'Dressed-up quackery': Chinese herbalist charged after patient died

By Lucy Cormack

17 August 2018

A Chinese herbal medicine consultant practising "dressed up quackery" has been granted bail, after a female patient he was allegedly treating died earlier this year.

Yun Sen Luo, 52, was arrested at Hornsby police station on Thursday afternoon and charged with manslaughter, more than two months after the death of 56-year-old Chinese national Chaun Ying Xia on June 8. It is alleged Dr Luo advised Ms Xia, who suffered diabetes, to stop taking all medication she was on and instead to only take herbal medicines he prescribed.  

It is alleged Dr Luo advised Ms Xia, who suffered diabetes, to stop taking all medication she was on and instead to only take herbal medicines he prescribed.

The practitioner began treating the 56-year-old shortly after she arrived in Sydney in March.

On Friday Dr Luo was granted bail when he appeared briefly at Hornsby Local Court wearing a blue collared shirt and a navy windjacket. 

When leaving the police station on Friday afternoon he covered his face with a scarf and ran erratically from the waiting media pack. He did not offer any comment.

Dr Luo's arrest came after police from Kur-ing-gai Police Area Command established Strike Force Caffs to investigate the death of Ms Xia and conducted a port-mortem examination.

He will return to Hornsby Local Court on October 12. 

"Insomnia", "pimple", "bitter taste", "infertility", "wind-stroke" and "tennis elbow" are just some of the "diseases/disorders" Dr Luo claims to treat using acupuncture and Chinese herbal medicine on his professional Facebook profile.

"According to the traditional Chinese medicine, the lost balance of Yin & Yang, Qi & Blood, Up & down can cause many disorders and symptoms which we call today as disease," the profile says.

After initially electing not to apply for bail on Friday, Dr Luo's legal representative Patrick Pagin returned to make an application. "Change of heart?" magistrate Daniel Reiss said.

Mr Pagin told the court he had had "an opportunity to discuss some issues" with the prosecution and would seek for the bail application to proceed. Bail was granted, subject to strict conditions.

The conditions include reporting to Castle Hill police station three times a week, surrendering his passport, residing only at a court-approved address in Baulkham Hills and not attempting to contact the victim's family or any prosecution witnesses.

He is also not to practise or attempt to practise, consult, or give advice regarding medical matters.

"In regards to medical matters, it's dressed-up quackery isn't it?" Mr Reiss said.

"Perhaps in one view," the police prosecution responded.

The court heard Dr Luo, originally from China, had been living in Australia for 28 years and was a citizen. He was described as having "strong" community ties.

An online obituary for Ms Xia states that she was an "adored mother and mother-in-law" and a "cherished grandmother", who "passed away peacefully" on June 8.

"Will be sadly missed and forever in our hearts," it said.

A funeral was held for Ms Xia at the Northern Suburbs Memorial Gardens and Crematorium in North Ryde in June.

Dr Luo's registration as a medicine practitioner has been suspended.

In a statement the Chinese Medical Council of NSW confirmed Dr Luo was suspended on June 27.

"Dr Luo remains suspended since that date, but may apply at any time for the suspension order to be lifted."

The council said it could either affirm or vary the suspension order or take other action under the law, such as imposing conditions on registration.

It is also under a duty to consult with the Health Care Complaints Commission in relation to all complaints.

In 2014 Dr Luo was one of 10 Chinese healthcare practitioners to make a submission to the Chinese Medicine Board of Australia's "Consultation on Draft Guidelines for Safe Chinese Herbal Medicine Practice."