The Agha Khan University hospital has been directed to pay a woman Sh4.3 million over what is said to be a failed contraceptive implant.
High Court Judge Hatari Waweru directed the University hospital to pay the woman the amount as compensation, after she conceived despite having been assured that a contraceptive administered to her would prevent pregnancy.
The woman is said to have consulted the hospital's family clinic for a contraceptive as she did not want to have any more children.
She was on July 4, 2011 advised that an implant known as Implanon would be the most suitable for her and would protect her from conceiving for three years.
In August 2012 the woman was surprised when her menses failed with a home pregnancy test coming out positive.
In a report on The Nation, the woman visited the hospital on August 10, 2012 where the pregnancy was confirmed with other tests by the hospital staff confirming that no Implanon had been implanted after all.
The Judge awarded her Sh20,000 per month for 18 years saying he had put into consideration that the cost of living would increase as the years go by.
The hospital was also ordered to pay the woman a Sh500,000 for pain and loss of her comfort, The Standard reports.
According to the woman, the reason she did not want a third child whom she gave birth to on March 26, 2013 was because she and her husband were already struggling to bring up their two children.
