A trial officially commenced in Banjul, The Gambia, on Tuesday, centered on the tragic deaths of small children who had consumed a cough syrup manufactured by India-based Maiden Pharmaceuticals. In 2022, approximately 70 children aged 5 and under lost their lives after ingesting the over-the-counter medication, sparking a nationwide outcry in the West African nation with a population of about 2.5 million.
Legal Deliberations Begin
Justice Ebrima Jaiteh of the High Court in Banjul presided over the initial proceedings and adjourned the case until November 7. The delay followed the absence of three state defendants, whom the judge deemed to have “lacked diligence.”
Nineteen Plaintiffs Seek Justice
In July, a group of nineteen plaintiffs, representing family members who had tragically lost their children, initiated a civil lawsuit. Salieu Taal, President of The Gambia Bar Association, was among the lawyers representing these families.
Defendants in the Lawsuit
The families are suing five defendants in total: Maiden Pharmaceuticals, the local distributor Atlantic Pharmaceuticals, the Medical Controls Agency (MCA), the Ministry of Health, and Attorney General Dawda A. Jallow. Their demand is clear: they seek an acknowledgment that the children’s deaths resulted from the consumption of contaminated medicines. Additionally, they demand an admission of the MCA’s failure in its statutory duty to regulate medicine quality and safety.
Substantial Compensation Sought
The families also seek compensation, demanding 15 million Dalasis, equivalent to approximately $230,000, for each child whose life was lost.
Defendants Absent from Proceedings
None of the five defendants were present during the initial court appearance. Notably, the health ministry, MCA, and the attorney general had requested a trial delay, a motion that the judge dismissed. As a consequence, the three were ordered to pay 10,000 Dalasis to the plaintiffs.
Recall and Bans
Starting in September of the previous year, The Gambia initiated a product recall of several cough and cold medications, as well as all products produced by Maiden Pharmaceuticals in India. This action was taken following the tragic deaths of over 70 young children due to kidney failure. Subsequently, The Gambia imposed a complete ban on all products from the Indian company.
Toxic Substances Uncovered
Lab tests conducted by the World Health Organization (WHO) revealed the presence of “unacceptable amounts” of diethylene glycol and ethylene glycol, commonly used as antifreeze, which can prove fatal if ingested. These toxic substances lead to “acute kidney injury, which may lead to death.”
Seeking Justice
Grieving parents, in an interview with AFP in October 2022, called upon the government to take decisive action. They urged President Adama Barrow’s administration to hold accountable those responsible for the tragic incidents and to ensure justice for the affected children.
Investigation and Consequences
In July, a government taskforce identified four imported cough syrups from India as responsible for the child deaths. Health Minister Dr. Ahmadou Lamin Samateh cited regulatory and import check failures, starting with the medications not being registered with the MCA. Consequently, the head of the agency was dismissed, and the government explored legal action against the Indian manufacturer.
International Consequences
Following the scandal, India initiated an investigation and closed down the Maiden Pharmaceuticals plant in October. The WHO subsequently called for coordinated action to eradicate non-compliant and falsified medicines, particularly tainted cough syrups linked to the deaths of 300 children in Gambia, Indonesia, and Uzbekistan.
The trial underway in The Gambia signifies a pivotal step toward achieving justice and accountability in a case that has deeply affected the nation. Families who lost their children are seeking recognition of the circumstances leading to the tragic deaths and substantial compensation as they await the legal proceedings to unfold.
