Minor sues doctor for shs172m over negligence

A minor who survived cancer has dragged a consultant paediatric haematologist to the  High Court’s civil division accusing him of gross medical negligence that she says resulted into her permanent loss of hearing.

He seeks shs172 million in compensation.

Valarie Nanono who is suing through her father,  Joseph Kkeeya Mwanje says  Dr. Peter Wasswa falsely represented himself as a consultant attached to the  Uganda Cancer Institute

The minor says that in July 2019  whilst she was nine years old she was taken ill and attended Mulago Hospital’s paediatric Oncology Ward in the company of her mother Olga Mwanje and Grandmother Agnes Chaptoris where she met  Wasswa.

Through Muwema and company advocates  Nanono says that  Wasswa who introduced himself as a consultant and an assistant professor of paediatrics, at Texas Children’s Hospital   / Baylor College of Medicine diagnosed her with acute lymphoblastic Leukaemia after that admitted her and started administering chemotherapy for four days.

Nanono says that she was discharged but continued with her chemotherapy as an outpatient under the care of Wasswa but on August  7,  2019, her sickness took a turn when she developed an ear infection and started discharging clear fluid from her ears.

According to court documents, Nanono’s parents asked if the chemotherapy could be suspended so that she could receive treatment for the ear infection but Wasswa rejected their request.

Instead,   Wasswa advised that the ear infection was a minor infection which would resolve itself with time and that there was no need to worry.

“ Unfortunately, the first plaintiff’s ear infection worsened as the discharge turned yellowish and the pain increased,” court documents say.

As a result,  Nanono says, she lost hearing in her left ear and this was brought to Wasswa’s attention but he still insisted that she should continue with the chemotherapy.

Accordingly, she says that her parents were able to consult Dr Gregory Tumweheire, a senior  Ear Nose and Throat ( ENT) surgeon at Kololo Polyclinic.

Tumweheire, who has since passed on, Nanono says tried to treat the ear infection but she was unresponsive to the treatment due to her compromised immunity caused by chemotherapy.

“ The said ENT surgeon was however able to confirm complete loss and near loss of hearing in the first plaintiff’s left and right ears respectively.”

Nanono’s condition continued to deteriorate and due to the excessive damage to her inner ear, she could neither stand nor balance on her own.

Yet still, Nanono says, Wasswa insisted and continued administering the chemotherapy.

Consequently, Nanono says that her parents begged Wasswa to write a medical report referring her to India for better medical attention which the doctor wrote, according to them after a lot of persuasion.

Whilst in India, she says that the chemotherapy was stopped immediately to allow for emergency

treatment of the ear infection which was able to heal in about 2 weeks.

“ That upon her return to Uganda on November 2019, the first plaintiff continued receiving her chemotherapy treatment from Uganda Cancer Institute until she was declared cancer-free in September 2023.”

Nanono had a cochlear implant installed to provide a sense of hearing in her right ear since the left ear was destroyed.

As a result of her hearing loss, Nanono explains that she has been robbed of a normal childhood and youth and she is also exposed to a very difficult adult life ahead with a severely impaired auditory system.

“Additionally, the first plaintiff’s education has been disrupted because she cannot attend mainstream school or take advantage of the online schooling options.”

Court documents say Nanono’s education has been disrupted because she cannot attend mainstream school or take advantage of the online schooling options.

“ That the first plaintiff is currently being home-schooled under the personal tutorship of her mother who had to abandon her job and undergo home-school training.”

It’s Nanono ‘s case that the cost of the cochlear implant and its sound processor device was $ 35, 050, the hospital bill for installation for the implant was  Shs 8 million and the 2-year rehabilitation cost her parents Shs 18 million.

She says that the processor has a shelf life of 5 years and that she is expected to undergo annual rehabilitation every time the processor is replaced at a cost of  Shs 9 million.

Nanono says that the Uganda Medical and Dental Practitioners confirmed that in April 2024 Wasswa was their registered member but when she filed a formal complaint against them it was ignored despite several reminders.

.  Nanono further says that she inquired from Uganda Cancer Institute, Globe Hope  Uganda, and Baylor College of Medicine Children’s Foundation as to whether  Wasswa was their employee at the time  Wasswa treated her but she says all the institutions denied the physician being their employee at the time.

“That for intents and purposes, it was the second plaintiff’s [ Mwanje] reliance on the defendant’s false representation that he was a consultant paediatric haematologist at the Uganda Cancer Institute that he allowed him to attend to the first plaintiff [ Nanono],” the court documents say.