By: Nicholas Bass
The head of Atlantic Pharmaceutical Company presented documents in court as backup evidence in the ongoing Acute Kidney Injury (AKI) lawsuit. The case was filed by families of children alleged to have died from contaminated cough syrups in The Gambia.
Appearing before Justice Ebrima Jaiteh at the Banjul High Court on Thursday, the first defence witness (DW1), Ali Shuman, submitted a letter dated 9 December 2019 from the Medicines Control Agency (MCA). The letter, addressed to Atlantic Pharmaceutical, outlined demands concerning imported drugs.
Under cross-examination, lawyer Yasine Senghore, representing the plaintiffs, asked whether the contaminated cough syrups were among the registered drugs imported from Maiden Pharmaceutical Company. Shuman denied the claim.
Senghore applied to have the MCA-Atlantic correspondence admitted as evidence. The court granted the request and marked the document as Exhibit AS1.
When asked to produce a license for Maiden Pharmaceutical Company, Atlantic Indian partner Shuman submitted a manufacturing license. Senghore challenged its validity, arguing that Shuman was ordered by the court to produce both manufacturing and selling licenses, and claimed that Maiden did not possess a license to sell drugs in India.
Shuman’s lawyer, Sheriff M. Tambadou, responded that Maiden was licensed to manufacture drugs, which other entities could then sell.
Senghore pointed out that the manufacturing license lacked an official letterhead but noted it bore a stamp from Indian authorities. She requested it be admitted as evidence, and the court granted the request, marking it Exhibit S2.
When asked whether Atlantic had registered the four contaminated cough syrups, Shuman denied it. Senghore accused the company of negligence that led to the deaths of children in The Gambia.
“I put it to you that your company’s negligence led to the death of children,” Senghore said.
During cross-examination by state counsel Barr Joe Okete, Shuman stated that since beginning operations in 2019, neither MCA nor the Ministry of Health had ever sanctioned his company. He described the company’s relationship with both institutions as “cordial.”
Court records show that on 30 June 2023, 19 families of deceased children filed a civil suit against Maiden Pharmaceutical Company (manufacturer), Atlantic Pharmaceutical Company Limited (importer), MCA, the Ministry of Health, and the Attorney General.
The plaintiffs allege MCA failed in its duty to ensure the safety and quality of medicines. The state is expected to present its witness at the next sitting.
