A Syracuse attorney is taking on the case of a four-year-old boy who had a seizure while watching his brother play a video game on his PS2.
The attorney, Michael P. Kenny, has taken Sony and Vivendi to court over the video game Spyro: Enter the Dragonfly because of certain "seizure triggers" in the game, which was released in 2002. The case was filed in 2007, but is just entering the discovery phase.
Kenny, who has set up a site with information about video game induced seizures, is also soliciting more people to come forward in the apparent hopes of setting up a class action suit.
According to the news release from Kenny:
"The video game companies know there is a problem, and they choose not to fix it. The video games seizures have a cause, and the manufacturers choose not to correct it." Kenny asserts that the video game manufacturers knowingly place their financial gain ahead of people's health. He added, "Without federal legislation to compel the video game companies to take action, we have no choice but to litigate on behalf of the victims."
The release also points out that using a Cambridge professor's device known as the Harding Flash and Pattern Analyzer could help prevent photosensitive epileptic seizures:
The Harding Flash and Pattern Analyzer has used by television broadcasters in the UK to identify seizure-inducing light movement, and Kenny uses the device to analyze video games. He noted that the federal government limits the number of flashes per second from the strobe warning lights in its facilities. "The government is willing to take basic steps to protect people in federal buildings," Kenny said, but "video game manufacturers have not taken the same steps to protect our children at play."
Legitimate concern or another lawyer captilizing on the ills of video games?