A former U.S. Navy pilot says that a video game gave him a grand mal seizure that caused him to lose his flight status. John Ryan McLaughlin says he was playing the game Elder Scrolls IV: Oblivion when "strobe lights" within the game (we assume he means bright multi-colored, flashing lights) gave him "a grand mal seizure for the first time in his life," causing excruciating pain and breaking a bone. The former F-18 pilot, says the seizures caused him to permanently lose his flying status.
He is suing Bethesda Softworks and its corporate parent, Zenimax Media, and Sony Computer Entertainment, which makes the Playstation 3. He apparently suffered the inuries on March 28, 2010. McLaughlin claims that the seizures were caused by the "defective product."
"The product was so designed that it exceeded the upper acceptable limit of more than 3 flashes over a 1 second period, as well as acceptable spatial pattern and luminance flash limits. These risks were not made known to the plaintiff and/or an ordinary consumer prior to the time of purchase," according to the defendant's lawyer. The defective and dangerous condition of the product, and that it was unsafe for the use and purpose for which it was intended when used by certain consumers as recommended, was expected and reasonably anticipated by the defendants, and each of them, or in the exercise of ordinary and reasonable care should have been known and discovered by defendants, and each of them."
McLaughlin is seeking "punitive and damages for negligence, breach of warranty, and product liability. He is being represented by Dennis Minna of Santa Ana.
Source: Court House News