Khelisyah Ashamu: Parents win £858k payout after daughter dies following weight loss surgery in Turkey
Grieving parents have received an £858,000 compensation payment from a British-run “medical tourism” agency after their daughter died following budget-friendly weight-loss surgery in Türkiye.
26-year-old mother of one child, Khelisyah Ashamu, went to Izmir in February 2019 for gastric bypass surgery.
She was struggling with her weight and was especially concerned about the appearance of her stomach after a C-section.
He approached Get Slim in Türkiye, an agency run by British expats, who paid £3,300 for the procedure and accommodation.
Eight days after the surgery, Ms. Ashamu’s condition worsened significantly. Following diagnostic follow-up surgery, he suffered a heart attack and died in a hospital in Türkiye on February 9, 2019.
A coroner later recorded his cause of death as gastrointestinal ischemia (lack of blood flow to the intestines), which was determined to be a result of “complications” from his surgery.
His parents, Toyin and Oyebanji Ashamu, filed a lawsuit in the High Court against Tracey Özdemir, who later traded under the name Get Slim in Türkiye, for compensation for his assets upon his death.
Ms Özdemir denied liability, but after the hearing, senior judge Mrs Justice Obi ruled against her, awarding the Ashamu family £858,000 in damages.
The judge accepted expert evidence that there was “inadequate post-operative monitoring and airway care” following the second surgery after the first gastric bypass.
And after learning that Ms. Özdemir, as the “organizer” of the “package travel contract”, was responsible for the “proper performance” of the surgery and post-care, she decided to pay a large amount of compensation.
Then, addressing Ms Ashamu’s parents, he added: “I realize how difficult these proceedings have been for you and I offer my sincerest condolences for the loss of your daughter.
“Of course, nothing this court can do can lessen this loss to you and your family, but I hope that the conclusion of these proceedings will bring some solace.”
During the hearing the court heard that Ms Ashamu, an IT worker from Romford, had contacted Ms Ozdemir’s workplace due to issues with the appearance of her stomach and weight following a caesarean section.
After contacting Ms Özdemir, he opted for a £3,300 package and went to Türkiye to have surgery in January 2019, opting for Roux-en-Y bypass.
The operation involves separating the upper part of the stomach from the lower part, connecting the upper part directly to the small intestine, and using the main part to create a cul-de-sac through which no food can pass.
The surgery restricts the amount of food patients can eat, allowing them to feel full after eating smaller amounts.
The judge heard Ms Ashamu had surgery on February 1, but was in significant pain and underwent surgery again on February 3.
He was later taken to intensive care, but the judge said no monitoring was recorded before he suffered a sudden heart attack and remained in a coma.
His father flew to see him, and although he was said to be responding to treatment, a neurosurgeon later confirmed he was brain dead.
“Shortly thereafter, decedent’s ventilation ceased and decedent died,” his attorney, Dominique Smith, said in court documents.
“The deceased’s life support was withdrawn without the knowledge and notice of the plaintiffs. [her father] be present in the hospital.
“After returning to his accommodation, he arrived at the hospital on 9 February 2019 and was told by hospital staff that the deceased was in a body bag at the morgue.”
Following her death, Ms Ashamu’s parents filed a lawsuit for damages in the High Court on behalf of Ms Ozdemir’s estate, accusing her business as a travel agency of liability.
Ms Smith told the judge Ms Ashamu had contracted with Get Slim for a “package travel contract” in which the surgery was a key part.
Get Slim should be considered the “organiser” of the package, he told the judge in court: “There is undeniable evidence that the first defendant offered the packages for sale and was therefore an organizer for the purpose of the package travel contract.”
“This package not only included hotel accommodation, but also the surgery itself,” he continued.
“So the tourist service here was medical tourism, so the surgery itself was clearly a significant part of the value of the combination and was a key feature of that.”
Özdemir defended the claim by claiming that he was not the “organizer” of the package, but only the “promoter” who brought the patients together with the hospital.
In making his decision, Judge Obi found that there was a “package travel contract” as well as a consumer contract between Get Slim and Ms Ashamu.
The evidence showed that Ms Özdemir was “actively marketing” packages that included surgery, airport transfers, hotel and hospital accommodation.
“The defendant admitted offering surgery packages and used the language ‘our surgeon’, which is inconsistent with his role as a mere promoter,” the judge said.
“Contemporaneous materials show that the defendant markets inclusive packages that combine surgery and related services, as well as accommodation and transportation, in one price.
“These elements fit the description of the package. The tourist service was medical tourism. Surgery constituted a significant part of the value of the combination and was a key feature of it.”
“He used language that was incompatible with a mere promoter, so I think he was the organizer.
“Therefore, the defendant, as the organiser, was responsible for the proper delivery of package services, including medical and after-care elements.
“There is also a consumer contract between the defendant and Ms. Ashamu and the liability is based on this as well.”
Since Ms Özdemir did not object to the amount of compensation requested, the judge awarded Ms Ashamu’s family compensation of £858,000.
No action was taken in the case filed against Turkish medics.
