AKI Legal Suit Set for Trial in November 2024

Bereaved Parents at Gambia’s High Court in Banjul (c) Yusef Taylor

By Yusef Taylor, @FlexDan_YT

The Acute Kidney Injury (AKI) legal suit which has seen some 27 bereaved parents claim up to D405 million in damages after their children were killed from contaminated cough syrups, has been adjourned for pre-trial and trial in October and November 2024.

After the case was heard today 24th July 2024, Justice Jaiteh of the High Court ruled that the legal proceedings will progress after confirming all parties have been served during the court recess and continue with pre-trial on 8th and 15th October 2024. Justice Jaiteh continued to schedule the trial proper from 29th October to 12th, 14th and 21st November 2024, intending to conclude the case by December 2024.

It was established that all parties had been served for the first AKI legal suit which included 19 bereaved parents and that only Maiden Pharmaceuticals has yet to be confirmed for the second AKI Legal Suit which included an additional 8 bereaved parents.

During the court proceedings, Justice Jaiteh asked both legal representatives if they had any concerns about the documents tendered. Counsel Binga for the State noted that he had some concerns but failed to mention them. As the deliberations continued with Counsel Senghore for the bereaved parents and the State Counsel, it was agreed that a meeting would be held to agree on the documents that will be tendered for the pre-trial.

Counsel Senghore highlighted that they will not cross-examine any expert witness and will rely on the AKI Presidential Task Force Report instead. She added that all the bereaved parents will be placed on the stand to provide witness testimony and they will be cross-examined by the State Counsel. Counsel Senghore noted that the AKI Presidential Task Force Report confirms their claims in the lawsuit.

After the deliberations, Justice Jaiteh ruled for the plaintiffs to confirm serving Maiden Pharmaceuticals for the additional 8 bereaved parents during the two-month court recess keeping in mind a 30-day notice. Justice Jaiteh noted that after this, the court will proceed with pre-trial and trial, adding that before December we should finish and the court decides.

Initially, 19 bereaved parents were seeking redress from the High Court, but the number increased to 27 after an additional 8 bereaved parents filed another lawsuit. Back in May 2024, Lawyers for the bereaved parents represented by Farage Andrews Law Practice applied to the High Court to combine the two AKI lawsuits against the five defendants which was granted.

The five defendants in the case are; Maiden Pharmaceuticals (of India), Atlantic Pharmaceuticals (of The Gambia), Medicines Control Agency, The Ministry of Health and the Attorney General.

In their original writ of summons the 27 bereaved parents are seeking for;

1.       A declaration that the deceased children's deaths were caused by the consumption of contaminated medicines manufactured in India and exported to the Gambia by Maiden Pharmaceuticals and imported and distributed in the country by Atlantic Pharmaceuticals,

2.       A declaration that the Medicines Control Agency (MCA) failed in its statutory duties to regulate the efficacy, quality and safety of medicines and related products amongst other failings in the licensing and pharmaceutical industry,

3.       Declaration that the Minister of Health failed to discharge its duties to oversee the regulation of medicines in the country as the parent institution of the MCA,

4.       Cancellation of the importation license of Maiden Pharmaceuticals and Atlantic Pharmaceuticals which have both been implemented. Atlantic Pharmaceuticals is believed to have been shut down, however, one of their Pharmacist reported to have been working for MCA is still working for them,

5.       Damages for the death of all the children at a sum of D5 million each, and suffering of the children before their death at a rate of D10 million each, totaling D405 million for 27 bereaved parents and

6.       Some other additional claims such as interest on damages, additional costs and any other order that the court considers just.

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