Man Sues TASO Over False HIV Results

Written by: 
CHRISTOPHER TUSIIME

A one Balikuddembe Mukasa has sued The Aids Support Organisation (TASO), an HIV and Aids free service initiative, for giving him false HIV- positive test results, making him suffer serious damages.

Mukasa filed the suit on June 28, 2016, with proof that three years back, on June 13, 2013, TASO called for a free public HIV/AIDS testing in Masaka taxi park, and he turned up.

Consequently, after testing, TASO officials confirmed that Plaintiff Mukasa was HIV-positive, and therefore referred him to their TASO branch in Masaka to begin treatment.

It's after this agonising experience that Mukasa, who attached a copy of TASO's referral letter confirming him as a HIV/AIDS patient to the plaint, told his wife about the 'positive status' by TASO.

Mukasa, who attached a copy of TASO’s referral form confirming his HIV positive status, said he told his wife about his positive result as declared. Through his lawyers, Tumwebaze, Kasirye and company advocates, he said his wife left their matrimonial home.

Mukasa said that, because he was skeptical about the results, he On June 17, 2013, went for another HIV test at Uganda Cares. Plaintiff Mukasa, who has attached the second test result from Uganda Cares on the plaint, said the result turned out negative.

“The plaintiff [Mukasa] immediately went back to the defendant’s [TASO] branch at Masaka where he disclosed the results from Uganda
Cares and the defendant decided to take another blood sample from the plaintiff for further HIV test and promised to communicate its finding to the plaintiff in a week’s time,” reads part of Mukasa's plaint.

But surprisingly, Mukasa said, TASO never communicated the findings to him.

On July 5, 2013 Mukasa said he went to Uganda Research Unit on Aids in Masaka and took another HIV test. He said the result came back indeterminate and he was then urged to take a Polymerase Chain Reaction (PCR) test.

According to Mukasa. PCR test done by the Joint Clinical
Research Center, on July 15, 2013, confirmed he was HIV-negative.

“The test not only confirmed the plaintiff as negative but also proved that the defendant [TASO] was negligent and or fraudulent in declaring the plaintiff HIV-positive
yet he was not,” the plaint said.

It's now basing on these verifications that Mukasa said that
TASO was negligent by using out-dated equipment, which returned a
false result. Additionally, he accuses TASO of employing incompetent personnel to carry out the HIV test.

“The plaintiff shall aver and contend
that by reason of the defendant’s conduct as above portrayed; he suffered mental anguish, stress, ridicule, lost his wife’s companionship for which general damages shall be claimed,” the
plaint reads further.

The case is now before justice Patricia Basaaza Wasswa in High court, Kampala where TASO officials have been called to defend themselves, as Mukasa wants exemplary, punitive and general damages.