“23. Tracing the medical records available (St. Paul’s Hospital), Mr. Lee had multiple joints pain, especially severe over left shoulder and was associated with stiffness. According to Dr. Wu’s report, his problems at 2005 included:
(i) left shoulder rotator cuff tendonitis;
(ii) osteoarthritis of left hip;
(iii) left ankle swelling that was under investigation.
MRI of left shoulder taken showed Bursal-sided partial tear of supraspinatus tendon, tendinopathy of subscapularis tendon and osteoarthritis of left AC joint. I believe the problems included tendinopathy of left shoulder, OA of hip and OA of ACJ were related to degeneration, and should not be related to the usage of health food supplement. It should be presented for long time before the intake of health food supplement. In sum, Mr. Lee’s problems are typical symptoms of chronic degeneration and had no correlation with the health food supplement claimed to be consumed by Mr. Lee. There is nothing to show that Mr. Lee’s problems are caused or aggravated by consuming the health food supplement.
24. Degeneration occurred because of natural wear and tear process. It progress gradually with time and increase frequency of work. Therefore, Mr. Lee is expected to have further increase in frequency and severity of attack in the corresponding area with time. Such problem is common to those doing office or sedentary work and lacking regular physical exercise.
25. For his right thumb condition, there was no record available to prove his right thumb problem. Though he had complained of pain and stiffness after usage of health food supplement. I agree with Dr. L Mahadevan that it may be caused by hypersensitive or part of his general OA problem. In sum, the alleged thumb problem is not shown to be caused by the health food supplement claimed to be consumed by Mr. Lee. There is nothing to show that the alleged thumb problem is caused or aggravated by consuming the health food supplement.
26. On the day of examination, he had:
(i) left shoulder pain that was classified as mild with no attack on daily activities;
(ii) left ankle edema with no pain, especially after prolonged walking;
(iii) left hip weakness, especially during stairs walking;
(iv) no more back pain;
(v) no more right thumb pain.
27. I believe his left shoulder, left ankle and left hip problems are related to his underlying degenerative changes.”
(底綫後加)
本庭沒有專家証人的証據反駁上述的結論，因此本庭接受上述的評語。