Syracuse lawyer Michael P. Kenny of Kenny & Kenny, PLLC is representing a young child in a product liability suit against Sony and Vivendi Games. The boy, four years old at the time, had a seizure as a result of watching his brother playing a video game with identifiable seizure triggers. Attorney Kenny represents victims throughout the nation.
(Lexis Nexis) November 3, 2009 -- Syracuse attorney Michael P. Kenny, senior partner at Kenny & Kenny, PLLC, is litigating on behalf of a young boy who had a seizure after watching his brother play the video game "Spyro: Enter the Dragonfly" on a Sony Playstation 2. The case is currently in the discovery process, and Kenny recently filed a motion asking the court to direct Sony to comply with the discovery order. "Product liability cases take time to come to court," Kenny explained. "It has been two years since our initial action, but our persistence will be rewarded as we proceed to court to right this wrong."
The Spyro video game series is published by Vivendi Games, formerly Sierra Entertainment. In 2002, "Enter the Dragonfly" became the first Spyro game to be licensed to Sony for use with the Playstation 2 system. Syracuse video game seizure lawyer Michael Kenny has brought his client's seizure case in Onondaga County Supreme Court (07-1224), seeking damages from Sony, Vivendi, and the retailer who distributed the alleged defective product.
"The video game companies know there is a problem, and they choose not to fix it," Kenny stated. "The video games seizures have a cause, and the manufacturers choose not to correct it." Kenny asserts that the video game manufacturers knowingly place their financial gain ahead of people's health. He added, "Without federal legislation to compel the video game companies to take action, we have no choice but to litigate on behalf of the victims." Kenny said he seeks to represent video game seizure victims nationwide.
The technology is available to examine visual media for seizure triggers, Kenny pointed out. The Harding Flash and Pattern Analyzer has used by television broadcasters in the UK to identify seizure-inducing light movement, and Kenny uses the device to analyze video games. He noted that the federal government limits the number of flashes per second from the strobe warning lights in its facilities. "The government is willing to take basic steps to protect people in federal buildings," Kenny said, but "video game manufacturers have not taken the same steps to protect our children at play."
About The Firm
Kenny & Kenny, PLLC is a personal injury law firm based in Syracuse, New York. Partner and litigator Michael P. Kenny has a special interest in photosensitive epilepsy and videogame seizure cases throughout the country. Kenny & Kenny also handle automobile accidents, spinal cord injuries, and traumatic brain injuries, as well as product liability claims related to tobacco, asbestos, and various defective drugs.
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