Aug. 20, 2005 12:00 AM
Police officers in five
states filed lawsuits against Scottsdale-based Taser
International over the past two weeks claiming they were
seriously injured after being shocked with the electronic stun
gun during training classes.
Among them is a Missouri
police chief who says he suffered heart damage and two strokes
when he volunteered to be shocked while hooked up to a cardiac
monitor as a way to demonstrate the safety of the Taser to his
officers.
Four of the suits were filed in Maricopa
County Superior Court on behalf of officers in Florida,
Kansas, New Mexico and Ohio who claim they suffered "severe
and permanent" injuries, including multiple spinal fractures,
burns, a shoulder dislocation and soft-tissue injuries.
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In
St. Louis on Thursday, Hallsville Police Chief Pete Herring
filed a lawsuit claiming "painful, permanent and progressive"
hearing and vision loss and neurological damage in addition to
the strokes and cardiac damage.
Chief agreed to do it
Herring's lawyer,
Spencer Eisenmenger, said Friday that the chief agreed to be
the first officer shocked during an April 2004 training class
for the department's newly purchased Tasers.
"Chief
Herring was attached to an EKG when he was shocked with a
Taser . . . He agreed as chief of police to be the first
person shocked," Eisenmenger said. "(Hallsville) has no Taser
program right now."
The suits challenge Taser's
principal safety claim and accuse the company of misleading
law enforcement about the extent of potential injuries. They
also accuse company officials of concealing reports of
injuries to at least a dozen other law enforcement
officers.
Taser has marketed the weapons to 7,000 law
enforcement agencies. Company officials have not only
encouraged police officers to experience Taser shocks, they
have used those shocks to promote the gun's safety, claiming
that 100,000 officers have been shocked without a single
serious injury.
Taser statement
Taser Vice President Steve
Tuttle said in a statement Friday that the company would fight
all of the lawsuits.
"We are aware of the filings in
Arizona and intend to aggressively fight any such claims," he
said.
"We have not been served papers regarding the
Missouri filing but will aggressively defend this matter."
In an Aug. 3 memo to law enforcement officials, Taser
Chief Executive Officer Rick Smith acknowledged that, "we've
had a small number of volunteers experience injuries similar
to athletic exertion." But he said realistic training carries
a risk of injury and suggested that the company should not be
held liable for those injuries.
"Imagine if the shoe
manufacturer Nike was sued every time an athlete sprained an
ankle," Smith wrote.
Phoenix lawyer John Dillingham,
who represents the police officers in Florida, Kansas, New
Mexico and Ohio, said Smith's comparison is
ridiculous.
Not the same as Nike
"This is not the same as
wearing a Nike tennis shoe and spraining an ankle. It's more
like breaking an ankle every time you tie the laces on a Nike
shoe," he said.
"Every time an officer takes a hit
from Taser, they are at risk."
In their lawsuits, the
four officers allege they were injured in training classes
between August 2003 and October 2004. They say that Taser
instructors did not reveal any medical information suggesting
that the guns could cause injuries and they claim the company
has ignored important research suggesting the guns could be
extremely dangerous, if not fatal.
Some allegations
The 104-page complaints filed
Aug. 5 each allege that Taser was aware of injuries to other
officers but did nothing to warn police departments, "knowing
full well that such a reported serious injury would have
devastating ramifications on its safety claims and, most
importantly, its most-effective sales tool, the law
enforcement training program."
Specifically, the
lawsuits point to the injury of former Maricopa County
sheriff's Deputy Samuel Powers, who filed the first product
liability suit against Taser in February 2004 and claims that
his back was fractured when he was shocked during a training
exercise two years earlier.
Misreporting the facts?
Although Taser
officials were notified of Powers' fractured back, four of the
lawsuits accuse the company of continually misreporting the
injury to shareholders and the public as a minor shoulder
injury, even after a doctor hired by Taser concluded in
September that a one-second Taser jolt was responsible for
Powers fractured back.
Dillingham said that if Taser
had taken steps to warn officers in September of the
possibility of injury, other officers might have avoided being
injured.
He pointed to Belle Glade (Fla.) police
Officer John Gerdon, who claims in his lawsuit that he
suffered spinal fractures and burns when he was shocked during
a training class in October.
He said in his suit that
Taser instructors and training materials all told him the stun
gun had not and could not cause an injury.
In the
Missouri suit, Police Chief Herring said he was given the same
assurances before he demonstrated the device.
Eisenmenger said the chief, who is 6-foot-10 and
weighs 300 pounds, insisted that he be hooked up to a machine
that measures cardiac functions to show other officers that
the stun gun was safe.
"He was assured by the defendant
in this case that no harm could come of it," he said.