KAMPALA– Valerie Nanono, a minor, through her father Joseph Keeya Mwanje, has dragged Dr. Peter Wasswa, a Consultant Paediatric Haematologist based at Mulago Hospital, to court. Nanono accuses Dr. Wasswa of inducing her parents to seek his services, which resulted in irreparable loss and damage to her hearing senses.
Through her lawyers, Muwema and Company Advocates, who filed a suit before the High Court Civil Division of Uganda, Nanono seeks a court order to compel Dr. Wasswa to compensate her for the damage, treatment, and all other costs she has incurred throughout this period.
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According to the court documents, in July 2019, Dr. Wasswa, having introduced himself as a Paediatric Haematologist attached to the Uganda Cancer Institute, was entrusted with the duty of offering treatment to Nanono, who had been diagnosed with acute Lymphoblastic Leukemia.
The court documents further state that Nanono was then discharged but continued with her chemotherapy as an outpatient, still under the care and attention of Dr. Wasswa. On August 7, 2019, Nanono developed an ear infection and started discharging clear fluid from her ears. She also complained of pain in both ears.
After Nanono’s parents informed Dr. Wasswa about the ear infection, which he later confirmed after conducting a medical examination, they asked if the chemotherapy could be suspended so that she could receive treatment for the ear infection. However, Dr. Wasswa rejected their request, advising that the ear infection was a minor issue that would resolve itself with time, and told Nanono’s parents not to worry.
The court has been told that the situation worsened, and Nanono was taken to Kololo Polyclinic, where Dr. Gregory Tumweheire, a senior ENT specialist (now deceased), examined her and confirmed complete loss of hearing in both ears. Nanono was later evacuated to India, where she underwent a cochlear implant to aid her hearing sense in both ears.
The cost of the implant and its sound processor device was USD 35,050, with a hospital bill of Ug Shs 8,000,000 and Ug Shs 18,000,000 for two-year rehabilitation. The processor has a shelf life of five years, and Nanono is expected to undergo annual rehabilitation every time the processor is replaced at a cost of Ug Shs 9,000,000.
Based on the above background, Nanono seeks a court declaration that Dr. Wasswa falsely represented himself as a Consultant Paediatric Haematologist attached to the Uganda Cancer Institute. She also seeks a declaration that her permanent loss of hearing was a direct result of Dr. Wasswa’s negligent misrepresentation.
Additionally, Nanono seeks a court order for the suspension of Dr. Wasswa’s practicing license and an order for payment of medical expenses associated with her permanent loss of hearing.
On top of that, the family has asked the court to order Dr. Wasswa to pay all costs incurred in the treatment of their daughter, payment of general damages for loss of amenity, payment of general damages for pain and suffering, as well as an order for payment of exemplary damages.
