Parents whose daughter, 26, died days after flying to Turkey for price range weight reduction surgical procedure win £858,000 payout from British-run medical tourism agency

The parents who lost their daughter after a budget weight loss surgery in Turkey went wrong have won an £858,000 compensation payout. 

Mother of one Khelisyah Ashamu was only 26 when she died eight days after undergoing a gastric bypass operation at a hospital in Izmir in February 2019.

She had struggled with her weight and was concerned about the appearance of her stomach after having a Caesarean section and eventually turned to a British expat-run ‘medical tourism’ agency, Get Slim in Turkey.

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 died in a Turkish hospital on February 9, 2019.

A coroner recorded the cause of her death 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 death.

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 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 tragic death, 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.

A claim against Turkish medics was not proceeded with.