The High Court in Jinja has awarded Shs190 million in compensation to John Wataka after finding that The Aids Support Organisation (Taso) wrongly diagnosed him as HIV-positive and kept him on antiretroviral drugs for seven years.
In a ruling delivered by Justice Joanita Bushara, the court concluded that Wataka was negligently tested at Taso’s Jinja centre in 2016 and was subsequently placed on HIV treatment up to 2023, yet he was HIV-negative.
Wataka had visited the facility for a routine check-up and was registered as HIV-positive. Relying on the medical advice given to him, he consistently took ARVs for years without questioning the diagnosis.
The error only came to light in 2022 when he applied for benefits from the National Social Security Fund under a programme for people living with HIV/Aids. Fresh medical examinations, including a PCR test and other laboratory tests, confirmed that he was HIV-negative.
He later sued Taso for negligence, telling court that the misdiagnosis led to the collapse of his marriage, loss of his job, stigma in his community and severe emotional distress.
Justice Bushara ruled that the prolonged and unnecessary treatment caused significant harm and violated his dignity. The court noted that he had endured years of medication he did not need, social isolation and psychological suffering.
The court formally declared that Taso negligently diagnosed Wataka as HIV-positive in 2016 and wrongfully administered ARVs to him until 2023.
The judge awarded Shs140 million in general damages for the pain and losses he suffered. An additional Shs50 million was granted as aggravated damages after the court found that Taso handled the matter without adequate concern even after the negative results emerged.
The total award will attract interest of 10 percent per year from the date of judgment until full payment. Taso was also ordered to pay the costs of the case.
