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June 03, 2005

An Allergic Reaction to Stupid Lawsuits?

This morning when I was listening to the radio, I heard a story about a local man suing over inappropriate Taser usage. I went and looked up the story at the St. Louis Post Dispatch. The description of the incident is quite strange.

Days before the event, [David] Lash, a construction worker, suffered a job-related injury in which he lost a quarter of his right index finger, the suit says.

About 3 a.m. on Jan. 11, he suffered an allergic reaction to medication at his stepdaughter's house, the suit says, and his son, David Lash Jr., came to the house to restrain him, said Lash's attorney, Stephen Wyse.

Since when does an allergic reaction to medication make it necessary to restrain someone? What, were they trying to stop him from scratching himself? (After all, as Mom always says, “scratching it just makes it itch more.”)

In all seriousness, I suspect it was most likely some other sort of bad reaction (I hate it when the word allergic is tossed around like that) to a medication, probably one of the psychiatric sort, or else that’s just some sort of weird excuse.

Lash Jr. had his father pinned to the floor when Moberly police arrived, Wyse said. When Lash Sr. moved his shoulder, two officers, whose names are not given, shot both the father and the son with a Taser, the suit claims.

Then, after Lash Jr. was taken to another room, the officers continued administering the shocks to Lash Sr., kicked him in the groin and neck, reinjured his finger and caused him to lose two front teeth, the suit says.

"Reinjured his finger?" So did he lose the previously reattached portion of his finger, or did a new quarter fall off?

"I'm an ex-cop, and I'm familiar with the use of force and when it's necessary and when it's not, and they had no reason to use force here," [Stephen] Wyse [Lash's attorney], said. "They had no reason to start Tasering his son and him."

I’d be interested to see what the officers’ version of events is. However, if the guy was going so crazy that his son had to drive over, restrain him, and call the cops, it seems likely that they did indeed have a reason to start tasering him. I wonder what injuries Lash Jr. and the police officers sustained at the hands of Lash Sr.

After the officers put a stranglehold on Lash Sr., he began to vomit, and an ambulance was called to take him to the hospital, Wyse said.

At the hospital, he was unconscious for most of 10 days, Wyse said. He suffered kidney failure, and he received dialysis treatments for two months, Wyse said.

Hmm. I searched all over and couldn’t find any connection between Taser guns and kidney failure. People who claim Taser guns are dangerous seem to think they can cause damage to the heart, lungs, or skin, not the kidneys.

Again, I wonder what drug he had an “allergic reaction” to and what other side effects it has. What other medical problems does he have? Could something else have caused his kidney failure and/or hospitilization?

Not only does the lawsuit seek unspecified damages from the police department, it also seeks to cash in on $5 million from Taser International Inc. because “Taser, the police department and other defendants failed to train the officers properly.”

I didn’t know that Taser was responsible for ensuring the training of every single officer who uses their product. Does anyone more familiar with this subject know if similar tactics have been used against gun manufacturers?

It could turn out differently, but it certainly seems like a frivolous lawsuit so far.

Posted by illuminaria at June 3, 2005 02:38 PM

Comments

Posted by: EdWonk at June 21, 2005 12:13 AM