By: Nicholas Bass
The Director General of Atlantic Pharmaceutical Company Limited, Ali Shuman, has denied allegations linking his company to the importation of contaminated cough syrups from India, which caused the deaths of children in The Gambia.
Testifying before Justice Ebrima Jaiteh of Banjul High Court on Wednesday, Mr. Shuman, the first defense witness (DW1), stated that Atlantic Pharmaceutical complied with all laws, regulations, directives, and procedures set out by the Medicines Control Agency (MCA).
However, at that stage, plaintiffs’ lawyer, Yasine Senghore, put it to him that Atlantic Pharmaceutical, with the assistance of Maiden Pharmaceutical Company in India, imported contaminated syrups responsible for the deaths.
Senghore referenced the Gambian government’s Acute Kidney Injury (AKI) task force report, which concluded that the children died due to the contaminated syrups manufactured by Maiden.
Continuing his testimony, Shuman admitted that in June 2022, his company imported 29 different baby cough syrups from Maiden Pharmaceutical Company based on an import clearance permit issued jointly to both companies.
When asked whether he owed a duty of care to the deceased children, Shuman denied any such obligation and maintained that the syrups were not contaminated. He asserted that all requirements under the law regarding the importation, distribution, and sale of the products were followed.
Lawyer Senghore then questioned whether Maiden was licensed to manufacture and sell drugs in India. Shuman responded that the company was licensed in accordance with WHO guidance. The court subsequently ordered him to produce the relevant license on the next adjourned date.
Senghore further argued that Maiden was not properly licensed, but Shuman maintained his stance and insisted that he did not manufacture drugs and had no knowledge of drug production. He dismissed the allegations as untrue, adding that neither negligence nor wrongdoing by his company caused the children’s deaths.
Court records indicate that on 30 June 2023, families of 19 deceased children filed a civil lawsuit against Maiden Pharmaceutical Company, Atlantic Pharmaceutical Company (the importer), the MCA, the Ministry of Health, and the Attorney General. The plaintiffs are seeking a declaration that the MCA failed in its responsibility to ensure the safety, quality, and regulation of medicines, among other claims.
