TASER International's 100th Lawsuit Dismissal Won on Summary Judgment

Comments received on this post as follows:

Notice the case was thrown out, "without prejudice", meaning that it can be re-filed in the future. And it was all "based on available evidence in 2003", a time when the company probably claimed it had no idea that their products could cause death.

The above comment is inaccurate. The case was dismissed with prejudice; summary judgment was granted; it cannot be refiled.

It is important to note that despite Taser's inference to the contrary, the Court said that the ruling was not inconsistent with any of the rulings in the prior Heston case where Taser lost. Specifically, here the Court did not rule against the Plaintiffs based on their theory of how Rosa died, but only as to the knowability of their theory at the time he died.

November 23, 2009
CNN

Landmark Ruling in U.S. District Court for the Northern District of California in the Ninth Circuit

SCOTTSDALE, Ariz., Nov. 23, 2009 (GLOBE NEWSWIRE) -- TASER International, Inc. (Nasdaq:TASR), a leading provider of technology solutions and the market leader in electronic control devices (ECDs), announced that on November 20, 2009, the United States District Court for the Northern District of California entered an order and judgment for TASER International in the arrest-related-death lawsuit entitled Rosa v. TASER International, et al. granting TASER International's motion for summary judgment. Plaintiffs were represented in the Rosa case by California attorneys: John C. Burton, Peter M. Williamson, John F. Baker, and Peter T. Cathcart. Plaintiffs filed their lawsuit in 2005, and aggressively litigated their case for 4 years. The medical examiner had determined cause of death was from the methamphetamine Mr. Rosa ingested.

The Court noted that "California courts require that plaintiffs present evidence of 'general recogni[tion] and prevailing best scientific and medical knowledge' to meet the 'known or knowable' element of a strict liability claim." In addition, the court noted that the "evidence is insufficient as a matter of law to raise a triable issue as to 'knowability' of the risk,... [and] insufficient to create a triable issue as to whether TASER should have known of the risk."

The Court also noted that "TASER has developed a comprehensive warning system in which every ECD sold or distributed is accompanied by a training CD/DVD and operating manual to be used by TASER-certified instructors," and that Defendant's expert Dr. Raymond Fish "unequivocally rejects the theory that ECDs on humans decrease respiration and cause dangerous acidosis."

In granting TASER's motion for summary judgment, the Court stated that TASER International's assertions "are well-taken" that there are no genuine issues of material fact with regard to whether, "the alleged propensity of ECDs to cause metabolic acidosis was known or knowable on December 30, 2003, when the ECDs in question were shipped from TASER to its distributor; [and]... TASER's warnings with respect to the dangers posed by application of its ECDs were adequate..."

"It is important to note that this case was brought by the same plaintiff's counsel, using fundamentally the same liability theory as the Heston case in 2008," and "it is ironic that this case is won in the same week as TASER filed its opening appellate brief in the 9th Circuit Court of Appeals in the Heston case," said Doug Klint, President and General Counsel of TASER International. "Studies published since the Heston trial have largely disproven the acidosis theory, demonstrating that the exertion effects associated with TASER(R) ECD discharges are lower than several other physical force tactics. We believe the findings from the court in this most recent case is an important landmark for both law enforcement and the Company. TASER International will continue to aggressively defend all litigation filed against the Company and will seek all recoverable costs from plaintiffs."

Lawsuit pushes some to question use of tasers

February 7, 2009
By Rebecca Catalanello, St. Petersburg Times

Tasers are getting a second look by some law enforcement agencies that have come to rely on the stun guns as an alternative to more lethal force, according to a federal judge ruling on a California case.

But Hillsborough deputies and Tampa police say they remain convinced of the instrument's merits despite the questions raised in the lawsuit about risks associated with Taser.

"From our perspective, it appears that Taser has reduced injuries and saved lives," said Tampa Police Department spokeswoman Andrea Davis.

Last week, U.S. District Judge James Ware ordered Taser International to pay $1.4 million in attorney fees to the family of a man who died after being shocked several times. The judge noted that the case is causing officers around the globe to rethink how they use the weapon.

Robert C. Heston died in June 2005 after being jolted repeatedly by Salinas, Calif., police during an arrest. Last year, a jury in the case handed Taser its first product liability lawsuit defeat, ruling that the company did not do enough to warn officers of the risks associated with the gun.

"The notoriety of Plaintiff's first-of-its kind verdict, in some circumstances, has prompted a number of TASER customers and prospective customers to consider the risk of repeated and prolonged Taser electric charges on individuals in an excited or delirious state," Ware wrote in the order, signed Jan. 30.

In Hillsborough County, where a man died last year after being shocked by a Taser three times, sheriff's spokeswoman Debbie Carter said the California case so far has had no effect on how deputies are trained to use Tasers.

Roney Wilson, 46, died Sept. 11, after deputies shocked him three times. Wilson had barricaded himself in his mother's truck in Plant City and smashed out the windshield when his family called 911 for help.

A medical examiner on Wednesday said Wilson's cause of death was "agitated delirium," a controversial diagnosis frequently associated with Taser-involved deaths. But Dr. Leszek Chrostowski couldn't say what role the Taser played.

In the California case, a jury concluded that repeated electrical shocks from a Taser caused so much acid to build up in Heston's body it sparked cardiac arrest.

Taser International should have known about the danger, the jury said, and warned officers.

Asked for response to Ware's decision, company spokesman Steve Tuttle sent this e-mail: "Our insurance company has indicated that it will appeal the latest ruling concerning the attorney's fees."

The judge noted in his order that Taser still hasn't adopted a warning that addresses the risks of metabolic acidosis.

Peter Williamson, the attorney for Heston's family, said the case makes it clear law enforcement should not rely solely on the information about Tasers provided by its publicly traded Arizona manufacturer.

"You have to take what Taser says with a grain of salt because they filter everything through a very specific lens," Williamson said.

Though the jury's Heston verdict stands, a judge threw out its $5.2 million award in punitive damages in October. The company issued a press release then saying it would keep pursuing other legal channels in the Heston verdict, including an appeal.

In his most recent order, Judge Ware noted that police in Australia cited the Heston case in its move to develop policies on how to handle people showing characteristics associated with "excited delirium."

And Taser is being reconsidered in other places.

Some police agencies in Canada pulled the weapon off the street and ordered testing after a Canadian Broadcasting Corporation investigation aired in September showing some Taser models delivered more volts than the manufacturer said was possible.

In Las Vegas, the Police Department recently ended its practice of shocking officers during Taser training after getting complaints of injuries. Three employees filed lawsuits, and the agency's former sheriff stated in a court document that he believes Taser downplayed the risk of the guns in order to sell them to police.

Tampa Police Department attorneys are aware of the California case, but like Hillsborough, they expect no changes in how officers use the gun, spokeswoman Davis said. The agency's use of the Taser since 2005 has lowered the number of police shootings from 18 between 2002 and 2004 to 13 since 2006, she said.

Both Hillsborough and Tampa have written policies that bar officers from "repeatedly drive stunning" subjects in most cases. That means they shouldn't press the gun directly against a person's skin repeatedly.

In a preliminary review of the Wilson death, sheriff's administrators found no fault with the deputies' actions after they shocked him three times.

Chrostowski, the medical examiner, said Wednesday that Wilson was in a state of agitated delirium before deputies arrived. He said Wilson's stress at being detained while in that physical state contributed to his death.

Williamson, the Heston family attorney, said the key is how the Taser is used on a person in that state. One shock of the Taser should be enough, he said.

"We don't have a problem with the Taser being used," Williamson said, "but not multiple applications."

Wilson's family has retained attorney Mary Jo Meives of Hollywood. She declined comment, pending her review of the medical examiner's report.

Judge awards $1.4M to lawyers in Taser lawsuit

February 5, 2009
The Associated Press

SAN JOSE, Calif — A federal judge has ordered Taser International to pay $1.4 million to lawyers for the family of a Salinas man who died after police officers repeatedly shocked him with stun guns.

U.S. District Court Judge James Ware last week ordered the Scottsdale, Ariz. company liable for attorneys fees accrued by the family of 40-year-old Robert Heston. In June, a jury held Taser responsible for Heston's 2005 death and awarded his family $6 million.

Jurors found that Taser did not inform officers the device could be harmful if used repeatedly. Heston died a day after officers used Taser devices as many as 30 times while trying to subdue him.

An autopsy showed that Heston died from methamphetamine intoxication, an enlarged heart and the Taser shocks.

Taser: Novel trial theme nearly causes taser investors cardiac arrest

November 29, 2008
Steve Lombardi, Attorney, InjuryBoard.com

Category: Defective & Dangerous Products

Tags: Taser, wrongful, death, personal, injury

The Court Argument: Prolonged or repeated Tasering causes acidosis, an excess of acid in the bloodstream. The acidosis, in turn, can cause cardiac arrest.

That argument coupled with a failure to warn law enforcement by the manufacturer caused Taser International’s stock to hiccup 10% while stock holders let their stomach’s settle. The jury returned a verdict that included $5 Million in puntive damages, an award that was taken away by the trial judge.

It’s a nice tight argument but I’d need to see the medical literature that supports the acidotic theory. It worked in Los Angeles but will it work elsewhere? That is the question that will get Taser International stockholders reaching for the Rolaids.

Posted by Anon
Saturday, November 29, 2008 6:22 PM EST

The question whether the acidosis increase argument will work elsewhere (or again)? The answer is "no." This is based on solid, and unrefuted, current and soon to be published human research. The bottom line is that 60 seconds of struggle, running 200 yards (less than 30 seconds), 30 seconds of push ups, etc. create far greater increases in acidosis (actually increases in lactate and decreases in pH) than a 15 second continuous TASER device exposure (even in worst caes exposure scenarios). Thus, using a TASER device to expeditiously end an arrestee's fighting and struggling is far better for the person (as far as acidosis) than to allow the person to continue fighting, resisting, struggling (which dramatically increases the risk of physiologically compromising acidosis).

Posted by Steve Lombardi
Saturday, November 29, 2008 6:43 PM EST

Anon: I'll give you the opportunity to identify yourself. If you don't use your legal name I will remove your comment. I have to wonder how it is you know about research that has yet to be published? Do you work for Taser International? Are you a stockholder? What is your connection to Taser International, if any?

Steve Lombardi

For Taser, suit ends in lose-one, win-one scenario

November 28, 2008
Abigail Goldman, Las Vegas Sun

Three years ago in Salinas, Calif., police used Tasers to repeatedly shock 40-year-old Robert Heston. He died the next day.

Heston had been high on methamphetamine and living with an enlarged heart because of long-term drug abuse. Still, in June, a jury found the Tasers were partially to blame for his death.

This was Taser Inc.’s first loss in civil court, a significant event that’s nonetheless overshadowing the bigger story here: The medical evidence that Heston’s attorneys used to win the case could do a lot more damage to Taser International Inc. than the lawsuit itself.

Heston’s attorneys presented a novel argument: Prolonged or repeated Tasering causes acidosis, an excess of acid in the bloodstream. The acidosis, in turn, can cause cardiac arrest. Unlike other arguments against the Taser’s safety, which have been unsuccessful partially because they’re bogged down with complicated science, the Heston case presents a tidy medical cause and effect that worked with one jury.

In other words, don’t be surprised if you hear about Taser acidosis deaths again.

Heston’s attorneys have taken on similar cases and their quotes in the media give Taser warnings about what could come.

As John Burton, one of those attorneys, told Bloomberg News, “I think Taser’s going to have to rethink its litigation strategy and its warning policies.’’

Local observers have taken notice as well.

“It’s a new argument that’s a lot cleaner and less complicated to prove,” said Maggie McLetchie, staff attorney for the American Civil Liberties Union of Nevada. “It will help push the dialogue forward on the proper use of Tasers.”

Jurors in the Heston case determined that Taser failed to warn police that multiple shocks could cause cardiac arrest. Heston’s family was awarded about $5.2 million in punitive damages. Shortly afterward, the Arizona-based company’s stock fell just more than 10 percent. Taser International filed a challenge to the damages award and requested a new trial.

Taser didn’t get a new trial, but it did get the millions of dollars back. In October a judge threw out the punitive damages. This is because the Heston jury only ruled that Taser should have known the device can cause cardiac arrest, not that company officials actually did know — enough of a distinction to clear the company of product liability problems.

Now Taser is indebted to the Heston estate for less than $200,000 in compensatory damages.

An article in the Monterey County Herald noted that each side claimed this was a victory, and each side is right.

Heston’s attorneys have successfully held Taser liable for negligence, a precedent that could affect lawsuits to come.

Taser, in turn, saved itself some money, cash the company may need later, should the Heston argument work again.

Taser International spokesman Steve Tuttle would not comment directly on the Heston case, but provided a company news release on the subject. In that release, Taser attorney Doug Klint said he was pleased with the outcome, but still considering filing an appeal.

The release also emphasized that the Taser device was deemed only 15 percent responsible for Heston’s death.

It’s easy to understand why the company wants to affirm that it is not a lethal weapon. That is, after all, a linchpin of Taser’s sales to more than 13,000 law enforcement, correctional and military agencies in 44 countries.

In Clark County, there are five lawsuits pending against Metro Police for incidents in which officers shocked people with Tasers. The department has a good record when it comes to these kind of cases — it has defeated five so far.

Judge cuts award in taser death

October 28, 2008
By VIRGINIA HENNESSEY, Monterey County Herald

A federal judge has thrown out a jury's award of $5.2 million in punitive damages in the case of a Salinas man who died after police stunned him with Tasers. The ruling leaves intact only $180,000 in compensatory damages for the family of Robert C. Heston, who died Feb. 20, 2005, a day after he was stunned numerous times by Salinas police officers at his father's home.

Judge James Ware agreed with attorneys for Taser International that the jury could award punitive damages only if it found the company knew of the potentially deadly dangers of its product and intentionally sold it without sufficient warnings.

In a complicated 26-question verdict form, the jury found Taser failed to warn the Salinas Police Department of the weapon's risks, contributing to the officers' decision to stun Heston numerous times. However, the jury said though the company should have known Tasers could cause cardiac arrest, it didn't. The verdict cleared Taser of product liability violations, which could have carried punitive damages.

In his ruling Friday, Ware rejected Taser's motion for a new trial, saying there was sufficient evidence to find the company liable for negligence and compensatory damages.

Each side claimed victory with the ruling, and said it is considering an appeal.

"Taser International is obviously very pleased with Judge Ware's ruling with respect to punitive damages," said Doug Klint, general counsel for Taser. "The jury, in this case, clearly exceeded its ability to award punitive damages, which are not permitted under California law on a finding of negligent failure to warn." Klint said the company will "consider all appropriate legal channels" with relation to the negligence verdict.

John Burton, attorney for Heston's parents, Betty Lou and Robert H. Heston, said the judge's ruling was disappointing, but "not unexpected. Everybody's disappointed to have a jury who wanted to assess $5.2 million (in damages) against Taser and have it taken away on technical reasons that have nothing to do with the case," he said. "The important thing is that (Ware) affirmed the liability that Taser did not give warnings that Tasers kill people," he added. "This is one battle in a much bigger war about the safety of these devices."

Burton is scheduled for trial in federal court in June against Taser and two Seaside police officers in the August 2004 death of Michael Rosa. The Pasadena attorney recently filed another lawsuit against the company on behalf of a Santa Cruz County man who sustained brain injuries when he was stunned by Watsonville police.

Like many who have died after being "tased," Heston was in a violent, methamphetamine-induced state when his father summoned police in February 2005. Initial shocks did not phase the 40-year-old man and police continued to fire.

Attorneys in the case agreed that numerous officers shot Taser prongs into Heston, triggering two dozen 5-second cycles, though defense attorneys argued that some of the prongs missed him.

Burton argued Taser International failed to warn Salinas police that prolonged exposure to "tasing" can cause a change in blood chemistry and induce cardiac arrest.

The jury found the weapon can cause acidosis — a reduced level of alkalinity in the blood — but said Taser was unaware of the danger when it sold the "non-lethal" weapons to Salinas police.

The company has since begun warning police agencies of the risk.

Taser International suffers rare court loss

June 10, 2008
CTV News Staff
With a report by CTV's Tom Walters in Los Angeles

Taser International suffered a rare legal loss when a U.S. court found the company liable in the wrongful death of a 40-year-old California man. Taser has won dozens of similar lawsuits in the past.

A federal jury of five women and two men found that Taser allegedly knew -- or should have known -- that prolonged exposure to one of its stun guns poses a substantial risk of cardiac arrest.

"Excessive use of this device can kill people," said lawyer John Burton.

Taser must pay $5 million in punitive damages and $1 million in compensatory damages to the parents of Robert Heston, who died in 2005 after being continuously shocked by stun guns for nearly 75 seconds.

During the incident, Heston suffered a heart attack that caused brain damage, and was removed from life support the following day.

The court found that when someone is shocked by a Taser device, their muscles release lactic acid. If someone is shocked repeatedly and for a prolonged period of time, the increasing amount of lactic acid can increase the risk of heart failure.

On Monday, three days after the court decision, Taser's stock dropped nearly 12 per cent.

In a press release, Taser stressed that the company's products were not found to be the sole cause of Heston's death. The release was titled: "Jury Finds Extended Taser Device Application 15 Percent Responsible for Arrest Related Death of Robert C. Heston."

Doug Klint, vice president of Taser International, noted that Heston was high on crystal meth when police officers deployed their stun guns. "We are disappointed that the jury awarded compensatory and punitive damages in this case given the many world renowned experts that testified to the fact that the Taser ECD was not a causal factor in this death, which fit the well established symptom pattern for methamphetamine intoxication and associated excited delirium," Klint said in the press release.

"Taser International intends to pursue appropriate legal channels, including a motion for a new trial, judgment notwithstanding the verdict and filing an appeal in this matter."

Tasers could cause cardiac arrest, doctor says

May 20, 2008
Neal Hall, Vancouver Sun

The electrical shock from a Taser stun gun used by police could cause cardiac arrest, a Vancouver heart surgeon told a Taser inquiry today.

"One can conclude the risk of death from a Taser is small but not insignificant," said Dr. Michael Janusz, a heart surgeon at Vancouver General Hospital.

"Tasers must be regarded as being capable of causing cardiac arrest," he said. "The device appears to be safer for all concerned, including bystanders, than guns and clubs, but its consequences are not trivial," he added.

"Hearts don't simply stop," he told inquiry commissioner Thomas Braidwood.

Janusz said there has to be underlying heart disease or other contributing factors such as lack of oxygen due to asphyxia or massive blood loss or severe metabolic abnormalities such as acidosis or abnormal potassium levels.

He said first responders should be thoroughly trained in providing first aid and use of a defibrillator.

Another expert, Vancouver cardiolist Dr. Charles Kerr, made s similar submission.

Janusz also questioned the credibility of Taser International, the manufacturer of the Taser. The company maintains Tasers could not cause cardiac arrest.

"This creates a problem with respect to the credibility of the company and could lead to difficulty in dealing with the company in matters of safety standards and training requirements," he said.

Kerr, who practises in the field of electrophysiology and is current head of the Arrhythmia Management program at St. Paul's Hospital and the University of B.C, told the inquiry that a heart beats as the result of an electrical impulse.

Of most concern about the use of the Taser is the electrical function of the heart ventricles, the main pumping chambers of the heart.

Kerr said there is a potential for harm and cardiac arrest.

"It is my opinion that there is a small possibility that an electrical discharge from a Taser dart could directly induce ventricular fibrillation," he said.

Kerr said the pain inflicted by the Taser causes intense muscle contraction, an increase in heart rate and adrenaline-like chemicals and sympathetic nerve discharge.

"This coupled with subsequent physical restraint of the individual could also result in the inability to breath adequately and possibly a drop in oxygen levels and changes in the acid balance in the blood, which would make the patient more prone to ventricular arrhythmias."

While the Taser appears to be a much safer weapon than guns for both victims and police, police do not seem to recognize that Taser use could lead to death, Kerr said.

In such situations, he added, people should be ready to perform cardio-pulmonary resuscitation and use automatic external defibrillators.

"It would seem reasonable to recommend that an automatic defibrillator be readily available in such circumstances," Kerr said.

Taser revises product warnings for law enforcement

May 05, 2008

Taser International issued revised product warnings for law enforcement in April.

August 2006: Product Warnings – Law Enforcement

(Hmmm - the August 2006 Product Warning has been removed from the internet archives. I wonder who initiated that?! It's OK - I have it on paper if anyone needs to see it.)

April 2008: Product Warnings – Law Enforcement

Here's the "scoop" from policeone.com:

Since June of 2005, there had been strong warnings about the potential for breathing impairment and other effects of repeated, prolonged TASER exposures. Those 2005 warnings were issued after medical studies involving anesthetized pigs. However, in the interim, there has been much medical research on humans that indicated that the 2005 warnings were overstated. The following is excerpted from TASER Training Bulletin 14.0-03:

These warnings are being updated to reflect new data from recent human scientific and medical studies which found, in part, the following:

• (Breathing) The available human data directly contradicts prior animal studies and does not reveal any evidence of breathing impairment or respiratory acidosis.

• (Metabolic Acidosis) While prolonged muscle activity does produce lactic acid, human studies of ECD exposures up to 15 seconds (or 3 cycles) have shown that there is no evidence of metabolic acidosis. Strong physical exertion (e.g., resisting law enforcement restraint) can lead to profound metabolic acidosis and measures to limit the period of resistance might be beneficial in already acidotic persons.

• (Rhabdomyolysis) With ECD use, it is reasonable to expect some elevation in markers of skeletal muscle injury consistent with participation in an athletic event; however, this elevation is not believed to be important in the sudden in-custody death phenomenon. Rhabdomyolysis does not cause injury for days after the inciting event and in the case of severe rises in creatine kinase, the clinical course is deteriorating renal function that can be treated with dialysis if needed.

• (Ventricular Fibrillation [VF]) The preponderance of the data, including all of the human studies, suggests that VF is not caused by ECDs in real-world usage. There is no evidence of important electrocardiogram changes, or capture (pacing response of the heart to electrical stimulation), and finite element modeling does not suggest a current density in real-world use able to induce fibrillation in humans. Also, epidemiological studies do not find that real-world human ECD use causes VF.

These new warnings remove the prior warnings regarding breathing impairment and continuous exposure risks. These warnings continue to emphasize the importance of minimizing any application of force or restraint, cuffing under power, and minimizing objectively reasonable force and restraint to accomplish lawful objectives.

Canadian researchers dispute taser safety

May 7, 2008
CTV British Columbia

Canadian medical researchers are disputing the theory that stun guns do not cause irregular heart rhythms that are sometimes fatal.

Tests had shown that Taser shock could cause fibrillation -- a very rapid, irregular contraction of muscles fibers -- in any muscle, except the heart.

"Bottom line is we think that assumption is incorrect," said Dr. Paul Dorian, a medical researcher from the University of Toronto. "Under certain circumstances, the Taser electrical discharges can, in fact, cause the heart muscle to beat and to beat very fast."

Dorian and his team shocked six pigs with stun guns looking for signs of ventricular fibrillation (VF) and other adverse heart effects. The results echo a recent Chicago study, where prolonged stun gun shocks caused VF.

Two pigs died in the Chicago study. One pig died of VF in Dorian's study and the other five pigs showed cardiac disturbance.

When it occurs in humans, VF can be lethal, Dorian said.

"When this rapid irregular heart rhythm occurs, the heart doesn't beat effectively," Dorian told CTV News. "No blood is pumped from it, and the victim, unless they get CPR and gets an electrical shock to the heart, will die within 10 minutes."

In response to the Toronto study, manufacturer Taser International said it will present results from three cardiac studies of its own later this month at the Heart Rhythm Conference in San Francisco, California.

"Taser International is dismayed by attempts to present this information as something it is not," the company said in a statement.

"I can understand if they're dismayed," Dorian said. "I'm dismayed as well. Dismayed that we have a technology that potentially can cause harm."

When Victoria police conducted Canada's first Taser trials in 1999, VF was the medical problem they were most concerned about.

But no one was considering the adverse effects of another medical condition caused when muscles are shocked and contract too quickly. High levels of acidity, or low levels of alkalinity in the body fluids, including the blood, can cause acidosis.

"The problem with acidosis is that the organs don't function properly when the acids are present in the blood," Dorian said.

Inspector Darren Laur, who spearheaded the Victoria Taser trial, told CTV News in an email that VF was the only medical concern of their research.

"I was not involved in any studies surrounding acidosis," he wrote.

Ken Stethem, a use-of-force expert from Washington, D.C. said acidosis, which worsens if victims are stunned repeatedly, needs to be considered in the Taser debate.

"These devices being used and backed up by policies that don't limit the number of stuns of the length of the exposure times -- it's hard to believe how that would support public safety," Stethem said.

The officer who is in charge of the Taser program for the Victoria police department told a public inquiry Tuesday that he's uncertain if Tasers cause death.

"I think I would be negligent as a police trainer if I stood up here and said they don't cause death," Constable Mike Massine told inquiry commissioner Thomas Braidwood, a retired B.C. Court of Appeal judge who is conducting the first public inquiry into the controversial use of Tasers.

"I don't know if they do. I don't know if they don't," the officer added. "Maybe there is a correlation, I don't know. I hope when we find out what it is, I hope we find that silver bullet."

Massine said putting a moratorium on Tasers would cause a knee jerk reaction, adding stun guns are a necessary tool for officers facing violent suspects.

The inquiry, which started Monday in Vancouver, is scheduled to continue until May 23.

With a report from CTV British Columbia's Peter Grainger

20th product liability lawsuit dismissed against TASER International

June 6, 2006

SCOTTSDALE, Ariz., June 6, 2006 -- TASER International, Inc. (NASDAQ: TASR), a market leader in advanced electronic control devices announced that the Circuit Court for the County of Saginaw, Michigan entered a judgment in favor of TASER International ordering the dismissal of the product liability lawsuit filed by Devica Thompson, et. al. against TASER International, Inc. This is the twentieth wrongful death or injury lawsuit that has been dismissed or judgment entered in favor of TASER International.

In the Court order granting TASER International's motion for summary disposition, the Court held that the plaintiff's complaint failed to state a legally recognized claim against TASER International as a matter of law and ruled that the Plaintiff was unable to prove that the ADVANCED TASER® M26 device was a cause of Mr. Thompson's death.

The Court stated that there was no dispute as to his immediate cause of death from metabolic and respiratory acidosis and noted that the autopsy report found high concentrations of lactic acid and carbon dioxide in Mr. Thompson's blood. The Court then stated that lactic acid is typically generated as a by-product of creating energy for muscle contractions without oxygen and held that "accepting as fact that some lactic acid can be produced by muscle contractions induced by a TASER, there is no evidence that this makes the M26's design inherently or unreasonably dangerous."

The Court then concluded "...Any attempt to pinpoint the TASER M26 as a 'but for' cause without which Thompson would have lived would involve nothing more than sheer speculation on the part of a jury. It is equally likely, if not more so, that Defendant's exertions in fighting with friends and officers that night generated more lactic acid than which his body was able to cope."

The Court also noted that Plaintiff's own experts did not conflict with TASER's theory of Mr. Thompson's death, "but explicitly acknowledges that the physical confrontations played an undeniable role in bringing about his acidosis."

In a very significant ruling, the Court also held that "it is equally possible the use of the TASER led to the release of less lactic acid than would have been produced naturally by the additional physical wrestling necessary to subdue an offender if use of the device had not been used."

In ruling that the TASER device was not defective out of a failure to warn, the Court held that there is no evidence that the device would have harmful effects on healthy individuals. The Court also held that, "No warning can guide the officer's discretion if the potential for harm only exists in an offender beset with unobservable latent physical ailments."

"We are very pleased that the Court held that the TASER device was not the cause of this unfortunate death and also to see judges accept the fact that early use of TASER technology to end a struggle is much safer and produces much less lactic acid than what would have been produced naturally by the additional physical struggle had the TASER M26 not been used," commented Douglas Klint, Vice President and General Counsel for TASER International. "The Court's opinion in the Thompson case is one of the first to rule as a matter of law that the TASER device is not the cause of death in cases involving metabolic or respiratory acidosis which is the primary cause of most in-custody deaths; and also to rule that TASER had met its duty to warn," concluded Klint.

"Our strategy of aggressively defending these product liability lawsuits is continuing to show results and we will relentlessly fight these lawsuits with the overwhelming medical and scientific evidence showing that the TASER device was not the cause of injury or death," concluded Klint.

The safety of tasers is questioned again

May 25, 2006
By ALEX BERENSON, New York Times

The safety of Tasers, the electric pistols that are widely used by police, is under new scrutiny after a study by a Wisconsin scientist showed that shocks from the guns cause the hearts of healthy pigs to stop beating.

The finding contradicts previous studies that showed that Taser shocks did not cause heart disturbances in pigs, whose hearts are similar to those in humans.

John G. Webster, a professor of biomedical engineering at the University of Wisconsin who conducted the new study, said the earlier studies contained serious errors because they did not account for the fact that pigs have a thick layer of muscle insulating their hearts from their skin. Humans do not.

Dr. Webster removed the muscle from the pigs' chests and placed Taser barbs close to their hearts before shocking the animals. "The previous research made a mistake," Dr. Webster said. "I was a little surprised. But I believe this research more accurately reflects the anatomy of humans."

While most Taser shots land too far from the heart to be lethal, barbs that penetrate the spaces between the ribs that surround the heart may have the potential to cause electrocution, he said.

Steve Tuttle, a spokesman for Taser International, which makes the weapons, said Dr. Webster's research was flawed and did not reflect the way that Tasers were used in humans. The current from a Taser shock is dispersed through the body rather than running directly into the heart, Mr. Tuttle said in an e-mail statement.

The earlier studies on pigs were financed by Taser International. The Justice Department paid for Mr. Webster's study, which is not yet completed. An abstract is posted on Dr. Webster's Web site, http://www.engr.wisc.edu/bme/faculty/webster--john.html

Tasers are pistol-shaped weapons that fire barbs up to 35 feet, delivering a 50,000-volt shock. Because they propel the barbs with compressed nitrogen instead of gunpowder, Tasers are not considered firearms and are not regulated by the Bureau of Alcohol, Tobacco and Firearms or any other federal agency.

Dr. Ted Chan, a professor of clinical medicine at the University of California, San Diego who has studied the effect of Taser shocks on human volunteers, said Mr. Webster's research did not prove that Tasers could cause lethal heart disturbances.

In his research, which is also financed by the Justice Department, Dr. Chan has shocked more than 100 people and not found any changes in heart rhythms. More sophisticated tests conducted on about a dozen people have also failed to find damage, Dr. Chan said.

"Animal studies can point in certain directions, but ultimately you have to look at humans," he said.

Dr. Chan did add that most of the volunteers he tested were not shocked directly over their hearts.

More than 150 people have died after being shocked by Tasers, according to data compiled by Amnesty International, which has called for a moratorium on use of the guns. The weapons are used by almost 10,000 police departments in the United States and internationally, as well as the military. Tasers have been used or tested on volunteers about 200,000 times, Mr. Tuttle said.

Coroners have attributed most of the deaths to causes other than the Taser shock, like cocaine overdoses. But in a handful of cases Tasers have been listed as the primary or contributing cause.

Doctors and scientists have questioned whether Tasers can cause ventricular fibrillation, a lethal heart rhythm disturbance, as well as acidosis, a dangerous change in blood chemistry. Taser International says that many of the deaths have resulted from drug overdoses and that its weapons are safer than most other ways that police officers can use to restrain people.

Since 2002, Tasers have become popular with police departments because they offer officers a way to incapacitate people without having to touch them and because most people do not appear to suffer long-term injury after being shocked. Concerns about safety hurt Taser sales last year, but they have picked up in 2006, with Taser International reporting $14 million in sales in the first quarter.

In October, the Police Executive Research Forum, a nonprofit group that is dedicated to improving police tactics and strategies, recommended that officers be allowed to use the weapons only on suspects who are actively resisting arrest. Some police departments have allowed officers to use Tasers on people who are simply refusing to follow their orders.

The forum's recommendations are not binding. But police departments that do not follow them could face greater legal liability.

Dr. Webster shocked 10 anesthetized pigs with a Taser after removing the skin and muscle over their hearts. On average, the pigs suffered ventricular fibrillation when a Taser barb was placed within 0.7 inch of their heart, according to the abstract of the clinical trial posted on Dr. Webster's Web site. In humans, the heart is situated 0.4 to 2 inches under the skin, Dr. Webster said.

Ventricular fibrillation is an electrical disturbance that causes the heart to beat irregularly and be unable to pump blood. It causes death within minutes unless the heart's normal rhythm is restored.

Claims Over Tasers' Safety Are Challenged

November 26, 2004
Alex Berenson, The New York Times

Taser International, whose electrical guns are used by thousands of police departments nationwide, says that a federal study endorses the safety of its guns, but the laboratory that conducted the research disagrees.

Taser said last month that the government study, whose full results have not yet been released, found that its guns were safe. Since that statement, the company's stock has soared and its executives and directors have sold $68 million in shares, about 5 percent of Taser's stock and nearly half their holdings.

But the Air Force laboratory that conducted the study now says that it actually found that the guns could be dangerous and that more data was needed to evaluate their risks. The guns "may cause several unintended effects, albeit with low probabilities of occurrence," the laboratory said last week in a statement released after a symposium on Tasers, as the company's guns are known, and other weapons intended to incapacitate people without killing them.

Taser said Wednesday that it stood behind its October statement.

Other data presented at the symposium raised questions about one of Taser's key claims about the effectiveness of its newest and most expensive weapon.

Tasers are pistol-shaped weapons that fire electrified darts up to 21 feet, shocking suspects with a painful charge. More than 5,500 police departments and prisons now use Tasers, compared with only a handful five years ago.

Many police officers say that Tasers give them a way to restrain dangerous suspects without using firearms or fighting with them. But civil liberties groups say police often use Tasers on people who are merely unruly or disobedient, not dangerous. Recently, police officers in Miami shocked a 6-year-old boy and a 12-year-old girl in separate incidents, prompting widespread criticism.

"The evidence suggests that far from being used to avoid lethal force, many police forces are using Tasers as a routine force option," said Curt Goering, senior deputy executive director of Amnesty International. "The way these weapons are being used in some circumstances could constitute torture or ill treatment."

Amnesty has called for police departments to stop using the guns pending an independent inquiry into their safety. The group will release a report next week documenting police abuse of Tasers, Mr. Goering said.

The growing use of Tasers is disconcerting because their risks have not been properly studied, biomedical engineers say. More than 70 people have died since 2001 after being shocked with Tasers, mainly from heart or respiratory failure.

Taser International says the deaths resulted from drug overdoses or other factors and would have occurred anyway. But coroners have linked several deaths to the weapons, and independent scientists who are authorities on electricity and the heart say that the company may be significantly underestimating the weapon's risks, especially in people who have used drugs or have heart disease.

Taser has performed only minimal research on the health effects of its weapons. Its primary safety studies on the M26, its most powerful gun, consist of tests on a single pig in 1996 and on five dogs in 1999. The company has resisted calls for more tests, saying that it is comfortable with the research it has conducted.

Tasers are largely unregulated and have never been studied for their safety or effectiveness by the Consumer Product Safety Commission or the Bureau of Alcohol, Tobacco, Firearms and Explosives. But for two years the Defense Department has studied Tasers as part of military research into weapons designed to be effective without being deadly.

In a press release on Oct. 18, Taser said that the military study had found its guns "generally effective without significant risk of unintended consequences."

Rick Smith, the chief executive of Taser, called the study "the latest chapter in a series of comprehensive medical and scientific studies which conclude that Taser technology is safe and effective."

Taser's stock, which closed at $37.47 on Oct. 15, the last trading day before the study was released, rose 60 percent over the next month and peaked at $60.85 on Nov. 15. During the week ended Nov. 12, Taser executives and directors sold 1.28 million shares for $68 million. The company's stock closed Wednesday at $50.51, down 89 cents.

But neither Taser nor the military released the full study, only an excerpt. The full study remains confidential, military officials say. But last week, after the symposium on less-deadly weapons in Winston-Salem, N.C., the Air Force laboratory that conducted the study said that it had not found Tasers were safe.

The guns "may cause several unintended effects, albeit with estimated low probabilities of occurrence," the laboratory said. "Available laboratory data are too limited to adequately quantify possible risks of ventricular fibrillation or seizures, particularly in susceptible populations."

Ventricular fibrillation is a disturbance of the electrical circuitry of the heart that causes cardiac arrest in seconds and death in minutes. Taser says that its weapons do not produce enough current to cause ventricular fibrillation, but scientists who are authoritative on fibrillation say that the company has not done enough research to know whether that contention is accurate.

Taser said Wednesday that the military had reviewed and approved its October statement before the company released it.

An Air Force scientist presented data at the symposium last week showing that repeated Taser shocks caused pigs to become acidotic - a dangerous condition in which the pH of the blood drops. A 1999 study by the Justice Department suggested that "deaths following Tasers' use may be due to acidosis."

People who have been hit repeatedly by Tasers should receive medical monitoring, said Dr. James Jauchem, the Air Force scientist. A spokeswoman for the Air Force said Wednesday that Dr. Jauchem was on vacation for Thanksgiving and not available for additional comments.

Dr. Jauchem also presented data calling into question the company's assertion that the Taser X26, its newest gun, is especially effective even though it fires a smaller charge than the company's older weapon, the M26. Taser has said that the X26 fires a special kind of electric pulse that works better than traditional stun guns.

But Dr. Jauchem said the shape of the X26's electric pulse had only a minor effect on the amount of muscle contraction it produced.