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Civil claims continue following guilty pleas by ITH Pharma

Arti Shah
Arti Shah will continue to pursue a drug company in the civil courts after it pleaded guilty to criminal charges last week.

Arti represents the families of three babies who died after allegedly being fed the contaminated baby nutrition – TPN (Total Parental Nutrition) suppled to the NHS by ITH Pharma eight years ago.

The criminal investigation followed after three babies, including Yousef Al-Kharboush, died and another 20 needed treatment when they developed Bacillus Cereus bacteraemia. The infants were given the fluid as nutrition because they were unable to feed on their own between May 27 and June 2, 2014.

ITH Pharma, entered guilty pleas to three offences at Southwark Crown Court, including failing to make a suitable and sufficient risk assessment between August 1, 2009 and June 1, 2014 over the supply of TPN to patients, under the 1999 Health and Safety at Work Regulations, and two charges of supplying a medicinal product which was not of the nature or quality specified in the prescription, under the Medicines Act on May 27, 2014.

ITH Pharma denies Yousef's death was caused by the administration of the feed. Judge Deborah Taylor will decide the issue over a two-day sentencing hearing on April 28.

Yousef’s parents now live in Saudi Arabia, His father, Raaid Sakkijha, said in a statement: “We had to change every aspect of our life in London that would remind us of Yousef’s loss – our previous apartment, the area that we used to live in, the places that we used to go to when we were pregnant with the twins.

“Even today, Yousef’s mother Ghada has a panic and crying attack whenever she sees a mother with a twin stroller as she feels the loss of her son over and over again.

“We really hope that justice would finally prevail after seven years of endless suffering to our family.”

Arti told the press: “We believe justice will prevail in the civil court and we will continue to pursue ITH Pharma on behalf of the families who suffered the most terrible loss.

“We are confident the company will be found negligent in civil proceedings for providing contaminated feed.
“We will also be working closely with the coroner to provide much needed clarity on what happened to cause death and injury to so many babies.”

The case was widely reported in the news, including by the Telegraph, Daily Mail, BBC, Evening Standard and ITV online.

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