By Landing Ceesay
Twenty-seven family members of victims of Acute Kidney Injury (AKI) reportedly caused by India-made cough syrup are set to testify in their lawsuit against the government of The Gambia, Maiden Pharmaceutical Company, Medical Control Agency (MCA), Atlantic Pharmaceutical Company, and others.On July 26, 2022, cases of AKI emerged among children in The Gambia. Investigations in Ghana, France, and Switzerland detected Diethylene glycol (DEG) and Ethylene glycol (EG) in medication samples, leading to the removal of numerous pediatric medicines from the market. The affected products, all from Maiden Pharmaceutical Company, were promptly withdrawn.
The Ministry of Health of The Gambia confirmed that at least 70 children died due to the consumption of cough syrup produced by Maiden Pharmaceutical Company in India.In response, 27 families of the AKI victims filed a lawsuit against several entities: Maiden Pharmaceutical Company Limited (1st defendant), Atlantic Pharmaceutical Company Limited (2nd defendant), Medicines Control Agency, The Gambia (3rd defendant), the Ministry of Health (4th defendant), and the Attorney General (5th defendant). These families are seeking damages of 15 million dalasis per child.
When the case resumed for continuation on the 24th of July 2024, the Lead Lawyer representing the families of AKI Victims, Counsel Yassin Senghore, informed the court that they had sent documents to India for media publication as a way to serve Maiden Pharmaceutical Company, but they are yet to receive a newspaper publication from India.
Counsel Senghore said they are still waiting for confirmation of service on the first defendant (Maiden Pharmaceutical Company).
“Considering the time of newspaper publication in India, we can take multiple dates for pre-trial in this matter,” Counsel Senghore suggested to the court.
Counsel Senghore proposed holding a pre-trial meeting with all parties involved in the case before the actual pre-trial begins.
She explained that the purpose of this meeting is for the defendants to identify which documents they will contest and which they will accept.
“We have 19 witnesses in the first one, and 8 witnesses in the second one, all together we have 27 Witnesses. Each of these witnesses would testify on how their children died even though they all died from the same cough Syrup,” Counsel Senghore told the court.
Counsel Senghore stated that she does not anticipate lengthy testimonies from their witnesses, given the nature of the evidence they have. She explained that the witnesses would primarily describe how their children succumbed to the effects of the cough syrup.
“We wanted to call an expert witness, but we already have the government report on the incident. We will rely on that in this trial. The facts in the report are not in dispute. It is agreed that the children died from AKI, and it is also agreed that the children died due to the same medication,” Counsel Senghore told the court.
The Director of Civil Litigation, Counsel Binga, representing the state, informed the court of concerns regarding certain documents the families of the AKI victims intend to present during the trial.
In response, Counsel Senghore advised that these concerns be addressed during the pre-trial meeting.
Hon. Justice Ebrima Jaiteh, the presiding judge, subsequently adjourned the case to October 8, 2024, for the commencement of the pre-trial.