By Landing Ceesay
Hon. Justice Ebrima Jaiteh of the High Court of the Gambia has admitted into evidence a series of medical records, including death certificates and laboratory results, for victims of Acute Kidney Injury (AKI).
Lead counsel for the families affected by AKI, L. Farage, presented the court with death certificates, laboratory findings, child welfare records, and other essential medical documents on behalf of the victims.
AKI cases surfaced in The Gambia on July 26, 2022, affecting children nationwide. Investigations conducted in Ghana, France, and Switzerland revealed the presence of Diethylene Glycol (DEG) and Ethylene Glycol (EG) in samples of medications, leading to the urgent withdrawal of numerous pediatric products from the market. The contaminated medicines, manufactured by Maiden Pharmaceutical Company, were pulled from circulation promptly.
The Ministry of Health in The Gambia confirmed that at least 70 children lost their lives after consuming cough syrups produced by Maiden Pharmaceutical Company in India.
In response, 27 families of AKI victims have filed a lawsuit against multiple defendants, including Maiden Pharmaceutical Company Limited (1st defendant), Atlantic Pharmaceutical Company Limited (2nd defendant), The Gambia’s Medicines Control Agency (3rd defendant), the Ministry of Health (4th defendant), and the Attorney General (5th defendant). Each family is seeking compensation of 15 million dalasis per child
To support their case against Maiden Pharmaceutical and other defendants, the families presented the court with the medical documents of their children.
Counsel Farage indicated that they possess original copies of some documents but have submitted photocopies for others while awaiting the originals, for which notices to produce have been issued.Counsel Farage explained that a foundational basis for the documents had already been laid. If the originals cannot be obtained, the court would be asked to admit secondary copies as evidence.
Justice Jaiteh admitted into evidence the medical records for the following AKI victims: Banna Jatta, Isatou Jobarteh, Muhammad Lamin Kijera, Baboucarr Njie, Sulyaman Fadera, Aminata Dambelleh, Sait Bah, Musa Kamaso, Madeline Mendy, Adama Saidy, Isatou Bangura, Jariatou Jallow, Serigne Fallou Mbye, Fatoumatta Keira, Ismaila Danso, Lamin Sagnia, Muhammad Darboe, Alpha Bubacarr Barry, Muhammad Bajie, Muhammad Fadel Kamara, Bubacarr Badjie, Fatoumatta Bojang, Aisha Darboe, and Omar Daffeh.
The death certificates and other key medical records of these children were officially entered into evidence as exhibits.
These children were tragically killed by contaminated Indian-made syrup imported into The Gambia in 2022.
However, the death certificates and medical records of three additional children who also died from the tainted syrup have yet to be tendered and admitted.
The case was adjourned until November 14, 2024, for further proceedings.