High Court in Kampala.
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 allegedly resulted in permanent loss of hearing.
Valarie Nanono, who is suing through her father Joseph Kkeeya Mwanje, accuses Dr Peter Wasswa of falsely representing himself as a consultant attached to the Uganda Cancer Institute. She consequently wants over Shs172 million in compensation.
Nanono says that in July 2019 aged just nine, she was taken ill and attended to at Mulago Hospital's paediatric oncology ward. Nanono further discloses that she was in the company of Mwanje, her father, Olga Mwanje, her mother, and her grandmother Agnes Chaptoris when she met Dr Wasswa.
Through Muwema and company advocates, Nanono also reveals that Dr 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. Thereafter she was admitted where chemotherapy was administered for four days. Nanono says that she was discharged but continued with her chemotherapy as an outpatient under the care of Wasswa. However, on August 7, 2019, her sickness took a turn when she developed an ear infection and started discharging clear fluid from her ears.
Accusations
Court papers say that Nanono’s parents asked if the chemotherapy could be suspended so that she could receive treatment for the ear infection. Dr Wasswa reportedly rejected their request. Instead, Nanono says in her court case, Dr Wasswa advised that the ear infection was a minor infection. The infection, he added, would resolve itself with time further noting that there was no need to worry.
“Unfortunately, the first plaintiff’s ear infection worsened as the discharge turned yellowish and the pain increased,” the court papers say.
As a result, Nanono says, she lost hearing in her left ear. While this was brought to Dr Wasswa’s attention, 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. Dr Tumweheire, who has since passed on, per Nanono tried to treat the ear infection. She was, however, 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,” the court papers say, adding that Nanono’s condition continued to deteriorate and as a result, due to the excessive damage to her inner ear, she could neither stand nor balance on her own.
Off to India
Yet still, Nanono claims, Dr Wasswa insisted and continued administering the chemotherapy. Consequently, Nanono says that her parents begged Dr Wasswa to write a medical report referring her to India for better medical attention. The latter only obliged, 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. This, the court documents show, was able to heal in about two weeks.
“That upon her return to Uganda, in November 2019, the first plaintiff continued receiving her chemotherapy treatment from Uganda Cancer Institute until she was declared cancer-free in September 2023,” the court papers say, adding that 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. The teenager also notes that 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 papers say, adding that 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,” the court papers say.
Cost of treatment
It is 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 Shs8 million and the two-year rehabilitation cost her parents Shs18 million. She says that the processor has a shelf life of five years and that she is expected to undergo annual rehabilitation every time the processor is replaced at a cost of Shs9 million.
Nanono further says that the Uganda Medical and Dental Practitioners confirmed that in April 2024 Dr Wasswa was their registered member, but when she filed a formal complaint against them it was ignored despite several reminders. When this writer reached out to the Uganda Medical and Dental Practitioners they refused to comment because the case is now before the court.
Nanono also says that she inquired from Uganda Cancer Institute, Globe Hope Uganda, and Baylor College of Medicine Children’s Foundation as to whether Dr Wasswa was their employee at the time. Dr 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.
