Hospital ordered to pay woman $48,000 after her birth control failed

The judge said the private hospital in Nairobi had been negligent.

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It's pay day for a woman in Kenya after a court ordered Aga Khan University Hospital to pay her $48,000 (about N9.5million) after she became pregnant despite having a contraceptive implant procedure.

The judge said the private hospital in Nairobi had been negligent and ordered the hospital to pay the mother $5,000 (N995,000) in damages and $43,000 (about 8.5 million) towards the cost of bringing up the child.

According to BBC, the woman said that she had the implant because she and her husband already had two children and did not want more, and was told that it would prevent her getting pregnant for three years.

The hospital is yet to make any comment, and according to the judge, despite being served court papers, no representative from the hospital appeared in court.

The woman who told the court that she became pregnant a year after the procedure, said the unplanned pregnancy caused her emotional pain, financial strain and marital problems, partly because her husband thought she had lied about seeking contraception.

Kenyan daily, Kenyan Standard quoted the judge as saying,

"Doing the best that I can with the material before the court I will award 20,000 shillings (about N40,000) per month for 18 years. In arriving at this figure, I have taken into account that the cost of living will probably keep rising as the years go by,"

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