By Arret Jatta
The chief medical director at the Edward Francis Small Teaching Hospital yesterday testified before the high court in the on-going Acute Kidney Injury (AKI) case, where families are seeking accountability over the deaths of their children allegedly linked to contaminated cough syrups.
The suit stems from claims that the deaths were caused by consumption of contaminated promethazine oral solution, Kofexmalin Baby cough syrup, Makoff Baby cough syrup and Magrip N Cold Syrup, manufactured in India and imported by Atlantic Pharmaceutical Company, the second defendant.
Dr Mustapha Bittaye, a medical doctor who has served since 2006 and currently heads the country’s main referral hospital, appeared as defence witness.
Under cross-examination by Counsel Loubna Farage for the plaintiffs, Dr Bittaye said he could not state the exact date the AKI outbreak began, nor specify the number of outbreaks recorded at the hospital. He added that AKI occurs many times and he could not confirm whether previous outbreaks were officially reported.
He testified that during the period of the AKI cases in 2022, there was severe flooding in the country, which he suggested might have been linked to the situation. According to him, the period may have been between June and October 2022.
Dr Bittaye said they initially believed the outbreak was connected to diarrhoea caused by flood-contaminated waters. He also stated that an expert, a Professor Vivian, detected that the condition might be linked to paracetamol consumption.
The witness told the court he was notified about the deaths around July 2022 and that there was clinical suspicion at the time that paracetamol could be the main cause of the kidney injuries. However, when pressed for documentary proof, he confirmed that a document shown to him was a follow-up to a letter but said it was not his own and he could not speak to its contents.
He admitted he could not recall the number of children who died around September but later confirmed that by October to November the death toll had reached 83. He added that at the time they first realised the scale of the crisis, 27 children had died.
Dr Bittaye told the court that only two autopsies were conducted out of about 70 children who died. “Not all autopsy reports are conclusive,” he said, explaining that autopsies are conducted when the cause of death is uncertain.
He confirmed that samples were tested locally, while analysis was conducted in Senegal and Ghana. Drug samples were also sent abroad for testing. He acknowledged that not all the 38 drugs under review contained paracetamol but said they might have links to the AKI cases.
When asked whether the Ministry of Health knew the culprits by September 2022, the witness said he was unaware until President Adama Barrow made a public statement.
He also said he could not answer for the Medicines Control Agency and was unaware that Atlantic Pharmaceutical Company had been named in any report at the time.
Dr Bittaye admitted there were capability challenges, including human resource and equipment shortages, affecting the health sector.
He further acknowledged perceived conflict of interest within the Medicines Control Agency at the time, noting that some staff members owned pharmacies.
The case has been adjourned to 26th February for continuation of the cross-examination of Dr Bittaye.
