Pharma Executive Denies Liability in Child Deaths as Court Admits Key Documents in AKI Lawsuit

FILE PHOTO: Ebrima Sagnia holds up a sign during a news conference, calling for justice for the deaths of children linked to contaminated cough syrups, in Serekunda, Gambia, November 4, 2022. Sagnia's 3-year-old son Lamin died of Acute Kidney Injury in September 2022. In October, the deaths of more than 70 Gambian children from Acute Kidney Injury were linked by global health officials to cough syrups made in India and contaminated with ethylene glycol (EG) and diethylene glycol (DEG). REUTERS/Edward McAllister

Gambiaj.com – (Banjul, The Gambia) – The Banjul High Court on Thursday admitted crucial documents into evidence in the ongoing civil lawsuit over the deaths of children allegedly caused by contaminated cough syrups, as a pharmaceutical executive denied his company’s role in the tragedy.

Testifying before Justice Ebrima Jaiteh, Ali Shuman, the head of Atlantic Pharmaceutical Company and first defense witness (DW1), submitted a letter dated 9 December 2019 from the Medicines Control Agency (MCA).

The letter, addressed to Atlantic Pharmaceutical, reportedly outlined regulatory concerns regarding the importation of drugs. It was admitted by the court as Exhibit AS1 following an application by plaintiff counsel Yasine Senghore.

Under cross-examination, Senghore pressed Shuman on whether the four contaminated syrups linked to acute kidney injury (AKI) in children were among the drugs registered by his company from Maiden Pharmaceutical Company, an Indian manufacturer. Shuman denied this.

When asked to present licensing documentation for Maiden Pharmaceuticals, Shuman produced a manufacturing license.

However, Senghore contested its adequacy, arguing that the court had ordered the production of both manufacturing and selling licenses, and claimed that Maiden lacked authorization to sell drugs in India.

In response, Shuman’s legal representative, Sheriff M. Tambadou, maintained that while Maiden was licensed to manufacture drugs, sales could be handled by separate entities.

The court admitted the manufacturing license into evidence as Exhibit S2, despite its lack of an official letterhead, noting it bore an Indian government stamp.

Shuman also denied that Atlantic had registered the four syrups suspected to be contaminated. Senghore directly accused the company of negligence, declaring in court, “I put it to you that your company’s negligence led to the death of children.

During further questioning by state counsel Barr Joe Okete, Shuman stated that since Atlantic Pharmaceutical began operations in 2019, the company had never been sanctioned by either the MCA or the Ministry of Health. He described Atlantic’s relationship with both institutions as “cordial.”

According to court filings, on 30 June 2023, 19 families of deceased children filed a civil lawsuit against Maiden Pharmaceutical Company (as manufacturer), Atlantic Pharmaceutical Company Limited (as importer), the Medicines Control Agency, the Ministry of Health, and the Attorney General.

The plaintiffs claim the MCA failed in its regulatory duty to ensure the safety and quality of imported medicines, resulting in the deaths of their children. The state is expected to present its witness at the next court sitting.

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