THE GAMBIA — In response to a government-backed investigation that determined contaminated medicines from India were “very likely” responsible for the deaths of numerous children in Gambia, the country has taken a significant step by enlisting the services of a U.S. law firm to explore potential legal action.

This development was revealed exclusively in a report by Reuters, shedding light on the escalating concerns surrounding the tragic incidents.

Between June and October of last year, at least 70 children in Gambia, primarily under the age of 5, tragically lost their lives due to acute kidney injury.

Local doctors had initially suspected that cough syrups imported from India could be the cause, as previously reported by Reuters.

Subsequently, tests conducted by the World Health Organization (WHO) confirmed the presence of lethal toxins in the medicines, triggering a global investigation into contaminated pharmaceuticals.

Gambian Justice Minister Dawda Jallow informed Reuters that the government is considering legal action as one of the potential avenues to pursue.

This signifies the first indication of potential international litigation in response to the children’s deaths.

While Jallow did not disclose the specific targets of the legal proceedings or the identity of the law firm hired to assist with the case, the move demonstrates Gambia’s determination to seek justice and accountability.

The medicines implicated in the tragic deaths were manufactured by Maiden Pharmaceuticals, an Indian drug maker that has vehemently denied any wrongdoing.

However, tests conducted by the WHO revealed that the Maiden cough syrups contained diethylene glycol (DEG) and ethylene glycol (EG), toxic substances commonly found in car brake fluid. In contrast, the Indian government claimed that its own tests found no traces of toxins in the drugs.

Gambia’s potential legal action has yet to elicit a response from India’s health ministry or Maiden Pharmaceuticals.

The WHO declined to comment on the matter as well. Indian officials, however, have challenged the WHO’s findings and disputed any causal link to the deaths in Gambia.

They have accused the agency of unfairly tarnishing India’s thriving US$41 billion pharmaceutical industry.

Notably, another Indian drug manufacturer’s cough syrups were also implicated in the deaths of 19 children in Uzbekistan.

In response, India has made drug testing mandatory for cough syrups before export, taking steps to address safety concerns.

Gambia’s Justice Ministry weighs next steps

Following the completion of a new government-commissioned causality assessment conducted by a panel of international experts, Gambia’s justice ministry is carefully considering its next steps, according to Minister Dawda Jallow.

Although the report has not been publicly released, Reuters has obtained a copy, shedding light on its findings.

The panel of experts examined 56 cases of acute kidney injury, and their analysis revealed that 22 of these cases were “very likely” caused by poisoning from diethylene glycol (DEG) or ethylene glycol (EG) after the consumption of Maiden products.

In an additional 30 cases, while the cause of death could not be confirmed, the evidence strongly indicated DEG and EG poisoning. The panel found insufficient evidence in four other cases.

Unfortunately, autopsies could only be performed on two of the patients, but the pathology results aligned with the effects of DEG and EG poisoning, as outlined in the report. Notably, among all the medicines tested after the deaths, only Maiden’s products exhibited toxicity.

Several experts in pharmaceutical manufacturing have highlighted that DEG and EG can be utilized as a cost-effective alternative to propylene glycol, a crucial ingredient in syrupy medications, by unscrupulous actors. However, it remains unclear whether Indian authorities have had access to the causality report.

These findings are part of an ongoing investigation into the deaths that has raised concerns among global health officials regarding the lax regulation of India’s drug sector and the oversight of pharmaceutical raw materials worldwide.

Many countries, including Gambia, lack the means to test imported drugs, exacerbating the issue.

The World Health Organization (WHO) continues to investigate the source of the contaminated cough syrups in Gambia, Uzbekistan, and other affected nations.

However, the lack of information regarding Maiden’s drugs has hindered progress. Reuters discovered that an unidentified intermediary in the supply chain plays a pivotal role in the distribution of these medicines.

Minister Dawda affirmed that the causality assessment and the recommendations from the justice ministry will be made public within six months.

Additionally, Gambia has plans to establish a drug testing facility for imported medications with the support of the World Bank, as disclosed by the bank to Reuters.

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