Man wants N$1m for ‘bad medicine’ that lowered his sperm count

A PHARMACY in Rundu has been asked to pay N$1million in damages for allegedly giving a customer the wrong fertility drug which reduced his sperm count, rendering him unable to conceive a baby with his wife for month.

On October 17, 2022, Fillipus Kavera, through his lawyer Bernhard Tjatjara, wrote a letter of formal notice to the KAVMED pharmacy.

Kavera is claiming emotional shock and suffering and damages based on the side effects of Depo Provera that she was prescribed in place of Depo-Testosterone.

In the letter seen by The Namibian, Tjatjara recounts that on August 29, 2022, his client’s wife went to the pharmacy with a medical prescription for Depo-Testosterone for her husband.

However, the pharmacist dispensed the wrong prescription for Kavera and his wife was given Depo Provera instead of Depo-Testosterone.

“Our client was inoculated with Depo Provera (a contraceptive for women) instead of Depo-Testosterone by his personal physician.”

Kavera and his wife visited two doctors in Windhoek to get a professional opinion to determine the side effects of the Depo Provera injection. It was later determined that the Depo Provera given to Kavera had decreased his sperm value and count, which he had to endure for four to six months.

“Our client expected the pharmacist to perform her duties with reasonable professional skills for a pharmacist and in the circumstances. We therefore hold instructions that our client has experienced and is still experiencing emotional pain and suffering, shock and trauma,” reads the demand letter.

“At the premises, we have been instructed to demand a total of N$1 million in damages, medical, legal and transport costs incurred during the period.”

For emotional shock, pain and suffering, Kavera is suing the pharmacy for N$470,899. For delayed procreation caused by reduced sperm count and his inability to father a child with his wife for the next four to six months, Kavera claims N$500,000, while for their legal, medical consultation, travel and accommodation costs, Kavera claims N$29,100.

The pharmacy had 30 working days from the date of service of the formal notice to respond.

KAVMED RESPONDS WITH AN OFFER

Kavmed Pharmacy’s legal representative, Himwika Amunyela, of Van Wyk Legal Practioners, in a response letter dated November 3, denied any responsibility in the matter and offered to pay Kavera N$30,000.

“Without admitting any liability in this matter, we are instructed to make the following offer: a lump sum payment of N$30,000 as full and final settlement, inclusive of all legal fees, pain and suffering, and medical expenses.

“The offer is valid for a period of 14 days from the date of receipt hereof, failing which claimants may seek redress in court,” the letter reads.

Comments are closed.