By Landing Ceesay
The Gambia Government, represented by the Office of the Attorney General and Ministry of Justice, is currently engaged in negotiations with the families affected by Acute Kidney Injury (AKI) to resolve the matter outside the courtroom.
Senior state lawyer Counsel Binga informed the court that the Attorney General’s Office is actively exploring avenues for an out-of-court settlement with the families of AKI victims.
Counsel Binga stated, “The Office of the Attorney General is facilitating with the counsel for the plaintiffs for a possible settlement of this matter out of court. I have the word of the Attorney General for the court to grant us an adjournment,” Counsel Binga informed the court. In the interim, Counsel Y. Senghore, representing the plaintiffs, acknowledged being aware of this development and requested the court to adjourn the proceedings until December 15, 2023.
Regarding the service to Maiden Pharmaceutical Company in India, Counsel Y. Senghore informed the court that the necessary documents have been forwarded to an Indian lawyer who is facilitating the process.
She explained, “There was a slight delay because they were celebrating Diwali in India. They have promised to get back to us. I am sure they will get back to us before the end of this week. The lawyer we are in contact with sent us a message this morning and told us that everything is in progress,” Counsel Y. Senghore informed the court.
Justice Ebrima Jaiteh of the High Court of the Gambia then announced the adjournment of the case to December 15, 2023, emphasizing the expectation of receiving a comprehensive report on both the settlement progress and the service to Maiden Pharmaceutical Company, the first defendant in the case.
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The affected products, all originating from Maiden Pharmaceutical Company, were promptly withdrawn from both the community and the market.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.