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Showing posts with label john burton. Show all posts
Showing posts with label john burton. Show all posts

Tuesday, May 22, 2012

Did Taser maker do proper study?

May 17, 2012
Julie O'Neill, joneil@wcpo.com

CINCINNATI - The 9 News I-Team continues to investigate the potential lethality of the weapon sold to law enforcement agencies across the Tri-State and around the globe as a non-lethal force option.

The original Taser was invented in 1969, but it was 30 years later Taser International introduced new Taser technology to provide "a quantum leap" in stopping power.

Since the widespread use of that Taser in 2001, at least 500 people have died following Taser stuns according to Amnesty International.

Only around 60 of those cases were definitively linked to the Taser by medical examiners.

In July 2011, a jury awarded the family of a 17-year-old $10 million, saying a Taser stun killed him, however the manufacturer failed to properly warn police the Taser could affect the heart.

In March 2012, a judge lowered the award to $5 million, but upheld the verdict.

Attorney John Burton tried the case.

"This is a device that...the power of which was boosted by four times when the Smith brothers acquired it and then sold directly by Taser International to police departments with no intervening government vetting and no peer reviewed medical testing or studies published, simply a product to make money for this company," said Burton.

Electrophysiologist Dr. Douglas Zipes testified in the trial on behalf of the victim's family, and this month his research that Tasers can cause cardiac arrest and death was published in the American Heart Association's premier journal.

"I think Taser's testing of the safety of their devices is woefully inadequate, both in animals and in humans," said Dr. Zipes.

A review of the Taser by the Department of Defense in 2002 said "Development of the Taser appears to be based on serendipitous findings and trial and error, as opposed to well-defined scientific investigation."

The reviewers gave "a limited but favorable endorsement" for military use.

Three years later in 2005, a suit filed by Taser International's own shareholders, accused the company of spending only $14,000 on safety research in 1999 and 2000 prior to putting the higher powered Taser on the market.

Taser settled the shareholder suit for $21 million.

Taser CEO Rick Smith says it's not true that the company spent only $14,000 in initial safety research, because he says Taser's original medical researcher, Dr. Robert Stratbucker, worked for the company for years.

However when asked by the I-Team whether he compensated Dr. Stratbucker with stock instead of pay, Smith said that was true.

"You know when you're a small company and you don't have cash you gotta pay people with whatever you got," said Smith.

Now a multi-million dollar company, Smith says the Taser over the years has been more studied than any other non-lethal weapon, many of the studies funded by his company.

But a September article in the American Heart Journal reported that "studies funded by Taser and/or written by an author affiliated with the company are substantially more likely to conclude that Tasers are safe...18 times higher odds."

9 News contacted Taser International earlier this week asking for any peer-reviewed and published safety research done on the higher powered Taser prior to its market launch, and the company has not responded.

Taser has pointed to a study released in May 2011 by the Department of Justice on deaths following Taser stuns. That report states "there is currently no medical evidence that CED's (Tasers) pose a significant risk for induced cardiac dysrhythmia in humans when deployed reasonably."

Nowhere in the report is the word "reasonably" defined.

The Cincinnati Police Department announced last week it is now revising its policy on the deployment of Tasers, specifically looking at the placement of the darts, following the published research of Dr. Zipes.

Research shows the Taser has saved lives and reduced injuries to officers and subjects, but the death of 18-year-old Everette Howard of North College Hill after a Taser was used on him in August 2011 on the University of Cincinnati campus has raised concerns of public safety, as well as liability for officers and taxpayers.

The Hamilton County Coroner's office still hasn't ruled on Howard's cause of death.

Wednesday, March 28, 2012

Court upholds ruling: Tasers kill

March 27, 2012
Julie O'Neill, wcpo.com

A new legal blow to the maker of Tasers as controversy grows over the weapon's safety.

Taser International lost its appeal Tuesday in the most costly case against the company to date.

Last summer, a jury awarded the family of Darryl Turner, who died after being tasered, $10 million, ruling that TASER knew its weapon could kill and did not properly warn police.

On appeal, the U.S. District Court Western District of N. Carolina Charlotte Division ruled in favor of the plaintiff on all objections, but did rule the damage award “excessive" and reduced it in half to $5 million.

"This is a huge victory for safety," said plaintiff attorney John Burton, "…and people concerned that this device is being given to police with false assurances of its safety."

Burton added, "The judge viewed the evidence and said the jury was justified in its conclusion."
Dr. Douglas Zipes, an electrophysiologist who testified for the plaintiff that Tasers could kill, said the reduction of the award was fair, and that the court's ruling "totally vindicates what we said, that Taser causes sudden death and the judge accepts that concept."

There has been no comment yet from Taser International.

WCPO-TV’s I-Team has been investigating the safety of Tasers since the death of 18-year-old Everette Howard of North College Hill after he was Tasered on August 6, 2011.

Nearly eight months after Howard’s death, the Hamilton County Coroner’s office has still not ruled on a cause of death.

A preliminary autopsy report viewed by 9 News showed the Coroner’s office appeared to rule out everything but the Taser.

The late Coroner Dr. Anant Bhati said days before his recent death that his office was waiting for the opinion of a specialist who was viewing slides of Howard’s heart.

Dr. Bhati said he had high respect for Dr. Zipes and that he believed Tasers could kill, though he was not ready yet to rule that a Taser did kill Everette Howard.

Tasers are electronic control weapons which send electricity into a subject for the purpose of incapacitating them, so that police officers can get them into custody without hands on contact.
The weapons are used as non-lethal force options by 16,000 police agencies globally, including here in the Tri-State.

Tuesday, November 01, 2011

Can Tasers kill? I-Team asks Taser CEO tough questions

October 27, 2011
Julie O'Neill, wcpo.com i-team

CINCINNATI - The parents of Everette Howard want to know why their son is dead after being Tasered on UC's campus in August and say they don't want any other parent to have to go through what they're dealing with.

The I-Team went to the heart of the Howard investigation to try to find answers to one key question: Can Tasers kill?

The I-Team traveled to Chicago to speak one-on-one with the CEO of Taser International. We also went to Indianapolis to talk with a prominent cardiologist who's come out swinging against the company concerning its warnings.

At the International Association of Chiefs of Police Conference in Chicago, we caught up with Taser International CEO Rick Smith.

Smith showed us Taser's newest weapon for sale, the X-2. Smith explained to us how the X-2 precisely controls the weapon's electrical current.

"This is measuring the electrical charge of every pulse as it comes out of the device," Smith said.

Smith also says the new Taser includes an option for an automatic shutoff.

"You'll hear it for four seconds, it'll sound an alert then it will shut off, so it alerts the officer then it shuts off and they would have to re-trigger the device at that point in time," said Smith.

The safety advances of the new weapon deal directly with the safety concerns over the one used on UC Upward Bound student Everette Howard before he died in August, and used by police agencies across the Tri-State. It's also the same model weapon involved in the most damaging court ruling against Taser International to date.

This past summer, a jury awarded the family of 17-year-old Darryl Turner $10 million, ruling Taser knew its weapon could kill and didn't tell police.

Dr. Douglas Zipes is an electrophysiologist specializing in heart rhythm. He's published hundreds of articles and won numerous awards for his knowledge of clinical cardiology. The cardioverter he invented is keeping former Vice President Dick Cheney's heart ticking.

Dr. Zipes takes issue with Taser's claims that its weapons cannot cause death.

"Taser has said it can't happen with Taser equipment because the pulses are too short, the energy is insufficient and it can't capture the heart," Dr. Zipes said. "That's absolutely, totally wrong."

In March 2008, court records reveal store clerk Darryl Turner was Tasered for 37 seconds, until he fell, and soon dies. So what caused it??

Dr. Zipes says adrenalin may have already spiked Turner's heart rate, but he says the Taser spiked it beyond what it could handle.

Dr. Zipes explained that where the two Taser darts hit is key.

"So the Taser darts need to in some way span part of the heart or be close enough to the heart so that the electricity traveling between the two darts is able to reach the heart itself and capture the heart."

But that's not the only factor.

"One of the important ingredients as to why somebody dies and somebody else doesn't is the duration of the Taser shock," Dr. Zipes added.

We asked Attorney John Burton, who tried the Turner case, if he thought the officer involved in that Tasering believed Tasers could kill. Burton strongly believes he didn't.

"Oh he absolutely did not know that Tasers could kill," Burton said. "He never would have used the device in such a trivial setting had he understood what the real risks were. That's why the jury did what it did."

Taser International has appealed the Turner decision.

The I-Team asked Rick Smith whether he believes Taser was causal in that death.

"Look, we look at that case and that is one case that certainly is one we're concerned about and that's one of the reasons that we do warn, trying to avoid chest shots," Smith said.

Dr. Zipes says it's tough to prove a Taser-caused a death because a dead body doesn't show the presence of electricity.

"I stumble on why did the sudden death occur exactly when the Taser shocks were going into the body. To say that that's not causily-related I think becomes ridiculous," Zipes said.

Smith questioned Dr. Zipes' motives.

"Maybe we shouldn't talk about a plaintiff's expert that's paid $1,200 an hour to testify against the technology," Smith said.

Dr. Zipes made the following recommendations: "I would argue that Taser number 1 should fess up to the fact that it can produce cardiac arrest, number 2 that law enforcement should be educated to this possibility and that they should not use the Taser weapon in a haphazard freewheeling fashion."

The I-Team asked Smith why Taser doesn't err on the side of caution and say in rare circumstances, in the chest a prolonged shot could increase the risk, and tell departments to make sure officers know this possibility exists and be ready to take medical action.

"We absolutely do that in our training, our warnings you can download them from our website," Smith said.

But when the I-Team checked Taser's website, we found the "Summary Conclusion: Do Taser ECD's affect the heart?" states: "There is no reliable published data that proves Taser ECD's negatively affect the heart."

The I-Team also asked Smith whether he recognizes that in rare circumstances the Taser can affect the heart.

"There's no evidence that supports that it affects the heart in humans," Smith said. "There is evidence that it has happened in pigs."

Yet the I-Team found on Taser's liability release form, under "Known and Potential Side Effects," you'll see listed "heart rate, rhythm capture."

Amnesty International tracks deaths after Taserings. Their latest number: 466 deaths have followed Taserings since 2001. But Amnesty also says a number of these deaths have been attributed to other causes, and what 9 News is hearing from doctors and medical examiners is that it's hard to know definitively in a lot of these cases how much of a role the Taser may have played.

Wednesday, August 03, 2011

Taser Gets Zapped

Another jury rules that the weapons are lethal and the makers are liable.

August 3, 2011
Peter Gorman, Fort Worth Weekly

The Arizona company that makes Tasers, the allegedly “less-lethal” weapons that have killed hundreds of people around the world, has lost another lawsuit. This time a North Carolina jury found Taser International responsible for the death of a 17-year-old store clerk who was hit with the weapon’s 50,000 volts of electricity because he pushed groceries off a counter and threw an umbrella.

In the July 19 verdict, Taser International was ordered to pay $10 million in damages to the family of Darryl Turner. A company spokesman said the verdict will be appealed.

News of the jury decision drew cheers from locals who have fought for years to stop the overuse of the stun guns by police in Fort Worth, where at least five people died after been tasered since 2005.

“It’s not a question of whether or not Tasers will finally be banned, but how much Taser International is going to have to pay for the funerals those weapons cost,” said Rev. Kyev Tatum, president of the Fort Worth chapter of the Southern Christian Leadership Conference.

“In truth, it was a tremendous victory, a nail in the coffin of the use of Tasers,” he said. “And eventually, as those awards mount up against the company, against police departments, and against cities, they’ll be forced out of business.”

Marcus Hardin, whose grandson survived a 40-second tasering three years ago, agreed with Tatum’s assessment. “I give them [Taser International] five years,” he said. “Then they’re done.”

Hardin, with Tatum and Pastor Tom Franklin, founded the Taser Memorial at the New Mount Cavalry Baptist Church in Highland Hills. He said the North Carolina verdict “was a long time coming. Unfortunately, the number of people who have died after being shot with a Taser keeps going up. We’re up to 674 crosses at the memorial — and each represents someone who was tortured to death by a Taser.”

Mark Haney, a Fort Worth civil rights attorney who has worked on Taser cases for years, also praised the Turner verdict. “This adverse judgment is simply further evidence that Taser rushed these products to market without fully appreciating the risks associated with them,” he said.

The victory marked only the second loss Taser International has sustained in a courtroom — but most of the cases filed against the company don’t make it to court. Of the almost 130 lawsuits known to have been filed against the company, all but four were settled out of court. In the four that were decided by juries, Taser International has won two and lost two.

Company spokesmen regularly refer to the out-of-court settlements as though they were all wins for Taser.

John Burton, the California attorney who represented plaintiffs in both of the cases in which Taser went to court and lost, scoffed at that idea.

“One of the cases they put in their win column was a case I handled where they settled for $2.8 million before it came to trial,” he said. “So when they say they’ve won 127 cases, that just means they’ve settled out of court most of the time.”

In the North Carolina case, Turner, known generally as a good worker and excellent student, was working at the Food Lion grocery store in North Charlotte on March 20, 2008, when he was approached by an assistant manager who accused him of eating a microwaved sandwich he hadn’t paid for. Turner admitted the petty theft and was sent home for the day. But he returned after his shift was up, demanding to see the assistant manager, who refused to speak with him.

According to Burton, the young man “then pushed some product” from a counter and “threw an umbrella,” at which point a policeman, who had been called to remove Turner from the store, appeared in the doorway and fired his Taser into Turner’s chest at close range twice, the first time for 37 seconds.

The officer, Jerry Dawson, later said that he held the trigger down so long because Turner did not fall when hit. Dawson, a veteran of 15 years with the Charlotte-Mecklenberg Police Department, then fired at Turner a second time for five seconds. That time, Turner went into shock and died without recovering consciousness.

An autopsy by the Charlotte medical examiner found that Turner died from “acute ventricular dysrhythmia, agitated state, stress, and use of conducted energy weapon device (Taser).” In 2010 the city of Charlotte settled with the Turner family for $625,000, while admitting no culpability.

The $10 million judgment against Taser International came in a separate product-liability suit filed by the family.

Burton said he doesn’t think the company will be able to get off without paying damages the way it did in an earlier case that he and co-counsel Peter Williamson won against the weapon maker in 2008.

After the North Carolina verdict, Taser International released information meant to calm fears of investors in the publicly traded company and of law enforcement agencies that use the electronic weapons. Steve Tuttle, the company’s vice president of communications, said Turner had a condition known as hypertrophic cardiomyopathy (HCM), which is responsible for 39 percent of sudden cardiac arrest deaths in people under 21.

“That was a fully fabricated lie,” said Burton. “The Charlotte medical examiner, Thomas Owens, did the autopsy, and he said Turner had a great heart, free from all pathologies, in top shape. But Taser brought in someone from Harvard, Dr. James Stone, who examined some tissue and declared that Turner had HCM. We sent his findings to one of the world’s leading specialists on HCM, and he agreed with Owens, the ME: The kid simply didn’t have it. No enlarged heart, no thickening of ventrical walls, nothing.”

Tuttle’s release also noted that the jury was not told about three baggies of marijuana that were alleged to have been found on Turner. “Under North Carolina law, if someone has acted in a negligent manner that contributed to their damages, even a one percent contribution, they are barred from recovering damages. … The company’s legal council believe that Mr. Turner’s crimes, including theft, trespassing, drug possession, assault on fellow employees, resisting arrest, and initiation of an apparent assault on a law enforcement officer constitute negligent behavior that necessitated the use of force by police.”

“I read that press release and almost threw up,” said Burton. “This was a great kid. Never arrested, first in his class in high school, had applied for college, had a job at 17, didn’t smoke or drink … . Heck, I talked with the manager of the store, and he told me that Turner was a great worker, always on time, and that he had great potential with the company.

“And when I talked with other employees, they said the assistant manager was always unpleasant and routinely unfair. I mean, he [Turner] had eaten some food he hadn’t paid for — right, a 17-year-old in a supermarket job. And look what Taser makes him out to be.”

Both of the cases that Taser International lost in court were based on the premise that the company knew the weapons could be lethal in certain circumstances but did not warn the police departments and public of that.

Shortly after the first of those two cases was decided, the company added a number of warnings in its product package. After Turner’s death, the company added more language, warning that the weapons should not be fired into the chest near the heart.

Hardin sees the change as Taser International’s attempt to throw all responsibility onto law enforcement personnel. “Now when someone dies, Taser is going to say, ‘You were warned not to use the weapon in the chest area,’ or whatever, and that might get them off the hook.”

Burton agreed. The new warnings, he said, could mean that, when more people die after being hit with Tasers, their families “will be going directly after the police departments … for liability.

“The products, Tasers, are simply a lot more dangerous than the company says they are,” Burton said. “They talk about excited delirium killing all these people, as if everyone who dies after being tasered would have dropped dead in minutes anyway, and that’s just not the case.”

Tuesday, May 17, 2011

Ninth Circuit Court of Appeals Upholds Jury Verdict Against TASER International, Inc., in Wrongful Death Suit

First-Ever Products Liability Verdict Upheld

San Francisco, CA (PRWEB) May 11, 2011

The Ninth Circuit Court of Appeals has upheld the first-ever plaintiff’s products liability verdict against Scottsdale based TASER International, Inc., the leading manufacturer of Electronic Control Devices (“ECDs”). TASER had sought to overturn the jury’s wrongful-death verdict claiming various errors during the trial (see the attached Memorandum Decision). However, a unanimous three-judge panel substantially rejected TASER’s appeal and affirmed the verdict. The plaintiffs are extremely gratified by the court's ruling which holds TASER responsible for the death of their son and brother, respectively, according to their attorneys, John Burton of Pasadena, California and Peter M. Williamson of Woodland Hills, California.

According to the plaintiffs' complaint, on February 19, 2005, Robert C. Heston began acting erratically inside his family's Salinas, California home. Suspecting a drug relapse, Heston's father called the police reporting his son's bizarre behavior and asked for help. Officers from the Salinas Police Department used their TASER ECDs repeatedly, ultimately subjecting Heston to 75 seconds of electrical discharges. As a result, Heston suffered a cardiac arrest. He was removed from life support and died the following day.

In their lawsuit, Heston v. City of Salinas, et al., N.D. Cal. Case No. C 05-03658 JW (United States District Court for the Northern District of California (San Jose)), Heston's parents alleged that TASER ECDs are unreasonably dangerous and defective for use on human beings because they were sold without adequate testing and without sufficient warning that multiple shocks on people under the influence of drugs can cause cardiac arrest and death.

On June 7, 2008, the Heston jury found that TASER knew or should have known that its M26 model ECD was dangerous because prolonged exposures to the device pose a substantial risk of cardiac arrest to persons against whom the device is deployed. The jury also found that TASER International failed to adequately warn purchasers of its device of the risks associated with its use. It awarded the parents of Robert Heston $1,000,000 in compensatory damages and $5,000,000.00 in punitive damages. The jury also awarded Heston's estate $21,000.00 in compensatory damages and another $200,000.00 in punitive damages. However, it also found Robert Heston 85% comparatively negligent for the incident which ultimately resulted in his death. After post-trial motions, the trial court vacated the punitive damage awards leaving a net verdict of $150,000 to the parents of Robert Heston and $3,150 to his estate. TASER was also ordered to pay $1,423,000.00 in attorneys’ fees under the California Private Attorney’s General statute to attorneys John Burton of Pasadena, California and Peter M. Williamson of Williamson & Krauss of Woodland Hills, California who successfully represented the Heston family.

In upholding the verdict, the Ninth Circuit Court of Appeals did not disturb the jury’s findings that substantial evidence existed to prove that TASER knew or should have known that its M26 model ECD was dangerous because prolonged exposures to the device pose a substantial risk of cardiac arrest to persons against whom the device is deployed. The Court, however, did vacate the jury’s award of $3,150 to the Heston estate concluding that insufficient evidence was presented at the trial to support this award. The Court also vacated the award of attorneys’ fees to plaintiffs’ counsel agreeing with TASER that the trial court abused its discretion by awarding such fees under the California Private Attorney’s General statute.

Wednesday, May 11, 2011

Ninth Circuit Court of Appeals Upholds Jury Verdict Against TASER International, Inc., in Wrongful Death Suit

May 11, 2011
PRWeb

First-Ever Products Liability Verdict Upheld
San Francisco, CA (PRWEB)

The Ninth Circuit Court of Appeals has upheld the first-ever plaintiff’s products liability verdict against Scottsdale based TASER International, Inc., the leading manufacturer of Electronic Control Devices (“ECDs”). TASER had sought to overturn the jury’s wrongful-death verdict claiming various errors during the trial (see the attached Memorandum Decision). However, a unanimous three-judge panel substantially rejected TASER’s appeal and affirmed the verdict. The plaintiffs are extremely gratified by the court's ruling which holds TASER responsible for the death of their son and brother, respectively, according to their attorneys, John Burton of Pasadena, California and Peter M. Williamson of Woodland Hills, California.

According to the plaintiffs' complaint, on February 19, 2005, Robert C. Heston began acting erratically inside his family's Salinas, California home. Suspecting a drug relapse, Heston's father called the police reporting his son's bizarre behavior and asked for help. Officers from the Salinas Police Department used their TASER ECDs repeatedly, ultimately subjecting Heston to 75 seconds of electrical discharges. As a result, Heston suffered a cardiac arrest. He was removed from life support and died the following day.

In their lawsuit, Heston v. City of Salinas, et al., N.D. Cal. Case No. C 05-03658 JW (United States District Court for the Northern District of California (San Jose)), Heston's parents alleged that TASER ECDs are unreasonably dangerous and defective for use on human beings because they were sold without adequate testing and without sufficient warning that multiple shocks on people under the influence of drugs can cause cardiac arrest and death.

On June 7, 2008, the Heston jury found that TASER knew or should have known that its M26 model ECD was dangerous because prolonged exposures to the device pose a substantial risk of cardiac arrest to persons against whom the device is deployed. The jury also found that TASER International failed to adequately warn purchasers of its device of the risks associated with its use. It awarded the parents of Robert Heston $1,000,000 in compensatory damages and $5,000,000.00 in punitive damages. The jury also awarded Heston's estate $21,000.00 in compensatory damages and another $200,000.00 in punitive damages. However, it also found Robert Heston 85% comparatively negligent for the incident which ultimately resulted in his death. After post-trial motions, the trial court vacated the punitive damage awards leaving a net verdict of $150,000 to the parents of Robert Heston and $3,150 to his estate. TASER was also ordered to pay $1,423,000.00 in attorneys’ fees under the California Private Attorney’s General statute to attorneys John Burton of Pasadena, California and Peter M. Williamson of Williamson & Krauss of Woodland Hills, California who successfully represented the Heston family.

In upholding the verdict, the Ninth Circuit Court of Appeals did not disturb the jury’s findings that substantial evidence existed to prove that TASER knew or should have known that its M26 model ECD was dangerous because prolonged exposures to the device pose a substantial risk of cardiac arrest to persons against whom the device is deployed. The Court, however, did vacate the jury’s award of $3,150 to the Heston estate concluding that insufficient evidence was presented at the trial to support this award. The Court also vacated the award of attorneys’ fees to plaintiffs’ counsel agreeing with TASER that the trial court abused its discretion by awarding such fees under the California Private Attorney’s General statute.

Thursday, April 07, 2011

Billings inquest: Bain's death in custody due to meth

A concerned Canadian wrote a very interesting comment on the news reports that follows below. Here's the Canadian's take on the matter:

As you reported in "Bain's Incustody Death Due To Meth", there can be no doubt the drug played a part, but to rule out the multi-stuns of the Taser as possible contributing factor, shows just how ignorant or biased this "medical expert" is. Taser shocks, especially when repeated or prolonged can cause cardiac arhythmias BUT can also lead to life-threatening metabolic acidosis.

In the only successful product liability case against Taser (Heston Vs. TI) two years ago, lawyer John Burton argued successfully that the company's scientists never tested for possible changes to blood chemistry caused by Taser shocks. The Six-Million dollar judgement is on appeal, but the point was made: Tasers can cause acidosis. Please realise Tasers cause muscle strands to twitch uncontrollably. This results in an unnatural surge of lactic acid throughout the blood stream. The acid/base balance in the blood is extremely narrow. If your PH falls fast and far enough, it can cause the muscles around the heart to cease operation, with often deadly effect.

Taser International has acknowledged this, albeit in the fine-print of the latest Training Bulletin # 17 issued quietly last May, for company insiders, Taser trainers and anyone willing to take the 40-minutes needed to download the bulletin from the company's website. Every police officer, share-holder, investor, insurer and government official who sanctions the use of Tasers should read the very long list of risks and warnings, including that of acidosis caused by Taser stuns.

A decade ago when ECDs began flooding the market, everyone was reassured by the manufacturers and the police that these new electrical devices were "safe to use on any assailant" and were "non-lethal". Within several years, especially after the related death toll began to climb, the wording was changed to "less than lethal". Somehow now, after 537 deaths in North America, proximal to Taser use, the language used to describe the devices has changed again to LETHAL. This was the conclusion of the Braidwood Inquiry in Canada. And now in the fine print, ostensibly to reduce the sting of future liabilites, Taser International is admitting the same thing-- Tasers can KILL. This is not what we were all told a decade ago. Did human physiology somehow change in the last ten years, making Tasers more deadly? Or was there a distinct lack of science applied to ensure the weapons were as safe as advertised?

And before a definitive cause of death is decided in the Bains case, the medical examiner should have the Taser involved tested independently, to ensure there is no 'output variance', because as we discovered in Canada, not all Tasers perform the same way. Eighty percent of the older model tasers tested in BC failed, after being sent to the one lab in the country equipped for such tests; eighty percent of the weapons had outputs outside of the safety allowables set by the manufacturer. Those older M26 models were pulled from service, coast-to-coast. Since there is no way of testing Tasers regularly in any police detachment in North America, how do your police or ME know for sure, if they have a defective Taser on their hands or not?

Concerned Canadian,
Vancouver, BC.


April 7, 2011
KRTV.com (Montana)

A coroner's inquest in Billings has determined that the death of Ryan Bain was not a crime.

The jury determined that Bain's death was caused by methamphetamine use.

The coroner's inquest was investigating the death of Bain after he was Tased multiple times and died later in custody.

On October 10, 2010, law enforcement authorities say Bain was seen running naked down the street and stole a van. Officers eventually caught up to him and tried to take him into custody. Officers believed he was under the influence of drugs and say he was non-compliant.

Bain was Tased multiple times and taken to YCDF where authorities say he refused to cooperate and was Tased again. He was placed in a holding cell and a short time later suffered cardiac arrest.

During the second day of the inquest, two medical doctors testifying in the inquest into Ryan Bain's death said that his death appeared to be the result of a methamphetamine overdose and not the direct result of being tasered.

A large amount of medical testimony was presented at day two of the inquest.

American Medical Rescue paramedic Robyn Harper testified saying when she arrived, Bain was essentially dead. Harper called St. Vincent Healthcare emergency room Dr. Sheldon Nelson. After 21 minutes of working on Bain, Dr. Nelson told medics they could stop CPR efforts. That was at 12:19 am. Seconds later, Harper was unplugging a monitor and was "surprised" to see that Bain had a pulse. They took to the emergency room.

St. Vincent Emergency Doctor Sheldon Nelson treated Bain when he arrived at he hospital. He told the jury there is no specific treatment plan for someone who is has taken methamphetamine and that it just has "to wear off." Dr. Nelson said Bain was comatose the entire time he saw him. However his heart rate was up, but that his blood pressure was adequate to extremely low. Bain had multiple medical test done. Dr. Nelson said he believes Bain's death was the cause of an "extremely significant overdose of meth."

Dr. Kristin Spanjian, an intensivist who oversees care at the Intensive Care Unit at St. Vincent's testified by video. The interview was conducted March 17. Dr. Spanjian says the cardiac arrest was due to "acute methamphetamine intoxication." She said the taser likely did not play a role in his death because he would have suffered cardiac arrest shortly after the incident.She went on to explain that people with severe acute meth intoxication display signs of severe acidosis, which is increased acidity in the blood. Bain had a ph of 6.9. The normal ph level is a 7.4. She said some of the factors leading to his cardiac arrest were the acidosis, the chemical reaction in his body and dehydration.

Bain's former fiancee Kalli Ackerman took the stand saying she lost contact with Bain for 45 minutes on October 10, 2010. When she saw him again at her father's house, he appeared to be fine at first and then quickly did not make sense and was hot to the touch. She tried taking him to the hospital, but Bain's mental state quickly changed and he did not recognize her and appeared to be afraid of her. She said she was begging him to get help when he took off running down an alley. That was the last time she saw Bain alive.

Thursday, September 23, 2010

CBS NEWS: Are Tasers Overused?

September 23, 2010
CBS - The Early Show

Three men in South Florida are facing multiple charges after leading police on a high-speed chase. Two of the suspects were subdued by officers using tasers, which are becoming more and more popular with police, and more and more controversial with critics. The chase, in Miami, led police on dangerous pursuit across highways, over sidewalks and through heavy traffic. It ended with a dramatic crash but no injuries, as Broward County officers took down the driver by taser.

CBS News correspondent Don Teague reported on "The Early Show" tasering happens more often than ever -- the taser has become weapon of choice for police. Teague pointed out more than 12,000 law enforcement agencies have now added tasers to their arsenals. Houston police alone have discharged them 2,500 times since 2004.

But some are questioning just who is getting shocked.

From incapacitating a disruptive student in Florida to a great-grandmother in Texas, you can go online and find one shocking example after another of tasering, Teague said.

Peter McFarland, who was tasered by police in California, told CBS News, "All of a sudden, they just showed up. And they came in here like there was a fire going on or some gunfight was going on." McFarland, who suffers from a heart condition, is suing Marin County police after he was tased four times in his own home.

In other cases, the device has proved fatal. A study by Amnesty International says that, in at least 35 states, taserings have led to deaths -- 55 fatalities in California and 52 in Florida, alone.

Thomas Ruskin, a former detective with the New York Police Department, told CBS News, "In most cases, the tasers have been a very good tool. It's a lot better to think of someone possibly being tasered than being shot."

On "The Early Show" co-anchor Maggie Rodriguez spoke with Bill Stanton, a former New York police officer and security expert with Qverity.com.

Rodriguez said, "It is easy for us all to watch the video and make our judgment about the decision at the time. We haven't been there arresting a suspect. You have, many times. Is there any time you wished you would have had a taser?"

He responded, "Good point. It is easy for us when we sit on the couch and watch this stuff go down. Though cop should have to meet a bad guy one on one. They have a fist, you take your nightstick. They take your stick, it will either be a taser, now the taser stops us from using a gun in many cases, and that's a good thing."

Rodriguez, who was tased for research purposes, said it was "the most excruciating pain followed by, literally, paralysis." She asked, "Could they be more dangerous than people think?"

Stanton replied, "I'll ask you this. You've been tased. Have you been shot?"

Rodriguez responded, "I haven't been shot, it's better than being dead, but if an officer used it on me unjustifiably, as we've seen many instances, it would have been inhumane."

Stanton said, "Right. Those officers should be investigated and locked up, but in many professions there`s malpractice with doctors, lawyers, et cetera."

John Burton, a civil rights attorney, weighed in on Stanton's remarks, saying the taser is not a substitute for lethal force. He explained, "Lethal force is used very, very rarely, 95 percent of police officers never fire their sidearm in their entire career. It's only to be used in the most extreme circumstances. When those are present, no rational officer would use a taser because lethal force is used to stop a lethal threat. Tasers are used on people frequently who are doing very little, other than not going along with the program of the police."

"Just making the officers mad?" Rodriguez offered.

Burton replied, "Well, right. And it's, also, and another point you made is that it's much more dangerous than the manufacturer, who provides a training, tells the officers. There have been over 500 fatalities associated with taser use or extreme injuries caused by falling, darts hitting people in the eye, people exploding because of being near flammable liquids, et cetera."

Rodriguez said to both men, "I think the point both of you can agree on is that tasers should not be abused. But is there anything that can be done to prevent abuse?"

Stanton said, "A cop tells you to pull over, pull over. Don't ram him three times, don't take a swing at a cop."

"You know full well some people do that and officers, you never know how they will react," Rodriguez said. "Is there anything you can do to teach officers not to do that?"

Stanton said, "Absolutely, more comprehensive training for the officers. Teach them how to use the tools in their tool bag."

Friday, August 13, 2010

Man who suffered brain damage after being stunned wins $2.85M lawsuit from Taser

August 12, 2010
Jennnifer Squires, Mercury News

SANTA CRUZ -- A Watsonville man permanently injured after he was shocked with a Taser nearly four years ago won a $2.85 million settlement against the stun-gun maker this summer, the first time Taser International has settled a product liability case, according to court documents.

However, the company did not admit to any liability for the anoxic brain injury Steven Butler, 49, suffered after being shocked.

Over objections by the company's attorneys, Judge Jeff Almquist declined Thursday to seal the court documents that divulge the dollar value of the agreement.

Almquist said there's "therapeutic value" in leaving the court's business open to the public, even though those involved in the case signed a confidentiality agreement that forbids them from discussing the settlement.

"The agreement seems to be the best that can be accomplished," Almquist said.

Butler was drunk and off his psychiatric medication in October 2006 when he refused to get off a bus and a Watsonville police officer used a Taser X-26 electronic control device to subdue him. After being stunned, Butler went into cardiac arrest and stopped breathing. It took medical personnel 18 minutes to resuscitate him and, as a result, Butler suffered a debilitating brain injury.

Butler has brain damage and no short-term memory; he also lost mobility and his motor skills decreased. He needs around-the-clock care and can't be left alone, according to court documents.

His condition is stationary, meaning there's little chance Butler will recover, Almquist said in court.

Since the injury, Butler's brother, David, has been caring for him. Part of the settlement award will be put into a special-needs trust to provide the family with more than $4,700 a month to cover medical and other costs. The payment begins in September and is guaranteed for at least 20 years.

"This resolution will allow the Butler family to comfortably care for Steve for the rest of his life," attorney Dana Scruggs, who represented the Butlers, wrote in court papers.

Other money from the award will pay old medical bills and possibly purchase a home for Butler. A significant portion of the settlement will go to the family's attorneys, who spent more than 600 hours and $250,000 preparing the case for trial.

During Thursday's hearing, Steven and David Butler sat together in the back of the courtroom. Outside of court, the brothers, thin men with matching mustaches, declined to talk about the resolution.

Another of the family's attorneys, Nathan Benjamin, said "they're very happy to have this resolved." In a declaration filed by the court, Scruggs outlined the challenges in taking on the stun-gun company.

Taser International claimed Butler had several pre-existing cardiac and health conditions that contributed to his injury. However, Scruggs said most of the scientific and medical research about the adverse effects of electric shock from a stun gun is directly or indirectly financed by the company.

At the time of Butler's injury, the company had never lost a lawsuit.

Attorney John Burton, who won a lawsuit against the city of Salinas and Taser International on behalf of the family of Robert C. Heston Jr., helped with case. Heston died after being stunned multiple times by a police officer armed with a Taser in February 2005. The Heston case, in 2008, marked the first time a stun-gun victim had won a product liability trial against Taser International.

The legal team assembled for the Butler case compiled investigation, discovery, pleadings and research that filled 11 banker's boxes. They were prepared to go to trial in the spring, but the case was postponed and then settled.

Tuesday, July 13, 2010

Is excited delirium killing coked-up, stun-gunned Miamians?

July 13, 2010
By Gus Garcia-Roberts, Miami New Times News

"And then all of a sudden he broke out in a great flame of anger, stamping with his foot, brandishing the cane, and carrying on like a madman." — The Strange Case of Dr. Jekyll and Mr. Hyde

It was as if he were two people. Most of the time, Xavia Jones was a mellow, caring father to his daughter, Catherine. He was an ex-con determined to self-improve, a CNN junkie who studied after work at the Miami Beach Convention Center to earn union certification.

But more and more often, something terrible was taking hold of the lanky Opa-locka native whose skin was inked with "Immortal," "Outlaw," and "Thug Life." Xavia's live-in girlfriend, Carrie, would find him hiding behind the couch, a sweating, convulsing fugitive from invisible corrections officers or other unknown enemies. And he'd burst into evil spells, slapping Carrie and pulling her hair, threatening to kill her for cheating on him, his face a dark slate. "He could be a very good friend," Carrie says, "or the next moment he could be scared and paranoid, thinking everybody in the world was after him."

And then one Friday night after work in January 2008, Xavia permanently entered his own private horror show. Sitting on a couch among friends in a Coral Gables condo, sweating, twitching, and blasted on lines of coke and a half-dozen beers, he hugged himself and pleaded, "Oh, please, Jesus, give me the strength not to do this."

Then he began growling, screaming, and running in and out of the apartment like a man on fire.

At 2 a.m., Coral Gables cops found him lying in the middle of traffic-clogged U.S. 1, screaming, "God is coming to take me!" As an officer edged toward him with gun drawn, Xavia's eyes gleamed as he dared him: "Kill me, kill me, shoot me, shoot me."

One of the four cops present would later say Xavia's threatening posture made it "unsafe to approach." So Sgt. Jesus Garcia unloaded his Taser four times into the writhing man. It "seemed to have no effect." So another officer, Scott Selent, hit him with five more electrical bolts. This time, Xavia "kind of locked up, almost like he was a board," the police would later recall.

As the electricity coursed through Xavia's muscles, the cops slapped cuffs on his wrists, dragged him to the sidewalk, and set him facedown on the pavement. "What the heck is going on?" one officer asked.

"Fuck you, motherfucker," was the answer. As soon as Xavia said it, his body went limp and a white liquid trickled from his mouth.

Xavia Jones was the fifth person to die after being hit with a police stun gun in Miami-Dade, according to a December 2008 study by Amnesty International, ranking it seventh of all counties in the United States. Fifty-two people died in Florida after being hit by the 50,000-volt department-issued Tasers, second only to California's 55.

But the electricity didn't kill Xavia, according to Miami-Dade County associate medical examiner Erik Mont. The official cause: "excited delirium syndrome, associated with cocaine use."

The symptoms were all there, wrote Mont: "agitation, excitability, paranoia, aggression, great strength, numbness to pain, and sudden death."

In fact, in all five county cases of death following tasing, the medical examiner's office named excited delirium as the cause of death. According to the 2008 Amnesty International study, 111 of the nation's 334 post-Taser deaths were blamed on excited delirium.

The bizarre syndrome, first diagnosed in Miami, transforms its typically sane victim into a slobbering, raging, supernaturally strong menace hell-bent on self-destruction. It could be ripped straight from the pages of The Strange Case of Dr. Jekyll and Mr. Hyde, Scottish scribe Robert Louis Stevenson's 1886 archetypal tale of split personality. In the novella, the gentle Dr. Jekyll drinks a potion to become the murderous, hideous Mr. Hyde. In this real-life affliction, the spark is cocaine.

Excited delirium appears to be inflicting Miamians at an especially alarming rate. Since 1989, the Miami-Dade medical examiner's office has declared 38 people dead of the syndrome. In the past decade alone, that number is 28, compared to five during that time in Broward County.

The Miami victims were predominantly male. Twenty were white or Hispanic; 18 were black. They included a hairdresser, a truck driver, and an attorney. Thirty-six of them had cocaine in their system. The other two were diagnosed schizophrenics.

Among the cases: the crack-addicted former lawyer who ran around Liberty City, screaming that somebody was trying to kill him. He broke into an abandoned house and began beating the walls, and himself, with a stick when he was tased. He died in handcuffs soon after.

Then there was the 35-year-old Northwest Miami-Dade father who for a full day had been "acting paranoid" and was unable to recognize his children, his wife later told cops. Police showed up after he ran into noontime traffic, and he stopped breathing one to two minutes after being handcuffed.

Perhaps the strangest rampage was that of the Key Largo vacationer from Homestead who jumped on the hood of a moving vehicle and rode it for a mile, ransacked a toll booth after chasing away the collector, and climbed in and out of an unlocked van before bursting into an occupied houseboat and hiding in the bathroom. When cops showed up, he swam to a small island, where he was finally apprehended and expired in plastic cuffs and leg restraints.

While Miami-Dade seems to be far outpacing more populated counties throughout the nation in the number of excited delirium cases, critics from the American Civil Liberties Union and the families of victims believe there's a reason the syndrome resembles overwrought fiction: because it is.

The syndrome is not listed in textbooks or recognized by the American Medical Association or the American Psychiatric Association. It has been met with skepticism as it has spread to the United Kingdom and Canada: A police psychologist in Canada recently made headlines when he testified that excited delirium is a "mythical... dubious disorder" used to justify the use of stun guns, and the Canadian Medical Association Journal has termed it a "pop culture phenomenon."

It is police, not excited delirium, causing at least some of the deaths, critics charge. Of 35 excited delirium death reports the Miami-Dade medical examiner's office made available to New Times, 23 of the subjects died after struggling with police officers. Besides the five tasing incidents, they were hogtied, headlocked, and pepper-sprayed. All were unarmed.

"It's overused by medical examiners across the country to hide brutal murders by law enforcement," says Ronald J. Kurpiers, an attorney who recently challenged the diagnosis in a U.S. Supreme Court lawsuit against West Palm Beach Police officers. "It's bullshit."

As for Xavia Jones's bereaved girlfriend, Carrie, she tells their 5-year-old daughter, Catherine, that Daddy died of a heart attack. "When she gets older," Carrie explains, "I'll tell her the whole story."

Asked if she thinks the police killed Xavia, Carrie scoffs. "I can tell you that he wouldn't have died if they weren't there."

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Four decades before Robert Louis Stevenson is said to have scrawled his nightmare-inspired tale of rampage in a three-day cocaine-fueled writing spell, a horse and carriage pulled on to the manicured grounds of the McLean Asylum for the Insane in Somerville, Massachusetts. The coach had traveled 40 miles, and the 31-year-old woman whom orderlies struggled to extricate had "contended violently" the entire way.

She would be immortalized in scientific literature only as "E.A.P.," and she "attack[ed] wildly and discriminately all who approached her."

Her condition that day in July 1847 was a mystery. She was an Army wife, and her husband was away fighting the Mexican-American war. She didn't drink, so the asylum director, Luther V. Bell, ruled out she was suffering from the withdrawal mania delirium tremens. The normally reasonable woman had simply blown a fuse, it appeared, during tea with friends.

McLean Asylum was an opulent place, later home to the notably unstable such as Sylvia Plath, Rick James, and Ricky Williams. The patients ate lobster, and the psychiatric methods were relatively modern. But director Bell broke his own rule and tied E.A.P. to her hospital bed. For the next 16 days, she remained "highly excited" even as she was leeched and administered opium. She rarely slept and "recognize[d] no one."

Then E.A.P. contracted diarrhea. The next day, she simply died.

Bell observed 40 such befuddling cases of unexplained sudden mania from 1836 to 1849, with 30 of them ending in death. The "exhaustive mania" spurned him to publish an October 1849 study in the American Journal of Insanity.

He described the typical afflicted patient as uncomprehending and "suspicious," with dilated eyes and a "pinched-up... florid and greasy" face. "Oftentimes [the] sensation of danger will exhibit itself in the patient attacking any one who approaches him with a blind fury,'' Bell wrote. "If held, he will struggle with the utmost desperation, irrespective of the number or strength of those who may be endeavoring to restrain him... At the expiration of two or three weeks, your patient will sink in death."

The minority that weren't killed by exhaustive mania, wrote Bell, "emerge[d] in a state of absolute recovery at once."

While he noted that "almost every one" of those with the mysterious affliction was strapped to his bed, the doctor was clearly perplexed as to treatment options. He could only cautiously recommend small doses of opium and wine.

The affliction would become known as Bell's mania. Other early 20th-century scientists performed their own studies on similar lethal spells they called "psychotic furors" and "restraint psychosis." And more than a century after the mystery at the gilded asylum, director Bell's findings were revisited in a place he likely could not have imagined: the cocaine-flooded streets of 1980s-era Dade County.

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As the Victorian upper crust had treasured its cure-all opium, Miamians doted on their chic white powder at the height of the disco era. "Cocaine was thought to be an open secret, a wonder drug that nobody ever died from," says Dr. Charles A. Wetli, who took his post as Dade County's second-in-command coroner in the late 1970s. Meanwhile, his office processed two overdoses a week.

So Wetli, also a University of Miami pathology professor, co-authored a scientific paper about "death caused by recreational cocaine use" — a revolutionary concept at the time. But it was more difficult to explain an influx of strange cases that began showing up on his gurney: subjects who had raged wildly before sudden death. Cocaine was found in their systems, but not enough to cause overdose.

Wetli noted a profile. "It only happened in chronic users of cocaine, and predominantly in males," he says. "It's as if they're impervious to pain — to pepper spray, to batons, to numchucks. You spray them with pepper spray and they just sort of look at you."

Wetli and UM colleague David A. Fishbain found seven such cases — six in Miami-Dade and one in Palm Beach County — that had occurred during a 13-month period in 1983 and 1984. The resulting study pioneered excited delirium.

The death cases read like classics of the syndrome: The female drug trafficker, the only woman in the study, who suddenly jumped out of a moving car. "You're trying to kill me. Please don't kill me. I have children," she begged of her boyfriend, who was driving, as she dove out the passenger-side door. She died after several police officers "subdued" her with handcuffs and ankle restraints.

Or the 26-year-old man who fought with his boyfriend, stripped naked, and "ran about the apartment smashing a variety of objects," lacerating himself, before expiring in restraints at the hospital.

And the cocaine freebaser who "began running down the street yelling and screaming unintelligibly." He stole and fired a police officer's gun after being tackled. Cops struck him twice on the head with a heavy flashlight, but the medical examiner didn't find lethal injuries.

In five of the seven cases, the subjects died in police custody. Wetli and Fishbain didn't know why excited delirium caused death, but they posited it might have had something to do with the increasing purity of street cocaine. Their only recommendation was that cops and paramedics "be aware of the potential for sudden death" in crazed subjects.

But if Wetli was treading on shaky ground, his biggest case would call into question whether he was stretching the evidence to fit his theory.

For a decade, the bodies turned up in flop motels, parking lots, and alleyways throughout inner-city Miami. They were often naked from the waist down and all showed signs of recently having had sex. They were all black women. Most were prostitutes and chronic cocaine users.

Cops and medical examiners were stumped by the 32 corpses found from 1980 to the turn of the next decade. But it wasn't the work of a subtropical Jack the Ripper, declared Dr. Wetli. Autopsies "have conclusively showed that these women were not murdered," he told the now-defunct Miami News in 1988. Instead, he hatched a brazen theory that would come to provide ammunition for modern-day debunkers of excited delirium.

Wetli posited that a female offshoot of the syndrome, involving the combination of sex and years of cocaine use, had caused the serial deaths. "My gut feeling," Wetli told New Times in 1989, "is that this is a terminal event that follows chronic use of crack cocaine affecting the nerve receptors in the brain."

"For some reason," he expounded to the Miami News, "the male of the species becomes psychotic [after chronic cocaine use] and the female of the species dies in relation to sex."

But in 1992, police announced they had found a serial killer responsible for the deaths: 36-year-old Charles Henry Williams. Wetli's boss, chief examiner Joseph Davis, exhumed the bodies for re-examination and found evidence of asphyxia. Williams died of an AIDS-related illness before he could face the mounting evidence against him, which included physical links, accounts from escaped victims, and a pattern that showed that when he was in prison, the deaths ceased.

Wetli's apparent missed call 20 years ago casts doubt on excited delirium today, says Nashville attorney and National Police Accountability Project member Andrew Clark. "He's one of the guys who coined excited delirium, and he misapplied it to the work of a serial killer," Clark says. "How do we know his colleagues aren't making a similar mistake?"

Today, Wetli, who is in private practice in New Jersey, initially downplays his theory. He had to make a diagnosis so that the bodies could be buried, he says. But then it becomes clear he still believes that death-by-sex might have killed those women 20 years ago. "It's certainly a possibility," he says. "The guy never went to trial, so we'll never know. The police had a commendable theory in suspecting him. But believing in something, and proving it, is another story."

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University of Miami's brain bank, located on the fourth floor of a drab building in downtown Miami, is all cramped quarters, depressing lighting, and towering filing cabinets. It has about as much evil-lair feng shui as a small-town library.

But this — if you believe critics — is where neurology professor Deborah Mash, Dr. Wetli's heir as the world's leading expert on excited delirium, bends over brain samples, presumably with a hunchbacked assistant by her side, and concocts the science fiction that is gaining acceptance throughout the world.

"She's just a charlatan," California attorney John Burton, who has turned taking on Taser into his career, says of Mash. "She's not a medical doctor, and she has no business opining on cause of death."

But the 56-year-old, dark-eyed neurologist, who wears pantsuits and a skeptical smile, doesn't act the villain when she meets with New Times. She calls a reporter "silly boy" in a chirpy drawl and commiserates with the anger she attracts. "Everybody's pointing fingers. Nobody's happy," she says of excited delirium deaths. "And the problem for medical examiners is that they have no anatomic cause of death. You're running around manic one minute, and the next minute you're dead."

It's not the first time Mash has been called a junk scientist. She made headlines in the 1990s when she championed the use of an organic African hallucinogen called ibogaine as a "vaccine" for cocaine dependence. Stonewalled from government funds, she opened an ibogaine clinic on the Caribbean island of St. Kitts, and she says she's still continuing her research on the drug through private funding.

Mash has met similar resistance with excited delirium. The ACLU says it's used to "whitewash clear cases of police abuse," as spokesperson Eric Balaban puts it.

Founder of UM's groundbreaking Excited Delirium Education, Research and Information Center, Mash probably hasn't helped matters by providing paid expert testimony to Arizona-based Taser, International. The $2 billion company, which distributes stun guns to 40 countries, has successfully fended off dozens of wrongful death and product liability lawsuits.

Taser, which insists its guns are nonlethal, has become an enthusiastic lobbyist for excited delirium. Its reps distribute books about the subject at conferences for medical examiners and police chiefs, send information to medical examiners processing in-custody deaths, and even recently circulated a ready-made statement for police departments to use when somebody dies after being tased: "We regret the unfortunate loss of life. There are many cases where excited delirium caused by various mental disorders or medical conditions, that may or may not include drug use, can lead to a fatal conclusion."

The company has gone so far as to successfully sue medical examiner's offices, such as the one in Akron, Ohio, for listing Taser as a cause of death.

As stun guns have proven virtually unassailable in court, governments across the nation have adopted them en masse. In 2005, a Miami-Dade County grand jury recommended Taser use even in non-life-threatening situations. The finding cited excited delirium repeatedly, endorsing the use of Tasers "as a nonlethal method to incapacitate individuals" believed to be in the throes of the mania.

You could say the company appreciates Mash's work. "She's doing really cutting-edge research all on her own," says Taser spokesperson Steven Tuttle, "and it's very fascinating stuff."

In a 2009 deposition for a civil case against Taser, Mash admitted to earning $16,000 from Taser for excited delirium testimony the year before. In the court interview, she claimed to have forgotten how much the company paid her in previous years, and she recently refused to tell New Times how much Taser has paid her since. "I haven't done my taxes," says Mash, co-owner of an $868,000 North Bay Village house with ex-husband, former Miami-Dade Democratic Party chair, and mayor of the village, Joe Geller. The neurologist adds that Taser has never funded her research.

Mash insists she has testified only as an expert on excited delirium and has no opinion on the safety of stun guns. "Who cares about the Taser?" she squawks. "I don't care about the Taser, and I'll tell you why. Excited delirium was happening before the Taser. Excited delirium was happening in the 1800s, in Bell's institutionalized psych patients. If it happened with pepper spray, you'd say, 'Oh, it's the pepper spray that's killing them.'"

The same goes for restraints, hog ties, and baton strikes, Mash says. But the bottom line: "We have some cases where there were no police involved, and they still died."

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London native Matthew Kahn came to South Beach, along with his boyfriend and three other friends, seeking to celebrate the turning of the millennium in debaucherous fashion. The 28-year-old got his hands on a bag of crystal meth and snorted it away. And then, his partner Dale later told cops, he simply went "mad."

In the early morning of January 3, 2000, Matthew ripped apart the bathroom in a guest room at the Clay Hotel on Española Way, slicing and bruising himself in the process. Just before 10 a.m., paramedics found him in the throes of continuous seizures. He died in the South Shore Hospital emergency room, with only about a tenth of the amount of cocaine or meth in his system needed to cause overdose.

The English tourist's death is one of about five in Miami-Dade's recent history that Dr. Mash has reason to tout. There were no cops involved, no struggle, and no blunt trauma. Matthew, like those Massachusetts asylum patients of scientific lore, simply expired.

The same is true for a 36-year-old bail bondsman named Nathaniel Blash, married father to two teenagers, who was found dead, wearing only boxer shorts and jewelry, lying face-up under an SUV on NE 53rd Street, with cocaine in his system and no signs of injury.

And 29-year-old Marlon Sankar, a clean-living truck driver who apparently turned to cocaine in his distress over a breakup. Authorities found him lying nude and bleeding in his Miami Springs front yard after he tore apart his bathroom with his bare hands. (One simple theory for all of the destroyed bathrooms: that's the most common place to use drugs.) Marlon claimed he had been robbed and beaten — which was later determined to be untrue — and he died suddenly at Jackson Memorial Hospital.

And 41-year-old Roosevelt Baker, who on a hot July afternoon was sprinting in and out of a South Miami RaceTrac gas station and yelling incoherently when he collapsed dead before police arrived.

In this handful of cases, neither family members nor lawyers contested Dr. Mash's cocaine-induced syndrome. It seems there was nothing else there to cause death.

As a police report put it in the case of 29-year-old Stephen Daugharty, who collapsed after running through his Homestead neighborhood while screaming that someone was trying to kill him: "His father said that he had a good heart, but he loved drugs more than life."

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Even as the controversy has raged, Mash has spent the past decade studying patterns in the dissected brains of cadavers diagnosed with excited delirium. And she claims she is close to solving the mystery of why the disputed syndrome causes death.

Mash now believes certain people are genetically predisposed to excited delirium. Cocaine, methamphetamine, or in some cases, unmedicated mental illness is the spark that causes the "electrical event" transmitted from the brain to the heart.

"It's almost like a jack-in-the-box," Mash says of those prone to excited delirium. "The springs are fully wound. You can walk around your whole life like this and you're not going to pop your cork. But if you start smoking crack, and you've been hitting the crack pipe for a number of years, and then one day — dun-dun-dun — you have full-blown excited delirium."

The brain goes into hyperthermia, sizzling like bacon at temperatures of 105 degrees or higher, causing extremely sudden cardiac arrest, which is why many sufferers tend to rip off their clothes or seek shade under vehicles. "Medical examiners have described cases," Mash says, "where paramedics get to the scene and the room is trashed, there are ice cubes everywhere, and the subject is dead. That tells me that person was trying to cool down."

Mash believes some people might suffer "flicker episodes" — nonfatal spells — of excited delirium. If true, that could explain the flashes of strange behavior Xavia Jones exhibited months before being tased in Coral Gables, and it might even solve the mystery of those briefly afflicted patients at the 19th-century McLean Hospital who snapped out of their madness as quickly as they had been smitten by it.

However, there's still no way to identify those cursed with excited delirium until it's too late, Mash says. She responds it's "not [her] job" to give advice to cops or paramedics who encounter somebody in the throes of excited delirium. And she becomes glib when asked how people can protect themselves from dying of the syndrome: "Yeah, don't do drugs. If you're at risk for excited delirium — of course, we don't know who you are — no methamphetamine or cocaine for you. Start with that. And if you're a psychiatric patient, please keep your medicine compliant."

But Miami-Dade Fire Rescue paramedics have taken an unprecedented step in battling the body count: They are now equipped with excited delirium survival kits, designed to stop brains from hitting the griddle.

The new protocol was dreamed up by Miami-Dade chief medical examiner Dr. Bruce A. Hyma — an unabashed excited delirium bible-thumper and member of the Mash-founded UM research center — and fire-rescue officials. "We discussed how we can maybe abort this cycle and somehow save some lives," Hyma says. "The long and short of it is, if we can minimize the amount of physical exertion when this whole process starts, we can mitigate the amount of overheating that leads to death."

The plan, which has been in effect since 2007: First, a police officer tases the manic subject. Next, rescue workers quickly administer a nasal hit of Versed, a knockout drug commonly used on patients before surgery. Last, the subject is injected with iced saline to keep his or her temperature down. "The key is that when one of these events occurs," Hyma says, "it [should] be recognized as a medical emergency, not as a domestic altercation or a civil disturbance."

Hyma believes Miami-Dade is the only county to have such an approach in action, although "maybe others have copied it now and are using it." Hyma offers the unverified claim that 19 of 20 manic subjects hit with the Versed-and-saline cocktail have survived. One hitch: Because they lived, there's no way to prove those survivors were suffering from excited delirium in the first place.

Hyma hopes counties across the nation soon follow Miami-Dade's lead. Then comes the day, naturally, when paramedics are equipped with Tasers. Which is further gloom and doom for the civil rights set. Amnesty International's Jared Feuer sounds fatigued when told of the innovative approach: "So, wait, they tase them and then drug them?"

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"Right in the midst there lay the body of a man sorely contorted and still twitching." —Dr. Jekyll and Mr. Hyde

It's apparent Linda Lewis misses being a mother. She attempts to gorge a reporter on soda, offers to make him lunch, and sternly advises him against speeding on his way back to Miami. Her Lantana home is a shrine with photos of her son, Donald Lewis, who lost his life at the age of 38 on the side of a road in October 2005. Every so often, she picks one up and shakes it. "Does this look like a drug addict to you?" she demands. "He could have been a model!"

The pictures display a John Mellencamp song come to life: shirtless and handsome, with an American flag tattoo on his bicep and a big, beef-eating smile.

It's clear there were two Donalds. There was the one Mom knew, the hard-working screen installer who made $40,000 a year, doted on his teenage son, and grew husky on her home-cooking.

Then there's the one police officers knew: arrested upward of 60 times on drug-possession and petty charges, one of those crackheads who swear to go clean but never do.

On October 19, 2005, Mugshot Donald won the battle for good. That's the day West Palm Beach cops found him writhing and incoherent along 45th Street, wrestled him to the ground, hogtied him, and then struggled in vain to revive him when he suddenly went limp.

A Cops TV crew captured some of his grunted final words: "The cops are killing me... Mother, I love you. Father, I love you. Jesus, I love you."

The Palm Beach medical examiner's ascribed cause of death: "sudden respiratory arrest following physical struggling restraint due to cocaine-induced excited delirium."

What's really happening in the unaired footage depends upon whom you ask. To Dr. Mash, Donald's paranoia and imperviousness to pain — he withstood chokeholds and hard knees to the back and neck from four large male police officers — would appear to be classic excited delirium. But to Linda Lewis, who forced herself to watch the video only once, those same methods used on an unarmed, handcuffed man mean something altogether different. "Excited delirium didn't kill my son," she says. "The police killed my son."

Lewis filed an excessive force suit against the City of West Palm Beach and the five officers on the scene. Dr. Michael Baden, former New York City chief medical examiner, testified that Donald had in fact died of "asphyxia caused by neck compression."

A federal judge ruled the police were protected from the lawsuit by "qualified immunity," and an Atlanta appeals court upheld the decision. This past February, the U.S. Supreme Court dismissed the suit without explanation.

But if excited delirium has become legal Kevlar for police departments and Taser International in wrongful death suits, a few bullets have recently pierced the vest.

In June 2008, a California jury ordered Taser to pay $6.2 million to the family of Robert Heston, who died after being stunned by Salinas Police, despite the company's defense that he had died of excited delirium. Attorney John Burton argued that the company should have known its guns could cause cardiac arrest, and issued a proper warning to police. Though the penalty was later reduced to $1 million, it was the first time Taser had lost in court.

And this May, the City of Fort Worth, Texas, paid a $2 million settlement to the family of 24-year-old Michael Patrick Jacobs, who died after being tased by cops last year. The settlement came with no admission of guilt, but an unprecedented step by Taser spoke volumes. The company issued a bulletin to police departments advising officers to avoid tasing people in the chest.

Taser spokesperson Tuttle, who maintains that his stun guns have still never been proven to be lethal, downplays that development. "The one thing we've always recommended is that the back would be a great shot because there's more nervous tissues and more muscles back there. We're going to have more problems if people aren't using it where we recommend it for maximum effectiveness."

The courtroom batterings of Taser and excited delirium do nothing for Linda Lewis, who has begged for "just an apology" from the officers involved in her son's death. There is no further recourse in her lawsuit against the City of West Palm Beach. Says her attorney, Ronald Kurpiers: "The police literally got away with murder."

Tuesday, March 16, 2010

Judge fines Taser International; case moves to trial

March 15, 2010
By Jennifer Squires, San Jose Mercury News

SANTA CRUZ - A Santa Cruz County Superior Court judge denied a motion by a stun-gun manufacturer to dismiss a civil lawsuit filed by a man who claims he suffered permanent injuries after being shocked by one of the weapons in 2006.

Monday, Judge Jeff Almquist turned down the request by TASER International that would have ended the case. Almquist also fined TASER International $15,000 for delaying the court process, according to court documents.

Watsonville resident Steve Butler, now 51, is seeking lifetime medical costs in the suit. The trial is set for Aug. 2.

Thursday, March 04, 2010

Tonight on CNN - Tasers under scrutiny after claims of death and injury

The giant south of the border awakens - slowly but surely ...

See an investigation into the potential health dangers of tasers on tonight's "Campbell Brown" on CNN tonight, 8 p.m. ET

By Dan Simon and David Fitzpatrick, CNN Special Investigations Unit

Watsonville, California (CNN) -- Sitting at the kitchen table in his small house, Steven Butler has trouble even with a very simple question. He cannot tell you the day of the week or the month, and he has to have the help of a calendar to tell you the year.

"Once a moment is gone, it's gone," said his brother and caregiver, David Butler says in an interview to air on tonight's "Campbell Brown". "He can't remember any good times, birthday parties, Christmas, any event."

On October 7, 2006, Steven Butler, by his own admission, was drunk and disorderly. He refused an order from a police officer in his hometown to get off a city bus. The officer used his Taser ECD (officially, an "Electronic Control Device") three times.

According to doctors, Butler suffered immediate cardiac arrest. He was revived by emergency medical technicians who happened to be close by, but his attorneys say his brain was deprived of oxygen for as long as 18 minutes. He is now permanently disabled.

Butler and his family have filed a lawsuit -- not against the police, but against the maker of the weapon, Taser International.

John Burton, a lawyer based in Pasadena, California, says he can prove that when the weapons are fired directly over the chest, they can cause and have caused cardiac arrest. In addition, Burton says he can prove Taser knew about that danger.

"Well, we can prove that by early 2006," said Burton, "but we suspect they had all the necessary data since 2005, since they were funding the study."

The study Burton mentions was published in early 2006 by the American College of Cardiology Foundation. Funded by Taser, it focused on pigs struck by Tasers, with the conclusions, according to the study, "generalized to humans."

The authors wrote that being hit by a Taser is unlikely to cause cardiac arrest, but nevertheless recommended Taser darts not be fired near the heart to "greatly reduce any concern for induction of ventricular arrhythmias."

Dr. Douglas Zipes, a cardiologist based outside Indianapolis, Indiana, plans to testify against Taser in any lawsuit regarding what happened to Butler. In plain English, he says, that recommendation is a clear warning.

"I think Taser has been disingenuous and certainly up to 2006 -- the case we are talking about -- Taser said in their educational materials that there was no cardiac risk whatsoever," Zipes said. "That Taser could not produce a heart problem, that there was no long lasting effect from Taser."

Medical experts say that if a person is hit by a Taser dart near the chest, one result is a dramatic increase in the subject's heartbeat -- from a resting 72 beats a minute to as many as 220 beats a minute for a short period of time. In its court filings, the company says the "peak-loaded" voltage from a Taser at impact ranges up to 40,000 volts but it's a 600-volt average for the duration of the firing.

In an e-mail, a spokesman for Taser said the company would not comment on any ongoing litigation. But in a court filing seeking to dismiss the Butler lawsuit, it said Taser devices "are repeatedly proven safe through testing, in human volunteers, in controlled, medically approved studies." There's no evidence, the company says, that being hit with a Taser causes cardiac arrest in humans.

But the company has significantly changed its recommendations for how Tasers should be used. Officers, it said, should no longer aim for the chest when using the device, instead targeting the arms, legs, buttocks.

Why the change?

A company document said "the answer has less to do with safety and more to do with effective risk management for law enforcement agencies."

In other words, say lawyers who have sued Taser, it means police are less likely to be sued if they avoid hitting subjects in the chest. In court papers, Taser says the risk of cardiac arrest is "extremely rare and would be rounded to near zero," but it adds: "However, law enforcement is left defending a lawsuit and disproving a negative, which is difficult to do."

"Out of one side of their mouth, they publish this warning, saying, 'Don't hit people in the chest if you can avoid it,'" said Dana Scruggs, an attorney representing Steven Butler. "And on the other side, in the lawsuit and in their public statements, they deny that their device can affect the human heart."

Nearly every big-city police department in the United States uses a Taser device. According to the company, more than 14,000 law enforcement agencies worldwide employ Tasers and more than 1.8 million people have had the weapon used on them since it was introduced into general law enforcement use in the 1990s. The human rights organization Amnesty International estimates more than 400 people have died as a result of Taser strikes.

Officially, it's not a gun. As an electronic control device, Tasers are not classified as a firearm. The devices are regulated by the Consumer Product Safety Commission.

"There's one thing that's undeniable -- that if I use my firearm, the chances are that you will suffer extreme injuries or death," said George Gascon, the newly installed police chief in San Francisco, California. "The chances are much greater of reducing injuries with a Taser."

San Francisco is one of three big-city police departments in the United States that don't use Tasers (The others are Detroit, Michigan, and Memphis, Tennessee). Gascon wants to change that. He supports use of the device but says to call it "nonlethal" is inaccurate.

"We have referred to the Tasers for many years as a less-lethal weapon," he said. "In the San Francisco experience, which we have to concentrate on, I have not said once that this is a nonlethal device because I believe it can be a contributing factor in causing death."

Read: Chief's Taser proposal rejected in San Francisco

Taser International is growing. Its latest earnings report says the firm made more than $100 million in profits last year by selling Tasers to both law enforcement and to individual consumers. And the company says even more police and sheriff's departments are lining up to purchase the weapon every day.

The company argues in Steven Butler's case that simply being in a stressful situation with police can bring on heart problems, and there's no link between being being hit with a Taser and the cardiac arrest.

For Steven Butler, greeting the mailman now is a highlight of his day. He doesn't dispute that he was drunk and disorderly when the officer tried to get him off the bus, but he and his family blame Taser for what happened to him. He says he's not frustrated or angry, just resigned to spending the rest of his life trying to remember what happened.

San Francisco Police Commission warned on Taser risks

March 4, 2010
Jaxon Van Derbeken, San Francisco Chronicle

Researchers and experts warned the San Francisco Police Commission on Wednesday about the lethal risk of Tasers and urged the panel either to strongly limit or reject their use in dealing with unruly suspects.

The seven-member panel, which had already heard a number of experts speak in favor of Tasers as a way to reduce deaths and injuries, was expected to vote late Wednesday on whether to draw up a policy for their use by the San Francisco Police Department.

But Zian Tseng, a UCSF researcher, cited a sixfold increase in deaths in custody during the first year of their use in 50 Taser-fielding agencies surveyed in California. He could not say if Tasers had a role in any of those deaths. Tseng also noted that officer-involved shootings went up as well, but those shootings and in-custody deaths dropped back to previous levels following the first year of Taser use.

"There is a risk, but there's a smart way of using the Tasers," he said. He cautioned that officers should not fire at the chest or multiple times and that they need to keep heart defibrillators at hand to revive suspects. Dr. Byron Lee, a UCSF cardiology professor, warned against "usage creep" by officers, who are more inclined to use a Taser as they see how easily the device stops suspects. "That's where the risk happens, where you don't realize these are potentially lethal and they are used in a haphazard manner."

Most cities use Tasers

San Francisco is one of only a few major cities in the United States whose officers are not equipped with the weapons, which incapacitate suspects by stunning them with an electrical charge.

The seven-member commission, made up of four mayoral appointments and three members appointed by the Board of Supervisors, was considering Chief George Gascón's request to equip officers with Tasers. On Feb. 17, the panel decided unanimously to delay a decision so it could study Taser research after voting 4-3 against moving forward immediately.

After becoming chief in July, Gascón commissioned a study of officer-involved shootings in San Francisco over five years that found that as many as one-third could have been avoided had police been able to use Tasers.

Critics, however, cite studies that indicate a possible connection between the stun guns and the risk of sudden heart attack in people hit with them. They note that manufacturer Taser International warned police last year not to fire the devices at suspects' chests, after one of the company's scientific advisers concluded that at least one fatal heart attack in an otherwise healthy person had been caused by the device.

John Burton, a lawyer who won a $5 million judgment against Taser International in the case of a man who died after being Tased by a police officer in Salinas, urged the commissions to reject Tasers as "very dangerous" and largely untested and unregulated.

"Departments are relying on training and representations of the manufacturer, which has a built-in conflict of interest," he said, adding that Taser had "covered up a real health risk."

Burton said the company has known since 2005 that the devices could stop the hearts of animals and, later, humans, but failed to warn officers until late last year about not firing at the chest and against multiple uses.

"This is a company that simply refuses to sell its product with advice about how it could be used most safely" he said, adding that the "hidden dangers" outweigh the utility of the device.

ACLU weighs in

Kelli Evans, associate director of the American Civil Liberties Union of Northern California, urged the panel to reject the proposal as ill conceived and premature. "The first step is to back up," Evans said. "You've got the cart before the horse."

She said the department should first reach out to community groups, particularly mental health experts, before the matter goes to the commission.

"What needs to happen is a community dialogue - does this really make sense in San Francisco right now?" she said, suggesting that the community distrusts the police and the department's use-of-force tracking.

Evans said Memphis has developed an alternative to using Tasers, creating a mental health response team rather than use the device on mentally ill suspects. She said that if the city does deploy Tasers, it is "important not to do it carte blanche."

But 38-year SFPD veteran Vince Repetto, who joined a contingent of officers waiting to speak in favor of Tasers, said before the meeting that the Taser proposal is literally "a life-or-death decision."

"It's not if, but when, a Taser is used to stop a knife-wielding suspect and a life is saved," he said. "Then you will see the results of your decision. Let us hope that same suspect is not shot dead because an officer lacked a valuable option to deadly force."

Roughly 400 people in the United States have died since 2001 after being hit with stun guns, but Taser and its proponents, including Gascón, say most had existing heart conditions or had been using drugs.

An important vote

It appeared the Police Commission's decision could hang on the vote of commissioner Jim Hammer, a former San Francisco prosecutor who was among the majority voting against immediately drawing up a policy Feb. 17. He said then that he supported a delay so fellow commissioners could ponder the issue.

Hammer signaled before the meeting Wednesday that he supported giving Tasers to officers, but only if rules are put in place restricting their use to extreme circumstances.

Monday, November 23, 2009

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."

Saturday, February 07, 2009

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.