上,自从今年2月,国际体操联合会调查中国队在2000年悉尼奥运会年龄作假事件后,中国体操队与国际体联的关系正处在非常微妙的时期,桑兰的官司将使一切更加复杂。

2011

“Sang Lan’s Lawsuit: What Is She Really After?”

May 14, 2011, Xinhuanet

Injured abroad in 1998, seeking damages across borders in 2011

Event recap

In July 1998, the 4th Goodwill Games were held in New York. On the evening of July 21 local time, as the vault competition was about to begin at the Long Island gymnastics venue, Chinese gymnast Sang Lan suffered an accident during pre-competition warm-ups on her third attempt at a handspring with a twist; she landed on her head and collapsed. Chinese coaches and medical staff at the scene immediately administered first aid and transported her to Nassau Medical Center. She was diagnosed with dislocation and contusion of the sixth and seventh cervical vertebrae, accompanied by nerve tissue damage that could result in paralysis. After treatment, the cervical dislocation was partially reduced, and some upper limb mobility was restored, but she lost sensation below the chest, leaving her with high-level paraplegia. In May 1999, after nearly a year of treatment and rehabilitation in the United States, Sang Lan returned to China to continue rehabilitation in Beijing.

A single lawsuit has thrust Sang Lan — now approaching thirty — back into the center of public controversy.

In late April, Sang Lan retained a legal team in the United States and filed suit in the U.S. District Court for the Southern District of New York, seeking redress for the injury she sustained at the Goodwill Games. The defendants include five organizations, including USA Gymnastics, Goodwill Games founder and former Time Warner vice chairman Ted Turner, and the married couple Liu Guosheng and Xie Xiaohong, who served as her guardians in the United States after the accident. The total damages sought amount to $1.8 billion.

The case immediately attracted widespread attention. Why is Sang Lan raising this matter again, thirteen years later? Is this belated action genuine rights-seeking, or is it a publicity stunt?


The $1.8 billion claim: seeking justice, or “impure motives”?

In a series of Weibo posts, Sang Lan wrote that the Goodwill Games organizing committee had never concerned itself with her life after she returned to China injured — “their stance was clearly that it had nothing to do with them.” “At the time I was seventeen, in a foreign country, and had no choice but to accept being wronged.” “Now I have the ability to protect myself.” Her posts conveyed an intent to get answers.

Yet her high-profile pursuit of justice has drawn her into controversy again. Some expressed support, while many others raised objections. The staggering $1.8 billion figure struck many as excessive; some commenters called her motives “impure,” and the thirteen-year delay made it hard for critics to dismiss accusations of “grandstanding.”

Her attorney Hai Ming explained that the $1.8 billion figure “cannot be taken at face value.” “We have eighteen counts, claiming $100 million per count. Under American law, it’s better to file more counts, which can then be eliminated one by one.” The total, he said, is simply “symbolic of the severity of the plaintiff’s suffering.”


Suing her American guardians: a principled fight, or “biting the hand that fed her”?

Another deeply contested aspect of the case is that the defendants include Liu Guosheng and Xie Xiaohong, the couple who served as her guardians in America after her injury. This has added a moral dimension to the civil suit, and some netizens have accused Sang Lan of ingratitude. Both sides say they feel wronged. According to the claims, the Lius failed to fulfill their duty to protect the interests of Sang Lan, who was only seventeen at the time, and additionally engaged in improper financial gain and invasion of privacy. The couple pushed back against these allegations on their blog. Their attorney responded that evidence would need to be produced in court, but noted that “Sang Lan’s 22-page complaint contains little in the way of evidence.” He also said that because the statute of limitations may have expired, all eighteen counts could potentially be dismissed.

Sang Lan wrote on Weibo: “There was resistance then, and there is still resistance now.” She described the lawsuit as a complex personal rights case and said, “I will see it through with courage.”


A high-profile lawsuit thirteen years on: awakened awareness, or self-promotion?

Before convincing evidence is made public, both sides in this high-profile celebrity case are standing by their own accounts. After thirteen years, reconstructing the full truth of what happened is genuinely difficult.

Many of Sang Lan’s supporters argue that her suit against the Goodwill Games organizing committee “is in fact progress in citizens’ rights advocacy and an awakening of legal consciousness among athletes.” Yi Jiandong, vice president of Jiangxi University of Finance and Economics and a sports sociologist, said that while Sang Lan’s approach may be open to debate, if she believes her legitimate rights were not upheld during her post-injury treatment, she is certainly entitled to seek redress.

It has been reported that the organizers of the Goodwill Games purchased $10 million in medical care insurance for participating athletes. But according to Sang Lan’s attorney, the American insurer did not honor the policy’s requirement to cover her lifelong medical care. For thirteen years, the insurer refused to cover costs outside the United States, citing a provision limiting coverage to American territory. For much of the time since, Sang Lan’s living expenses were sustained by a Sang Lan Foundation established by local overseas Chinese communities.

Back in China, when Sang Lan was injured, there was no event insurance for athletes. After the State Sports General Administration and the Zhejiang Provincial Sports Bureau each paid a one-time 200,000-yuan settlement, she was formally severed from the national gymnastics team. The Zhejiang bureau paid her a monthly wage of 1,600 yuan plus 600 yuan for a home aide — clearly insufficient to cover her living expenses and the high cost of ongoing rehabilitation.


Inadequate protections for injured athletes: a governmental responsibility, or a systemic problem?

As people assess who is in the right and who is in the wrong in this lawsuit, the more important question is whether China’s sports system and management practices have gaps and deficiencies in providing medical and livelihood protections to disabled athletes.

Yi Jiandong noted that when Sang Lan was injured, China’s athlete welfare system was still very underdeveloped, and “because she was injured in the United States, responsibility for what happened to her after returning home was not clearly defined.” He also observed, however, that Sang Lan’s accident in large measure pushed forward the establishment of systems for disabled athlete medical care and livelihood protection. After the incident, the State Sports General Administration required all sports teams to purchase accident insurance for their members, and the national team additionally purchased a supplemental policy for each athlete. This, to a degree, helped initiate China’s athlete insurance system.

Sang Lan’s Weibo posts drew hundreds upon hundreds of comments, including words of recognition from other athletes who had themselves been injured. “Win or lose, the symbolic significance of Sang Lan’s rights advocacy outweighs its practical significance,” Yi Jiandong said. “This is respect for the value of an individual life, and it shows that rights consciousness within Chinese sports is continuously growing.”


Archived here.

桑兰打官司,到底图个啥?
2011-05-14 07:21:34
1998年异国受伤,2011年跨国索赔
 桑兰打官司,到底图个啥?
    事件回放
    1998年7月,第四届友好运动会在美国纽约举行。当地时间7月21日晚,长岛体操馆即将进行跳马比赛,在赛前热身训练中,中国运动员桑兰在第三遍做“手翻转体”动作时发生意外,头顶着地,倒地不起。场边的中国教练员和救护人员马上进行急救,并将她送往纳苏医疗中心。经诊断,桑兰的第六、第七节颈椎错位挫伤,并伴随神经组织损伤,可能导致瘫痪。经过诊治,桑兰颈椎错位部分已复位成功,上肢活动能力有所好转,但胸部以下失去知觉,造成高位截瘫。1999年5月,在美国经过近一年的治疗康复后,桑兰回到祖国,在北京继续接受康复治疗和康复训练。
    一纸“维权”诉状将已近而立之年的桑兰再次推到了舆论的风口浪尖。
    4月底,桑兰委托其在美国的律师团,向美国纽约南区联邦地方法院提起诉讼,要为其在友好运动会上的受伤事件讨个说法。起诉对象包括美国体操协会在内的5个机构、友好运动会创始人前时代华纳副董事长泰德·特纳,以及她受伤后在美的监护人刘国生、谢晓虹夫妇,索赔金额高达18亿美元。
    此事一出,立即引起广泛关注。13年后,桑兰缘何旧事重提?这场迟来的发难究竟是“维权”还是炒作?


 18亿美元天价索赔
    是讨个说法还是“动机不纯”
    在一系列微博中,桑兰如此写道,友好运动会组委会从未关注过她受伤回国后的生活,“显然摆出的姿态就是与他们无关”,“当时我17岁,身处异国不得不吃亏”,“现在我有能力保护自己”。在微博中,她流露出讨说法的意图。
    然而,高调“维权”却使桑兰再陷舆论漩涡,有人表示支持,也有不少人提出异议。高达18亿美元的索赔金额令人瞠目,有网友因此评价她此举“动机不纯”,“13年后才发声”难避“炒作之嫌”。
    负责桑兰诉讼的律师海明解释说,18亿美元的赔偿金“不能单从字面上理解”。“我们的18项控诉,每一项告1亿美元,按照美国法律,告的项目越多越好,然后会一项项选择删除”,索赔金额只是“象征原告伤痛的严重性”。
    起诉在美监护人夫妇
    是据理力争还是“恩将仇报”
    整个事件另一个备受争议的焦点在于,桑兰起诉的对象中包括其受伤后在美的监护人刘国生、谢晓虹夫妇,为这场民事诉讼案又贴上了道德的“标签”,桑兰也因此被部分网友认为“恩将仇报”。对此,原、被告双方都表示委屈。据了解,刘、谢夫妇被指并未履行应尽责任,为当时只有17岁的桑兰争取权益,同时,还存在不当得利、侵犯隐私等行为。对此说法,他们在博客中给予回击。其代理律师则回应称,在法庭上要拿出证据,“但是桑兰22页的起诉状都没有什么证据”。他还表示,由于已经超过了追诉时效,这件案子的18项诉讼有可能会被撤掉。
    桑兰则在微博中表示,“(阻力)当时有,现在仍然有”,这场官司只是个复杂的个人维权案,“我一定会勇敢地走下去”。

13年后高调打官司
    是意识觉醒还是“自我炒作”
    这场备受关注的名人官司在令人信服的证据公布之前,双方各执一词。13年过去了,要还原当初事件的真相有一定难度。
    很多支持桑兰的网友表示,桑兰状告友好运动会组委会的事件其实“是公民维权的进步,也是运动员法律意识的觉醒”。江西财经大学副校长、体育社会学者易剑东认为,桑兰的做法也许有值得商榷之处,但如果她认为自己在伤后的后续治疗阶段没有取得合法权益,当然有权为自己维权。
    据了解,当年友好运动会的组织者为与会运动员保了1000万美元的医疗看护保险。但是据桑兰的代理律师介绍,美国的保险公司并没有按照保险条约,负责桑兰的终身医疗看护,13年来,保险公司以只负责在美国的医疗保险为由,拒绝承担美国以外地区的医疗看护费用。桑兰后来很长时间的生活都是依靠当地华人华侨成立的桑兰基金会维持。
    而在国内,桑兰受伤时,运动员还没有赛事保险。国家体育总局和浙江省体育局一次性各付了20万元补偿金后,她便与国家体操队脱离了关系。浙江省体育局每月支付给她1600元工资和600元保姆费,这显然并不足以支付她的生活费用和高昂的康复费用。

伤残运动员保障乏力
    是政府之责还是体制之困
    对于这场诉讼,人们在评判双方孰是孰非的同时,更应追问的是,中国的体育制度和管理方法对于伤残运动员群体的医疗与生活保障,是否存在漏洞与不足?
    易剑东表示,桑兰受伤时,我国关于运动员保障的制度还很不完善,“她是在美国受的伤,对于她回国后的后续问题责任并不明确”。但他同时指出,桑兰受伤的事在很大意义上推进了运动员伤残医疗与生活保障方面相关制度的建立。事故发生后,国家体育总局要求各运动队给队员购买意外保险,而国家队也给每个队员追加了一份保险。这在一定程度上推动了我国运动员保险制度的初建。
    桑兰的微博中有成百上千条留言,其中不乏同为运动员且同是受伤者的感叹。“胜诉与否,桑兰‘维权’这一做法的象征意义大过其实际意义”,易剑东说,“这是对个人生命价值的尊重,也证明了中国体育界的维权意识在不断提升。”

Sang Lan’s Rights Case Achieves Complete Vindication; American Parties Apologize and Pay Compensation

Nanguo Morning News (Southern China Morning News), July 13, 2011

Sang Lan’s legal battle reached a major breakthrough on July 12 (Beijing time). Sang Lan, her agent Huang Jian, and her attorney Hai Ming announced that on that day, following a three-hour closed-door meeting, Sang Lan and representatives of USA Gymnastics and three American insurance companies signed a settlement agreement. Under the agreement, the insurance companies’ $10 million payout was supplemented by coverage of Sang Lan’s medical expenses in China, and an investigation acknowledged that Sang Lan’s 1998 injury was not caused by any fault of her own, but by external factors. “This has been put in writing, and it represents Sang Lan’s complete vindication.” Huang Jian appeared visibly moved by the development, and stated that no further lawsuits would be filed against the direct third parties involved in Sang Lan’s injury. As for the compensation amount, Sang Lan’s team indicated they had signed a confidentiality agreement and could not disclose the figure.

The Compensation Amount Is Confidential

Attorney Hai Ming characterized the settlement as a breakthrough victory. “The principal defendants in this case were USA Gymnastics and three insurance companies, and today they all sent their responsible parties and attorneys.” Since the case was filed on April 28, Hai Ming had been conducting private negotiations with the American defendants, and he noted that the outcome was not the product of that single three-hour session — “Sang Lan came, and we finished the job.”

“We got everything we wanted,” Sang Lan said of the result, expressing complete satisfaction. “I wouldn’t have signed if I weren’t satisfied.” Under the agreement, the insurance companies will not only cover Sang Lan’s medical expenses in China but will also provide a certain financial subsidy. “This constitutes a guarantee — and it is a lifetime guarantee. As long as Sang Lan is alive, this agreement remains in effect.” The medical coverage in China encompasses not only the treatment required for her rehabilitation but also other medical costs, including those unrelated to her spinal injury.

Sang Lan’s team declined to disclose the specific figures. “Because confidentiality is required,” Hai Ming said. “I cannot say how much Sang Lan received today, nor how much she will continue to receive in the future. That is Sang Lan’s private matter. As for confidentiality agreements: any lawsuit of consequence, where the defendant’s reputation is at stake, will typically require that compensation amounts remain confidential.” Huang Jian put it simply: “From now on, Sang Lan has nothing to worry about for the rest of her life.”

Investigation Finds Sang Lan Was Not at Fault

Of greater significance to Sang Lan personally was the acknowledgment embedded in the settlement: USA Gymnastics and the three companies that had insured the Goodwill Games confirmed that after Sang Lan’s 1998 injury, they conducted a thorough investigation, and the results showed that her injury was not the result of her own error and was not her responsibility. “This has been put in writing, and it represents Sang Lan’s complete vindication.” The result visibly moved Huang Jian as well.

“From the beginning of this lawsuit, Sang Lan made clear that her primary goal was not the money; it was to vindicate her rights and recover the truth. And what the investigation found is exactly the truth she was seeking: for 13 years she has been carrying the burden of blame, with people saying she fell because of poor technique, that it was her own fault.” Hai Ming described this as the outcome that satisfies Sang Lan most.

“Today’s meeting went smoothly. The other side came with a cooperative and amicable attitude, which was a relief. I feel much lighter and very happy.” Sang Lan had long been troubled by the question of what caused her fall and injury. “There has been a lot of speculation online saying the fall was my own mistake. Today, at last, we have an answer that carries legal force.”

Third-Party Litigation to Be Dropped

Having signed the agreement, Sang Lan indicated she would not pursue further action against the direct third parties responsible for her 1998 injury. What constitutes a “direct third party”? Huang Jian explained to reporters: “It is a legal term referring to the immediate agents of the cause of Sang Lan’s injury.” Having obtained the compensation and investigation results she sought, Sang Lan did not want to draw third parties further into the matter. “I don’t want to cause unnecessary embarrassment or trouble for people who weren’t directly involved in our lawsuit.”

“In truth, the Chinese Gymnastics Association bears some responsibility, as does the coach at the time, and the Romanian coach who removed the mat also bears responsibility,” Hai Ming said. “But we’re not going to force the insurance company to identify the truly responsible parties and put people in an awkward position, make people lose face. You can’t ask USA Gymnastics to come out and say the responsibility lies with the Chinese Gymnastics Association and the Romanian Gymnastics Association. That would get very complicated.”

Having achieved this breakthrough, Sang Lan decided to continue in her role as a “bridge of Sino-American friendship.” “Sang Lan has a special identity; she is a go-between for Sino-American goodwill. When she was injured, the Americans treated her exceptionally well. That was true 13 years ago, and it remains true today,” Hai Ming said. “In fact, the statute of limitations with USA Gymnastics and the insurance companies had already passed — they could have simply turned us away. But in a spirit of friendship and cooperation, we still got what we wanted. The current guarantee agreement is fully robust. She need not worry about anything anymore.”

The Rights Battle Is Not Over

That said, the settlement does not mark the end of Sang Lan’s legal proceedings. She indicated that her lawsuits against Mo Hu, the Liu-Xie couple, and 15 online users would continue and would not be withdrawn. “At this point, Sang Lan doesn’t even want to settle with them,” Hai Ming said. “These are things Sang Lan was always entitled to. She didn’t get them for 13 years. Now let us ask: why are we getting today what we should have gotten 13 years ago?”

Thirteen years ago, when the matter was still within the statute of limitations, it would have been easier to obtain, so why wasn’t it pursued? This was a question Sang Lan kept raising on the 12th. “Mo Hu is demanding the case be dismissed on the grounds that the statute of limitations has expired, but he hasn’t denied that the events occurred. As for the expired claims, I think their failure to act reflects an incomplete understanding of the law. Everything that has expired, I’ve already dropped. What remains are claims that haven’t expired.” Hai Ming expressed confidence about the remaining litigation: “His motion has a 0% chance of success. I have 99.999% confidence in my amended motion.”

Through her negotiations with the insurance companies, Sang Lan also came to believe that the Liu-Xie couple had deceived her in numerous respects over the years, including concealing information about medical expense reimbursements. “In the past, I believed whatever others told me and didn’t think for myself. Talking with the insurance company today brought many new issues to light.”

Sang Lan’s lawsuit against Mo Hu and others encompasses 12 counts, including illicit enrichment, misappropriation of Sang Lan Foundation assets, defamation, malicious injury, invasion of privacy, and breach of contract. Huang Jian revealed that before coming to the United States, they had gathered new evidence of a quite unexpected nature.

天价维权案桑兰获彻底平反 美国方面均道歉赔偿

天价维权案桑兰获彻底平反 美国方面均道歉赔偿
南国早报
《南国早报》官方账号

桑兰维权案件在北京时间7月12日有了重大突破,桑兰和经纪人黄健、代理律师海明宣布,当天桑兰与美国体操协会以及美方三家保险公司的代表,经过3小时的闭门会议之后,双方签署了和解协议。协议中规定,保险公司理赔的1000万美元增加了中国的医疗费用赔付,并通过调查承认1998年桑兰的受伤完全不是她自身所造成的,而是存在外界原因。“这个已经写入文件,也是对桑兰的彻底‘平反’。”对于这项进展,黄健显得相当激动,并表示不会再对桑兰手上的直接第三方进行控告。不过对于赔偿的金额,桑兰方表示已经签署了保密协议,不方便透露。
对赔偿金额保密
对于这次和解,律师海明认为,这是一个突破性的胜利。“这个案子的主要诉讼对象,就是美国体操协会和三家保险公司,今天他们都派了负责人和律师过来。”自从4月28日立案以来,海明就一直在私下与美国几位被告进行沟通谈判,海明认为这次的结果并不是当天3个小时达成的,“只是桑兰来了,我们彻底把它搞定了”。
“我们想得到的都得到了。”桑兰在谈到此结果的时候,表示相当满意,“不满意也不会签字。”协议中规定,保险公司不仅将负担桑兰在中国的医疗费用,在金钱上也给予了一定补助。“这算是得到了保障,而这个保障是终生都有效的,只要桑兰在世,这个协议就一直有效。”这项在中国的医疗费用,不仅仅包括桑兰康复所需要的治疗,还包括其他医疗上的补助,哪怕不是因为脊椎问题出现的医疗费用,也包括在内。
而对于补助的具体数字,桑兰方不愿意透露。“因为是要保密的。”海明说,“我不能讲桑兰今天得到了多少钱,更不能讲将来会继续得到多少钱,这是桑兰的隐私。至于保密协议,凡是有影响的官司,又影响到面子的被告都会要求对赔偿保密。”而黄健的一句话,足以说明一切:“现在,桑兰的后半生顾虑没了。”
调查责任不在桑兰
而这次和解对于桑兰更重要的意义在于,美国体操协会和三家为友好运动会提供保险的公司承认,在1998年桑兰受伤之后,他们做了一次详细的调查,结果表示当时桑兰受伤并非自己的失误,不是她的责任。“这个已经写入文件,也是对桑兰的彻底‘平反’。”这样的结果让黄健也相当激动。
“桑兰一开始打这个官司就表示,她的目的最重要的并不是拿多少钱,主要目的是维权,找回真相。而根据这次调查结果显示,桑兰要找的真相就是,13年来她一直背着这个黑锅,说摔下来是她自己技术不精,是自己的责任。”海明表示,这是如今让桑兰最满意的结果。
“今天见面洽谈很顺利,对方也抱着友好的心态,来跟我们沟通交流,对我来说喘了一口气,心里舒畅了很多,也很高兴。”之前桑兰对于摔倒受伤的原因一直耿耿于怀,“网上对我受伤有很多质疑,说是我自己失手,今天终于得到有法律效应的解答。”
撤销对第三方诉讼
签署了此份协议之后,桑兰表示将不会再对1998年桑兰受伤的直接第三方进行控告。何为“直接第三方”?对此黄健向记者解释:“这是法学名词,即造成桑兰受伤原因的直接对象。”得到了想要的赔偿与调查结果,桑兰不想再把第三方牵扯进来,“不想给第三方没有涉及到我们官司的人,造成一些脸面上的不好看和麻烦。”
“其实中国体操协会就有责任,当时的教练也有责任,罗马尼亚的教练撤垫子,也有责任。”海明说,“我们也不强迫他(保险公司)揪出真正的责任方来,让人家为难,让人家面子过不去。你不能让美国体操协会提出说这个责任是中国体操协会和罗马尼亚体操协会,要是那样就很复杂了。”
得到这样突破性的结果,桑兰决定继续维持“中美友好的桥梁”。“桑兰有个特殊的身份,中美友好的中间人,当时受伤的时候美国人就对她特别好。13年前是,今天依然是。”海明说,“其实与美国体操协会和保险公司已经过了诉讼期,他们完全可以给你惩罚,但本着友好的大家合作的态度,我们想要的还都要到的,目前的保障协议已经完全具有力度,她不会再担心什么问题了。”
维权之路并未结束
不过,得到这次和解之后,桑兰的维权官司并未结束。桑兰表示,对于莫虎、刘谢夫妇以及15名网友的诉讼,还将进行,不会撤诉。“现在桑兰连和解都不愿意了。”海明说,“其实这些是桑兰本来就应该得到的,过去13年来该有的没拿到,现在让我们想一想,为什么今天得到的,13年前没有?”
13年前在诉讼期之内的时候,可以更容易要到,为什么不要?这是桑兰12日一直提出的问题。“莫虎要求撤案就是诉讼期过了,却不否认发生。诉讼期过了,我想是他们对法律的了解不清楚,过了期的我都撤了,留下的都是没过的。”对于接下来的诉讼,海明表示相当自信,“他的动议成功率是0,我对修改动议有99.999%的信心”
而通过与保险公司的沟通,桑兰认为当年刘谢夫妇在很多方面都欺骗了她,包括对于医疗费用报销的隐瞒。“以前别人说什么都信,不会思考,今天与保险公司谈,又出来了很多新的问题。”
桑兰对莫虎等人的诉讼,包括非法致富、侵吞桑兰基金财产、诽谤、恶意伤人、侵犯隐私、违约等12项指控。黄健透露,在来美之前又收集到了新的证据,相当意想不到。

Translator’s note: This article reflects the claims, statements, and allegations made by Sang Lan, Huang Jian, and attorney Hai Ming in July 2011.

Sang Lan Reaches Settlement with USA Gymnastics; Lawyer Says Her Future Is Secure

Published: July 13, 2011

Source: Beijing Times

Beijing Times (Reporter Pan Tianshu) — Sang Lan, together with her attorney Ha Ming and her agent Huang Jian, held a press conference in New York yesterday announcing that she had reached a settlement with USA Gymnastics and its related insurance company.

Sang Lan stated that she had reached a confidential settlement agreement with the other party. Her agent Huang Jian revealed, “This is an agreement that satisfies everyone. Sang Lan will have no worries for the rest of her life.”

At present, the remaining defendants in the Sang Lan case are her former guardians in the United States, Liu Guosheng and Xie Xiaohong, attorney Mo Hu, and 15 unnamed internet users whose real identities have not yet been determined.

桑兰与美国体操协会和解 律师称其后半生已无忧
发布时间:2011年07月13日 08:37 | 进入复兴论坛 | 来源:京华时报

本报讯(记者潘天舒)桑兰昨天和她的代理律师海明、经纪人黄健一同在纽约出席新闻发布会,宣布与美国体操协会及其相关保险公司达成和解。
  桑兰称已与对方达成一份保密和解协议。经纪人黄健透露:“这是一份让大家都满意的协议,桑兰的后半生无忧了。”目前桑兰案的被告方只剩下了当年她在美国的监护人刘国生和谢晓虹夫妇、莫虎律师,以及15名尚未写上具体姓名的网友。

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