The High Court has ordered The AIDS Support Organisation (TASO) to pay Shs 190 million in damages to a man who was wrongly diagnosed as HIV positive and placed on antiretroviral therapy (ART) for seven years.
In a landmark ruling, Justice Joanita Bushara found that TASO acted negligently when it diagnosed Wataka John as HIV positive in July 2016 without properly verifying the test results, before immediately initiating him on lifelong treatment.
Wataka had voluntarily sought HIV testing at TASO Jinja in 2016. He was informed he was HIV positive, registered under number JIN:1604268, and enrolled on ARVs. For seven years, he adhered strictly to the medication, relying entirely on the organisation’s professional expertise.
The error only came to light in 2022 when Wataka attempted to access benefits from the National Social Security Fund (NSSF) under a scheme for people living with HIV. Independent laboratory tests conducted by the Fund, including PCR testing, returned negative results.
When he presented the findings to TASO, he was placed on treatment interruption and retested. Subsequent results in 2023 confirmed he was HIV negative. TASO later issued a letter dated January 23, 2023 communicating the negative result. Independent tests from MBN Clinical Laboratories also indicated negative serology.
Wataka told court that the misdiagnosis cost him his marriage, employment, and social standing, and subjected him to severe psychological trauma.
TASO admitted that its July 2016 test returned a positive result and that Wataka was placed on ARVs. It also presented a viral load result dated July 8, 2021 indicating that the virus had been detected. However, it acknowledged that later tests in 2023 showed he was HIV negative.
In her judgment, Justice Bushara ruled that TASO failed to comply with mandatory testing standards, including the World Health Organization’s consolidated guidelines for HIV testing services and Uganda’s National Implementation Guidelines for HIV Counselling and Testing (2010).
“I therefore find as a fact that the Plaintiff was started on ARVs without verification of the foundational inconclusive diagnosis,” the judge ruled.
The court found that TASO failed to provide evidence that it adhered to standard operating procedures, properly reviewed manufacturers’ instructions for test kits, or ensured appropriate storage conditions.
“Yes, medical tests may have limitations of false positives or negatives, but the Defendant did not prove on a balance of probabilities that all expectations regarding storage, handling and use of these kits were met,” the court held.
The judgment further criticised the alteration of the testing register without authentication, the absence of quality control on the material day, and the failure to retest before initiating ART.
Justice Bushara concluded that TASO’s conduct amounted not only to common-law negligence but also to a breach of statutory obligations under the HIV and AIDS Prevention and Control Act.
“The harm suffered by the Plaintiff was entirely foreseeable. ARVs carry known side effects. The stigma attached to HIV remains pervasive in Ugandan society,” she noted.
“A reasonable institution would have foreseen that misdiagnosis could destroy family relationships and livelihoods.”
The court awarded Shs 140 million in general damages for the prolonged physical, emotional, and social harm suffered. An additional Shs 50 million was granted as aggravated damages, with the judge citing TASO’s dismissive conduct and lack of remorse after the negative result was disclosed.
Interest will accrue at 10 percent per annum from the date of judgment until full payment is made.
