The Nigerian parents of a young woman who d!ed after a low-cost weight loss surgery in Turkey have been awarded £858,000 in compensation.
Khelisyah Ashamu, a 26-year-old mother of one, passed away just eight days after undergoing a gastric bypass procedure at a hospital in Izmir in February 2019. She had battled with her weight and was unhappy with the appearance of her stomach following a Caesarean section, which ultimately led her to seek surgery abroad.
Her family said she turned to a British expat-run medical tourism company, Get Slim in Turkey, in hopes of achieving her desired results, a decision that tragically ended in her de@th.
After paying £3,300 for the operation and accommodation, she tragically fell ill and suffered a cardiac arrest following an exploratory follow-up surgery. She d!ed in a Turkish hospital on February 9, 2019.
A coroner recorded the cause of her de@th as a lack of blood flow to the intestines, known as gastrointestinal ischaemia, a result of ‘complications’ of her surgery.
Her parents, Toyin and Oyebanji Ashamu, then launched a High Court claim against Tracey Ozdemir, trading as Get Slim in Turkey, for compensation for her estate over her de@th.
Ms Ozdemir denied liability, but senior judge Mrs Justice Obi ruled against her, awarding the Ashamu family £858,000 in damages.
The judge accepted expert evidence that there had been ‘inadequate post-operative monitoring and airway care’ following the second operation after the initial gastric bypass.
And after finding that Ms Ozdemir, as ‘organiser’ of the ‘package travel contract’, was liable for the ‘proper performance’ of the surgery and aftercare, she ordered the huge damages payout.
Addressing Miss Ashamu’s parents afterwards, she said: ‘I recognise how difficult these proceedings must have been for you and I offer my sincere condolences for the loss of your daughter.
‘Of course, nothing this court can do can lessen that loss for you and your family, but I hope the conclusion of these proceedings will bring some measure of consolation.’
During the trial, the court heard Khelisyah Ashamu, an IT worker from Romford, had contacted Ms Ozdemir’s business due to concerns about the appearance of her stomach after a Caesarean section and due to issues with her weight.
After talking with Ms Ozdemir, she opted for a £3,300 package and travelled to Turkey in January 2019 to undergo surgery, choosing a Roux-en-Y bypass.
The operation involves the separation of the upper part of the stomach from the lower, with the upper part then directly connected to the small intestine, and the main part used to create a cul-de-sac through which no food passes.
The surgery restricts the amount of food patients can eat, making them feel full after eating smaller amounts.
Miss Ashamu had the operation on February 1, but was left in significant pain and went on to have further follow-up surgery on February 3, the judge heard.
Afterwards, she was moved to intensive care but the judge said no monitoring was recorded before she had a sudden cardiac arrest, leaving her in a coma.
Her father flew out to see her and despite being told she was responding to treatment, a brain surgeon subsequently confirmed she was brain dead.
‘Shortly after this, the deceased’s ventilation was ended, and the deceased d!ed,’ said her barrister, Dominique Smith, in court papers.
‘The deceased’s life support was withdrawn without the claimants’ knowledge and without [her father] being present in the hospital.
‘He arrived at the hospital, after previously returning to his accommodation, on 9th February 2019, to be told by hospital staff that the deceased was in a body bag in the morgue.’
Following her tragic de@th, Miss Ashamu’s parents launched a High Court damages claim on behalf of her estate, accusing Ms Ozdemir’s business of being liable as the travel agent.
Mrs Smith told the judge that Miss Ashamu had contracted with Get Slim for a ‘package travel contract’ of which the surgery was a significant part.
Not only that, but Get Slim should be considered an ‘organiser’ of the package, she said in court.
Mrs Smith told the judge: ‘There is irrefutable evidence that the first defendant offered packages for sale and therefore was an organiser for the purposes of a package travel contract.
‘That package not only included accommodation in a hotel, but included the surgery itself.
‘The tourist service here was therefore medical tourism, thus the surgery itself clearly accounted for a significant proportion of the value of the combination and was an essential feature of it.’
Ms Ozdemir defended the claim on the basis that she was not an ‘organiser’ of the package, but merely an ‘introducer’ connecting patients with the hospital.
Giving judgment, Ms Justice Obi found that there had been a ‘package travel contract’ between Get Slim and Miss Ashamu, and also a consumer contract.
Evidence showed that Ms Ozdemir had ‘actively marketed’ packages which included surgery, airport transfers, and hotel and hospital accommodation.
‘The defendant accepted she was offering surgical packages and used the language “our surgeon”, this is inconsistent with the role of a mere introducer,’ said the judge.
As Ms Ozdemir did not challenge the amount in damages claimed, the judge awarded the sum of £858,000 to Miss Ashamu’s family.
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