By Nicholas Banadda
The high court in Jinja presided over by Justice Joanita Bushara ordered The Aids Support Organization (Taso) to pay Shs190 million in damages to a man who was wrongly diagnosed as HIV-positive.
The man was placed on antiretroviral therapy (ARVs) for seven years’ despite being HIV-negative.
In a judgment delivered by Justice Bushara, the court found that Taso negligently diagnosed John Wataka as HIV-positive in 2016 and continued to dispense ARVs to him until 2023.
The court held that the misdiagnosis subjected Wataka to prolonged and unnecessary medication, resulting in devastating personal and social consequences.
Wataka visited Taso Jinja in 2016 for a routine medical check-up, where he was diagnosed as HIV-positive under registration number JIN:1604268. He was immediately put on ARVs for seven years.
According to Wataka documents to court It was not until 2022, when he sought to access benefits from the National Social Security Fund (NSSF) under a scheme for persons living with HIV/Aids, that independent medical tests were conducted.
According to court documents the tests, included a Polymerase Chain Reaction (PCR) test, returned negative results. Subsequent tests from MBN Clinical Laboratories confirmed negative serology findings.
Through his lawyers Ms Pheobe Tumwebaze of Kian Associated sued Taso for negligence.
Wataka told court that the wrongful diagnosis and prolonged medication caused him immense harm, including the breakdown of his marriage and loss of employment.
In her ruling, Justice Bushara observed that the plaintiff had endured seven years of unnecessary medication, loss of marriage, loss of employment, social isolation and psychological trauma.
The judge awarded Shs 140 million in general damages and Shs5m as aggravated damages. Taso was represented by Ms Florence Nalukwago of Nagawa Associated Advocates. ends