Nintendo Wii Injury - Torn rotator cup

[justalayman]

and just so you know what to put on the lawsuit, it is a rotator CUFF, not cup.

and there is surgery for a rotator cuff tear, especially if it is a through tear.

[Antigone*of*Greece]

sue baby sue!!! remember 1.2mm!!!

[cyjeff]

Thank goodness you weren't swinging a REAL bat at a REAL ball and missed (technically, called a strike).

As a guy that completely hammered my rotator cuff into slag three years ago, I can tell you that you don't have a case. One incident, unless it involved trying to body block a moving freight train, won't do it.

You have the same type of case as all those people that didn't put on the little harness and smashed their TV's, windows or children.

[lealea1005]

Originally Posted by ecmst12

Wiis are cheap, only $250, and the game that he hurt himself on is the one that's included with the system.

Shows ya what I know! Still, if your take home pay is less than half of your bills, the $250 could have been used more responsibly. IMHO, anyway.

[ecmst12]

That's what he's getting on disability I think, not what he was making before he was injured.

[Roo]

OP, you need to contact a few local attorneys and see what they say. I suspect they'll agree with the majority opinion posted here but what the heck, most initial consultations are free. If they think you've got a chance, they'll agree to take your case. Post back and let us know how that goes.

[You Are Guilty]

This is actually a very serious issue and one in which you are all overlooking the obvious. Clearly, suing Nintendo is not the answer because the game functioned as it should - it didn't do anything wrong. So what went wrong? Obviously, the OP's rotator cup was negligently designed and/or maintained, allowing it to be injured by the game system. In which case you need to sue the source of the problems -- God*. Luckily, he has the deepest pockets of all, so I think $1.2M is an entirely reasonable sum to ask for.

Good luck!



(* If you're an atheist, then your claim is a little more difficult. You would then need to sue Darwin, or, more specifically, his estate).

[AHA]

Originally Posted by terry714_us

I just need everyone to understand as I am sitting here alternating my one hand around this freakin keyboard and I have had 3 turn downs on employment possibilities because I'm basically screwed here. I'm a single father of 2 kids whom I've been raising for the past 12 years and who rely on me for a life and I can't even get a freakin one arm dish washing job or anything. I mean not nothing folks. So, it's not about greed or anything it's about what I'm (including kids clothing, school, health, holidays, summertime's and anything else they have to go through cause I'm now screwed and can't work. Yes the doctors' report says, "Totally disabled due to intractable shoulder pain" whatever intractable means....not sure there. So for those who are thinking that they are hearing from a con please step into my shoes for a moment and explain how I'm suppose to live now. My monthly expenses are over $3,200.00 and Social Security will pay like $1,100.00

ANY SUGGESTIONS???????????

So get surgery and a payment plan set up. My DH got a busted shoulder fixed, but he still managed to work (software designer!!) in pain for a long time before the surgery. Intractable just means that it might be HARD to treat/cure, but certainly not impossible.

[Antigone*of*Greece]

Originally Posted by You Are Guilty

This is actually a very serious issue and one in which you are all overlooking the obvious. Clearly, suing Nintendo is not the answer because the game functioned as it should - it didn't do anything wrong. So what went wrong? Obviously, the OP's rotator cup was negligently designed and/or maintained, allowing it to be injured by the game system. In which case you need to sue the source of the problems -- God*. Luckily, he has the deepest pockets of all, so I think $1.2M is an entirely reasonable sum to ask for.

Good luck!



(* If you're an atheist, then your claim is a little more difficult. You would then need to sue Darwin, or, more specifically, his estate).

YAG, this time they are not a victim of circumstance - they are a victim of the WII

[terry714_us]

Originally Posted by lealea1005

how does one with such debt, and without a job, afford a wii (not to mention the games)?

the nintendo wii and games were my buddies. We both turned 44 the same month. His girlfriend bought him the game. I tried the game, played 9 holes, took a 45 minute break to go pick up pizza, played the back 9, went home, an hour later couldn't move arm, went to e.r. The next day, saw primary physician as ordered by e.r. Physician, primary md ordered mri, mri showed 2 tears and one had fluid indicating a clean tear through 9according to the report), arm in sling for almost 2 weeks, orthopeadic surgeon appointment in january, more to come....

[terry714_us]

It's just that there are special graphics displayed when you give it a good swing. And I guess in my head I was still trying to hit an object, seemingly. Because more times than none I was not swinging hard enough to make that thunderous, still shots of club swinging, lightning shot GRAPHIC you have to get in order to make a good long drive. I played golf for 7 years on a Naval BRAT golf team some years ago. I know what it takes to make a sure shot becasue I have been trained to do so....with a club and a ball. I suppose I took that training too literally and suspected that I had to give it as much on the game as on the course. Problem is.....On the golf course when you strike a ball there is an inert resistance at the contact point that breaks your swing. (And we don't even have to go into medical problems with ball players who make millions even when injured and sidelined...Yes it's a strike when you miss the ball but after so many of those strikes ballplayers have surgeries out the whazoo and keep collecting theirs). So, you must adjust your mind a smidge and try to understand becasue I didn't imagine this injury and if this game does not fully simulate as it has advertised then a warning should be installed and the only warning given...again...is for repetitive motion to stop, rest and play again.

[mommabearx1]

Originally Posted by ShyCat

Duplicate thread:

[url]http://forum.freeadvice.com/dangerous-defective-products-17/nintendo-wii-injury-inquiry-436265.html[/url]

I thought I had read this one before, can't imagine two morons out there who would ask this question

[seniorjudge]

Originally Posted by mommabearx1

I thought I had read this one before, can;t imagine two morons out there who would ask this question

Our poster hurt himself and will not give up.

[mommabearx1]

[quote=terry714_us;2121180]It's just that there are special graphics displayed when you give it a good swing. And I guess in my head I was still trying to hit an object, seemingly. Because more times than none I was not swinging hard enough to make that thunderous, still shots of club swinging, lightning shot GRAPHIC you have to get in order to make a good long drive. I played golf for 7 years on a Naval BRAT golf team some years ago. I know what it takes to make a sure shot becasue I have been trained to do so....with a club and a ball. I suppose I took that training too literally and suspected that I had to give it as much on the game as on the course. Problem is.....On the golf course when you strike a ball there is an inert resistance at the contact point that breaks your swing. (And we don't even have to go into medical problems with ball players who make millions even when injured and sidelined...Yes it's a strike when you miss the ball but after so many of those strikes ballplayers have surgeries out the whazoo and keep collecting theirs). So, you must adjust your mind a smidge and try to understand becasue I didn't imagine this injury and if this game does not fully simulate as it has advertised then a warning should be installed and the only warning given...again...is for repetitive motion to stop, rest and play again.[/QUOTE]

Are you serious?

[Silverplum]

Since OP is baaaack with yet more installments, I wanted to make sure this major piece of advice wasn't overlooked:

Originally Posted by justalayman

and just so you know what to put on the lawsuit, it is a rotator CUFF, not cup.