As Uganda joins the rest of the World to commemorate World AIDS Day, two men who say they contracted the disease through using defective Lifeguard Condoms have appeared before the High Court today seeking recovery of Shs 22M for their violated right to health.
Joseph Kintu and Sulaiman Balinya in February this year dragged a health service provider Marie -Stopes Uganda to court accusing it of negligently allowing fake condoms on the market which they ultimately bought, used and contracted Sexually Transmitted Diseases (STDs) including HIV/AIDS.
Kintu specifically argues that on 1st October 2019, he bought a packet of life guard condoms from a drug shop in Kapeka – Nakaseke to protect him self against Sexually Transmitted Diseases and other related consequences of unprotected sex.
However during intercourse, the condom burst hence exposing him to unprotected sex from which he tested HIV+ despite having tested HIV negative twice before in June and September 2019.
For his part Balinya states that on 22nd October, 2019, he bought Life Guard condoms from Shifa Pharmacy in Ibanda town and used it the same night, however upon completion of the act he realised that the condom had burst and was leaking.
He adds that on 24th October, 2019, he felt lots of pain in his genitalia, and upon a medical check – up at Ruhooko Health Centre IV in Ibanda confirmed he had contracted gonorrhoea after the sexual- inter course.
The two men contend that later they learnt through media reports that the said batch of life guard condoms had been recalled by the National Drug Authority (NDA) after it had been illegally distributed by Marie stopes.
As a result the alleged negligent acts of Marie stopes, Kintu contracted HIV which he also transmitted to his wife while Balinya contracted gonorrhoea which they say has caused them alot mental anguish and inconvenience.
They two men have this morning appeared before Justice Musa Ssekaana who has given the Attorney General and Marie Stopes upto 16th December 2020 to file a defence to the their claims.