By Landing Ceesay
The Gambian government has yet to reach an agreement with the families of victims of Acute Kidney Injury (AKI) on an out-of-court settlement, according to a recent court hearing.
Representing the government, Senior State Counsel Binga informed the court that they are still considering the settlement offer and requested additional time until February 26, 2024, to finalize their decision.
“My lord, we had discussions with counsels of the plaintiffs (Families of AKI Victims) and we asked for time to get back to them. But as of now, we have yet to call them back for further discussions. We are still asking for more time subject to the convenience of the court,” Senior State Counsel Binga told the court.
Lawyer Farage, representing the victim’s families, expressed no objection to the extension request.
In a separate development, Farage confirmed that the families have successfully served Maiden Pharmaceuticals Company in India with the lawsuit, following publication in the Times Newspaper of India on January 25, 2024.
“We were able to serve Maiden Pharmaceuticals Company Limited by publishing in the Times Newspaper of India on the 25th of January 2024,” Counsel Farage told the court.
Hon. Justice Ebrima Jaiteh of the High Court of the Gambia adjourned the case to the 7th of March 2024.
Background of the case
On July 26, 2022, an occurrence of Acute Kidney Injury (AKI) cases emerged among children in the Gambia. Subsequent investigations conducted in Ghana, France, and Switzerland detected the presence of Diethylene glycol (DEG) and Ethylene glycol (EG) in samples of medications. This discovery prompted the removal of numerous pediatric medicines from the market.
The affected products, all originating from Maiden Pharmaceutical Company, were promptly withdrawn from both the community and the market. The Ministry of Health confirmed that at least 70 children in the Gambia lost their lives due to the consumption of cough syrup produced by Maiden Pharmaceutical Company in India.
In response, 19 families of the AKI victims took legal action 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 19 families, representing the AKI victims, are seeking damages of 15 million dalasis per child from the defendants.