A court in Kenya has ordered a leading hospital to pay a mother more than 48,000 dollars for failed birth control. The judge found that the hospital staff had been negligent by failing to implant the contraceptive of choice in her arm even though the woman supposedly went through the procedure.
The plaintiff told the court that she and her husband already had two children and didn’t want more. So on advice of the hospital the mother went for an implant -a birth control method that would prevent conception for three years. But a year later she discovered she was pregnant.
She told the court that the unplanned pregnancy caused her emotional plain, financial strain and marital problems. the Aga Khan hospital, was served the court papers but did not appear in court.
The case proceed and eventually the judge ruled that the hospital staff had been negligent . He awarded the mother 5,000 dollars for damages and 43,000 as living expenses for the child up to the age of 18.