Child injected with HIV tainted injection awarded sh10m

Rosemary Namubiru in court. Photo/File

KAMPALA - A city hospital has agreed to compensate sh10m to a child who was injected with a needle contaminated with HIV infection blood in 2014.

On May19, 2014, Rosemary Namubiru, a nurse who was attached to Victoria Medical Center Limited was convicted for injecting a 2-year old baby with a needle contaminated with HIV blood after a four month protracted trial.

Buganda Road Chief Magistrate then, Olive Kazaarwe sentenced Namubiru to a three year jail term after finding her guilty of negligence.

Handing down sentence in a packed court room, the Magistrate noted that Namubiru lacked remorse for her actions.

In her defence, Namubiru told court that she had decided to administer intra-venous fluids through the boy's arm, but had difficulty finding a vein in which she could insert the needle.

"I accidentally hurt my finger but I had no intention of passing the virus to the boy," she stated.

However, the child was not infected with HIV.

The HIV/Aids activists said the nurse had not acted maliciously, and her life had been ruined.

Now after six years, the hospital has agreed to pay sh10m to the victim who dragged it to the Civil Division of the High Court through his next of kin Ruth Mushabe, being a minor seeking for damages. The Hospital had been jointly sued with Namubiru. 

At the time of filing the case, Mathew Mushabe was aged two years and could not lodge a case before the Courts of law on his own.

In a consent judgment, seen by New Vision dated February 4, 2019, the hospital through its Chief Executive Officer, Elizabeth Mayanja said it will pay the money in installments of sh1m per month until full payment.

However, it still denies any negligence of liability on its side.

"The first defendant shall pay sh10m to the plaintiff without prejudice to its good defence to the claim and in no way admits any negligence of liability."  The consent agreement reads in parts.

Mayanja signed the agreement on behalf of the hospital while Ruth signed on it on behalf of the victim.