Two men drag company to court after condoms break during sex, leading to HIV

Two men have dragged Marie Stopes Uganda to court for allegedly distributing defective Life Guard condoms which broke while having sex leading them to contract Sexually Transmitted Diseases.

In a suit before the Civil Division of the High Court, Joseph Kintu and Sulaiman Balinya say because of negligence, Marie Stopes distributed condoms that saw them contract various STDS.

On October 1, 2019, I bought a packet of Life Guard condoms batch No 1904205 from a drug shop in Kapeka, Nakaseke District to protect myself against STDs and other related consequences of unprotected sex. Having tested HIV negative twice before; in June and September 2019, I tested HIV positive on November 6, 2019,”Kintu says in his affidavit.

Balinya also shares the same sentiments in his affidavit.

“On October 22, 2019, I bought Life Guard condoms batch number 19050105 from Shifa Pharmacy in Ibanda town which I used that same night and upon completion of the act, the condom had broken and was leaking. On October 24, 2019, I felt a lot of pain in my private parts, went to Ruhooko Health Centre IV in Ibanda for treatment where I was tested and diagnosed with gonorrhea and put on treatment,” Balinya says.

He adds that prior to that, he had never been diagnosed with gonorrhea.

“It was further reported by the Minister of State for Health in her report to Parliament dated November 11, 2019, that the batch of Life Guard condoms that had been rolled to the public illegally and without following the prescribed procedure by the defendant (Marie Stopes) were tested and analysed by NDA and found defective,” the duo say through their lawyers of Ojok Advocates.

They want court order Marie Stopes to pay them special, general and exemplary damages for the anguish occasioned to them when the company supplied defective condoms.

Last year, the National Drug Authority recalled two batches of Life Guard Condoms that were supplied on the market but were later found to be defective.

The defective two batches of Life Guard Condoms 19040205 and 19050105 were produced in April and May this year respectively. They were due to expire in 2024.

The recalled batches had been in circulation for at least six months.

In a letter dated October 30, 2019, to Marie Stopes Uganda, the main distributors of Life Guard condoms, NDA said some condoms had been found to have holes while others burst.

NDA instructed Marie Stopes to recall the condoms and give them a report concerning the distribution details of the batches; clients notified of the recall; clients who responded to the recall and a list of clients who did not respond to the recall.

Currently, the HIV infection rate stands at 6.2% for those between the ages of 15 and 64 years, which is the most sexually active age-group.

Recently, a deaf activist dragged National Drug Authority and Marie Stopes Uganda to court over negligence in regards to Life Guard condoms.

They said they had contracted Sexually Transmitted Diseases despite using Life Guard condoms during sex.