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Nintendo Video game triggers dormant seizure condition in teen- age plaintiff - Failure to provide adequate warnings regarding the risk of seizures alleged.

Macomb County, Michigan

This was an action brought on behalf of the minor female plaintiff, age 15 when she suffered a Grand Mal seizure while playing a Nintendo videogame on a television set in her home. The plaintiff contended that the defendant Nintendo failed to provide adequate warnings regarding the risks associated with playing its videogame, including the risk of seizures to those predisposed to developing a seizure disorder.

The subject incident occurred on December 11, ________. The evidence indicated that the plaintiff was transported to the hospital following the seizure where she was diagnosed as suffering from photosensitivity triggering epilepsy. The condition was inactive until the day of the subject incident. The plaintiff suffered two subsequent seizures, one of which occurred while viewing a Michael Jackson concert.

The plaintiff contended that the defendant Nintendo failed to provide adequate warnings regarding the potential for the activation of an underlying seizure disorder. The plaintiff parents contended that they would not have permitted their daughter to play the videogame had they known of this risk. The medical testimony indicated that the plaintiff must be maintained on anti-seizure medication indefinitely and claimed medical expenses in this regard. The plaintiff additionally claimed a diminution in earning capacity due to the limiting of job opportunities as a result of having developed a seizure disorder.

The defendant maintained that at the time of the subject incident, the link between videogames and activation of seizure disorders was not known in the industry. The defendant’s expert pediatric neurologist testified that the epilepsy was a condition with which the decedent was born and that anything to which the decedent was photosensitive could have triggered it. The jury found for the defendant.

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