Gambiaj.com – (BANJUL, The Gambia) – The High Court case involving 27 bereaved parents seeking D405 million in damages following the deaths of their children due to contaminated cough syrups has been adjourned for pre-trial and trial sessions scheduled for October and November 2024. The legal proceedings, presided over by Justice Jaiteh, were heard on 24th July 2024 and will progress after confirming that all parties have been duly served during the court recess.
Justice Jaiteh ruled that pre-trial hearings will take place on 8th and 15th October 2024, followed by the trial proper from 29th October to 12th, 14th, and 21st November 2024, with an aim to conclude the case by December 2024.
The first AKI lawsuit includes 19 bereaved parents, with the addition of 8 more parents for the second suit, pending confirmation of service to Maiden Pharmaceuticals.
During the court session, Justice Jaiteh inquired about any concerns regarding the documents presented. Counsel Binga for the State acknowledged having concerns but did not specify them. Both Counsel Senghore for the bereaved parents and the State Counsel agreed to meet and finalize the documents to be presented for pre-trial.
Counsel Senghore indicated that they would rely on the AKI Presidential Task Force Report and would not cross-examine expert witnesses. All bereaved parents will testify and be cross-examined by the State Counsel. The Task Force Report, according to Senghore, corroborates the claims made in the lawsuit.
Justice Jaiteh emphasized the necessity for the plaintiffs to confirm serving Maiden Pharmaceuticals regarding the additional 8 bereaved parents within the two-month court recess, respecting a 30-day notice period. He expressed confidence that the case would progress efficiently, aiming for a resolution by December.
The initial lawsuit, comprising 19 bereaved parents, expanded to 27 when additional parents joined. In May 2024, Farage Andrews Law Practice successfully petitioned the High Court to consolidate the two lawsuits against the five defendants: Maiden Pharmaceuticals (India), Atlantic Pharmaceuticals (The Gambia), Medicines Control Agency (MCA), The Ministry of Health, and the Attorney General.
The plaintiffs seek several declarations, including confirmation that the deaths were caused by contaminated medicines manufactured by Maiden Pharmaceuticals and distributed by Atlantic Pharmaceuticals, the acknowledgement of MCA’s failure to regulate medicine’s safety and efficacy, a recognition of the Ministry of Health’s oversight failures, the cancellation of importation licenses for Maiden and Atlantic Pharmaceuticals, the latter of which has reportedly been shut down, payment of compensation amounting to D405 million for the deaths and suffering of the children, and additional claims for interest on damages, costs, and any other court-deemed just orders.
As the case progresses, the bereaved parents continue their quest for justice and accountability for the tragic loss of their children due to the alleged negligence of pharmaceutical companies and regulatory bodies.
