Grieving parents have secured a £858,000 compensation payout from a British-run “medical tourism” agency after their daughter died following budget weight loss surgery in Turkey.
Khelisyah Ashamu, a 26-year-old mother-of-one, had travelled to Izmir in February 2019 for a gastric bypass operation.
She had been struggling with her weight and was particularly concerned about her stomach’s appearance after a Caesarean section.
She turned to Get Slim in Turkey, an agency operated by British expatriates, paying £3,300 for the procedure and accommodation.
Eight days after the surgery, Ms Ashamu’s condition deteriorated significantly. She suffered a cardiac arrest following exploratory follow-up surgery and died in a Turkish hospital on 9 February 2019.
A coroner later recorded her cause of death as gastrointestinal ischaemia – a lack of blood flow to the intestines – which was determined to be a result of “complications” arising from 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 death.
Ms Ozdemir denied liability, but after a trial, senior judge Mrs Justice Obi has 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 Ms Ashamu’s parents afterwards, she added: “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 that Ms 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 communications 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.
Ms Ashamu had the operation on 1 February, but was left in significant pain and went on to have further follow up surgery on 3 February, 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 died,” 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 death, Ms 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.
Ms Smith told the judge that Ms 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, telling 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,” she continued.
“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 Ms 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.
“The contemporaneous materials show that the defendant marketed inclusive packages, combining accommodation and transport at a single price alongside surgery and related services.
“Those elements satisfy the definition of a package. The tourist service was medical tourism. The surgery accounted for a significant portion of the value of the combination and was an essential feature of it.
“She used language incompatible with a mere introducer. I therefore find she was the organiser.
“The defendant, as an organiser, was therefore liable for the proper performance of the package’s services, including medical and after care elements.
“There was also a consumer contract between the defendant and Miss Ashamu and liability is established on that as well.”
As Mrs Ozdemir did not challenge the amount in damages claimed, the judge awarded the sum of £858,000 to Ms Ashamu’s family.
A claim against Turkish medics was not proceeded with.
