Jinja, Uganda: The High Court in Jinja has ordered The AIDS Support Organisation (TASO), Jinja branch, to pay Shs190 million in damages to a man who was wrongly diagnosed as HIV-positive and placed on antiretroviral therapy (ARVs) for seven years before tests revealed he was HIV-negative.
In a judgment delivered by Justice Joanita Bushara, the court found that TASO negligently diagnosed John Wataka as HIV-positive in 2016 and continued dispensing ARVs to him until 2023.
Court records show that Wataka visited TASO’s Jinja branch in 2016 for a routine medical check-up, where he was registered under number JIN:1604268 and declared HIV-positive. Trusting the organisation’s expertise, he commenced ARV treatment and remained on medication for seven years.
The misdiagnosis only came to light in 2022 when Wataka sought to access benefits from the National Social Security Fund (NSSF) under a scheme for persons living with HIV/AIDS. The development prompted TASO to conduct independent medical tests, including a Polymerase Chain Reaction (PCR) test, which returned negative results. Subsequent tests from MBN Clinical Laboratories also confirmed that he was HIV-negative.
Wataka, represented by Ms Phoebe Tumwebaze of Kian Associated Advocates, sued TASO for negligence, telling court that the wrongful diagnosis and prolonged medication caused immense harm, including the breakdown of his marriage, loss of employment, social stigma and severe psychological distress.
In her ruling, Justice Bushara observed that the plaintiff had endured seven years of unnecessary medication and its attendant consequences.
The judge described the injuries as profound violations of dignity and personhood, noting that Wataka suffered loss of marriage, employment, social isolation and psychological trauma.
Citing comparable awards in medical negligence cases, including Freda Kasaira and Others v The Registered Trustees of Nebbi Catholic Diocese [2017] UGHC 137, the court awarded Shs140 million in general damages.
On the issue of punitive damages, Justice Bushara referred to the principles in Rookes v Barnard [1964] AC 1129, holding that exemplary damages are warranted where a defendant’s conduct demonstrates a contumelious disregard of a person’s rights.
She found that TASO’s conduct after the negative results were disclosed was dismissive and justified further compensation. The court accordingly awarded Shs50 million as aggravated damages.
Interest on the total award will accrue at 10 per cent per annum from the date of judgment until payment in full. Costs of the suit were also awarded to the plaintiff.
The judgment declared that TASO negligently diagnosed Wataka as HIV-positive in 2016 and negligently dispensed ARVs to him between 2016 and 2023. TASO was represented in court by Ms Florence Nalukwago of Nagawa Associated Advocates.
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