The High Court in Jinja has ordered The Aids Support Organisation (Taso) 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 despite being 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 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.
According to court records, Wataka visited Taso Jinja in 2016 for a routine medical check-up, where he was diagnosed as HIV-positive under registration number JIN:1604268.
Trusting the organisation’s professional expertise, he consistently took ARVs for seven years.
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.
The tests, including a Polymerase Chain Reaction (PCR) test, returned negative results. Subsequent tests from MBN Clinical Laboratories confirmed negative serology findings.
Wataka, through his lawyers led by Ms Pheobe Tumwebaze of Kian Associated Advocates in Kampala, sued Taso for negligence. He told the court that the wrongful diagnosis and prolonged medication caused him 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, loss of marriage, loss of employment, social isolation and psychological trauma.
She described the injuries as profound violations of dignity and personhood.
Citing comparable awards in medical negligence cases involving long-term suffering, including Freda Kasaira and Others v The Registered Trustees of Nebbi Catholic Diocese (Civil Suit No. 20 of 2016) [2017] UGHC 137, the judge awarded Shs 140 million in general damages.
The court also considered the plaintiff’s claim for punitive damages. Referring to the principles set out in Rookes v Barnard [1964] AC 1129, Justice Bushara held 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 following disclosure of the negative test results was dismissive and lacked remorse, justifying further compensation.
The court accordingly awarded Shs50 million as aggravated damages.
Interest on the total award will accrue at 10 percent per annum from the date of judgment until payment in full. Costs of the suit were also awarded to the plaintiff.
Taso was represented by Ms Florence Nalukwago of Nagawa Associated Advocates.
The judgment formally declared that Taso negligently diagnosed Wataka as HIV positive in 2016 and negligently dispensed ARVs to him from 2016 to 2023.
The decision underscores the legal duty of care owed by medical service providers and signals heightened judicial scrutiny of diagnostic standards and patient management practices within Uganda’s health sector.