Man sues Marie Stopes over HIV infection

REPRODUCTIVE HEALTH

KAMPALA - Marie Stopes Uganda, which prides itself as Uganda's largest and most specialized sexual and reproductive healthcare organisation, has been dragged to court for allegedly distributing defective condoms of Life Guard brand.

Two people, Joseph Kintu and Sulaiman Balinya yesterday filed a suit at the Civil Division of the High Court seeking a declaration that Marie Stopes was negligent and should pay them sh22m in damages at an interest rate of 30%.

Kintu says that in October 2019, he bought a packet of Lifeguard condoms batch number 1904205 from a drug shop in Kapeeka, Nakaseke district to protect himself against sexual transmitted infections and other related consequences of unprotected sex.

He claims the condom burst during the act of sex.

Court documents indicate that Kintu later, through the media, got information that the said condoms had been declared defective by the Health ministry and National Drug Authority (NDA).

Kintu says having tested negative twice before in June and September last year, he tested HIV positive on November 6, the same year.

He further asserts that it was reported by the Minister of State for Health in her report to Parliament on November 11 last year that the batch of Life Guard condoms had been supplied by Marie Stopes to the public illegally and without following the prescribed procedure.

According to court documents, Kintu states that following the minister's statement, NDA later recalled the said batches of Life Guard condoms as they were illegally on market.

He adds that on October 22, last year he bought Life Guard condoms batch number 19050105 from Shifa Pharmacy in Ibanda town.

He says thereafter, on the same night he used the said condoms for sexual intercourse.

"On completion of the act, he realised that the condom had burst," reads part of the court documents.

Balinya states that being a regular condom user, he retained the other condoms he did not use for further consultation.

He further says that on October 24, the same year, he felt pain in his private parts and went to Ruhoko

Health Centre IV in Ibanda for treatment where he was found with gonorrhea.

"I have never been tested or diagnosed with gonorrhea or any other sexually transmitted diseases before the use of the said condoms," he stated.

Balinya asserts that he found out that NDA had recovered from Shifa Pharmacy the said defective condoms. Kintu says as a result of the negligent actions of Marie Stopes, he contracted HIV, which he also transmitted to his wife and as a result he has suffered mental anguish.

The deputy court registrar, Sarah Langa has ordered Marie Stopes to file its defence within 14 days.

On its website, Marie Stopes Uganda says it provides "a wide range of high quality, affordable, client-centered services." The services include the distribution of male condoms.