U of Cincinnati pays $2M in Taser death case

The University of Cincinnati will pay $2 million and suspend the use of Tasers by university police as part of a settlement with the family of a student who died after being shocked with a Taser. The settlement, obtained Wednesday by the Enquirer, also requires UC to create a memorial for the student, to provide free tuition to his siblings and to send a letter to the family expressing regret over the incident. The student, Everette Howard Jr., died Aug. 6, 2011, after a confrontation with a UC police officer. A coroner’s investigation could not determine the cause of death, but Howard’s family and expert witnesses blamed the shock from the Taser. ...

[LINK]

Family of Brian Cardell achieve settlement

The family of Brian Cardell has reached a settlement with the police [LINK]. Brian Cardell died immediately after being tasered. Tasers can and do kill.

"This one will stick."

First posted WEDNESDAY, JULY 20, 2011:

Taser International found liable in killing of Darryl Turner

Taser International, manufacturer of potentially lethal stun guns, was found partially responsible for the death of 17-year-old Darryl Turner after police in Charlotte, N.C., used a Taser device on him during an altercation at a grocery store on March 21, 2008.

Mr. Turner was young and in generally good health, was tasered and was dead almost immediately.

Taser International was ruled responsible for about $9.23 million of the total award; about $6 million of that will be covered by insurance. The city of Charlotte will cover $730,000 as part of a settlement, and $40,000 will be covered by workers’ compensation insurance.

The $3M+ judgment not covered by their insurance consumes their potential profit for even a good year; and that's going to bite very hard. The next pain they feel will be when their insurance carrier(s) realize that this is the new trend. The third pain will be when the investors (a.k.a. morons) read about this and start complaining.

I've not been posting much recently, primarily because I've been waiting for this day.

Taser International can appeal this judgment all they want. The cold hard fact remains that their "safe" product killed Darryl Turner directly.

This one will stick.

The judgment was reduced to about $4M, but the legal findings and the fantastic legal loss stand.

Tasers can kill. Through various mechanisms.

Taser International knew about these risks, but failed to warn.

They're heavily liable in who-knows-how-many other cases. Case law has been established.

$1,000,000 "...a litigation settlement for an officer injury during arrest..."

Stupid is as Stupid pays.

A source tells me that Taser International’s Annual Report for 2010 (Form 10K) includes the following tidbit:

...a charge of approximately $1.0 million relating to a litigation settlement for an officer injury during arrest claim, included in other expense...

So, if you're a Police Officer that has been let down by the unreliable and sometimes ineffective taser, leading to an on the job injury, the line forms here.

HTV

Taser International found liable in killing of Darryl Turner

Taser International, manufacturer of potentially lethal stun guns, was found partially responsible for the death of 17-year-old Darryl Turner after police in Charlotte, N.C., used a Taser device on him during an altercation at a grocery store on March 21, 2008. [LINK]

Mr. Turner was young and in generally good health, was tasered and was dead almost immediately.

Taser International was ruled responsible for about $9.23 million of the total award; about $6 million of that will be covered by insurance. The city of Charlotte will cover $730,000 as part of a settlement, and $40,000 will be covered by workers’ compensation insurance.

The $3M+ judgment not covered by their insurance consumes their potential profit for even a good year; and that's going to bite very hard. The next pain they feel will be when their insurance carrier(s) realize that this is the new trend. The third pain will be when the investors (a.k.a. morons) read about this and start complaining.

I've not been posting much recently, primarily because I've been waiting for this day.

Taser International can appeal this judgment all they want. The cold hard fact remains that their "safe" product killed Darryl Turner directly.

This one will stick.

We spank 'OfficialTASER'

OfficialTASER (Hi Steve!) shows up and gets a good spanking. [LINK]

I pity them (not really, they're scum). They've put themselves into a position on the subject of taser safety that, quite literally, cannot be legally defended without causing hilarity in any court.


excited.delirium at 3:31 PM May 6, 2011

It's also worth noting that tasers are used about one-hundred times as often as police have historically and generally-acceptably used their guns. This overuse ratio varies with jurisdiction and varies over time, but 100X is a good round number.

Keep this in mind in case anyone drags out the old argument that "tasers are better than guns".

Such claims, while very attractive, are about 99% beside the point.

Taser most often replace lower and EVEN-LESS-LETHAL forms of force.

excited.delirium at 3:27 PM May 6, 2011

DaveDavid, assuming it's the same David E. Z____n as last time, is a retired USN corrosion expert. He is apparently (based on his interest in stocks, specifically Taser International) heavily invested in Taser International stock. He vigorously defends Taser International in many on-line forums, and then he sends a message to "Official Taser" to join in with a follow up.

As has happened here...

excited.delirium at 3:23 PM May 6, 2011

Amnesty International dug up 150 autopsy reports (not easy) for taser associated deaths and they found that 50 (or about one-third) listed the taser as a cause or contributing factor.

One third. That fraction can only be a low ball value. Taser International has gone to extreme lengths to install "excited delirium" as the place holder cause of death in cases where no other postmorten evidence is found. I personally suspect the honest ratio is much higher; not 100% obviously, but probably well over half.

The list of taser associated deaths now reaches 600+ (most up-to-date list is on Truth Not Tasers). If the one-third ratio is holding firm, then tasers have caused or contributed to at least 200 deaths.

excited.delirium at 3:16 PM May 6, 2011

The government of the Canadian province of British Columbia held a multi-million dollar public inquiry into the taser death of Robert Dziekanski at Vancover airport.

Google the Braidwood Inquiry.

The arguments of Taser International's bought-and-paid-for experts was rejected as being an "insult to the intelligence." Justice Braidwood concluded that the most significant event in the last minutes of Mr. Dziekanski's life was the repeated and long duration tasering. That was the "most prominent" cause of death.

excited.delirium at 3:13 PM May 6, 2011

Taser International settled with Steve Butler for $3 million. Mr. Butler's heart was stopped by the application of a taser. His life was saved, but the after-effects included permanent brain damage. Taser International tried to keep this settlement secret, but the court would have none of it.

excited.delirium at 3:11 PM May 6, 2011

The condition sometimes called "Excited Delirium" has a long history. It was originally called Bell's mania, where mental patients stopped eating and slowly died over a period of many weeks. This condition had no obvious root cause and left no postmorten clues. So it was adopted by Taser International as a handy-dandy excuse for taser associated deaths since tasers also leave few postmortem clues. They even promoted excited delirium via their funded front - the IPICD. Plenty of funny-business going on between Taser International and IPICD.

As far as testing goes... Those studies have never proven that tasers are completely safe. The studies have been misleadingly characterized as such, but they do not prove that tasers cannot kill. One so-called study demonstrated that tasers are safe, but accidentally also indicated that they don't work at all. There's plenty of dirt in this area as well.

excited.delirium at 3:11 PM May 6, 2011

With respect to taser use and its causal relationship to those that die after its use, what is striking is how nobody has ever died at the sound of the "Taser! Taser! Taser!" warning. Individuals that die in incidents involving tasers die vastly more often after being tasered, than in the often long-winded shouting match that precedes many taser deployments. It's a 'Curious Temporal Asymmetry' (Googe the phrase) that clearly indicates a cause-and-effect relationship between actual contact with the taser and the fatal reaction that occassionally follows.

excited.delirium at 3:10 PM May 6, 2011

One year ago, Taser International modified their "official" position on taser safety. Up until that point they had repeatedly claimed that tasers could never affect the heart, and could never cause or contribute to any death. But on 1 May 2010, Taser International released a new training package that contained newly-updated legal warnings that finally acknowledge what so many people have already concluded: tasers can affect the heart, especially if the darts land on the chest; tasers can cause effects that may endfanger life; use of tasers carries risks including risk of death.

For more information, hit the websites Truth ... Not Tasers and Excited-Delirium.com (with the dash).

OfficialTASER at 3:44 PM May 5, 2011

What "experts" said police should be held responsible besides one plaintiff's attorney? I only saw that medical examiners cleared the TASER ECD for causality.

Check your accuracy regarding Amnesty. They do not state 300 deaths as a "result" of TASER ECDs. In fact their report clearly states, “Amnesty International does not suggest that TASERs necessarily caused or contributed to each of these deaths.”

I also enjoyed the statement that "excited delirium is not recognized by top medical authorities. I wonder if the reporter would like to present that statement to the American College of Emergency Physicians (ACEP) who formally recognize excited delirium as a unique syndrome or the National Association of Medical Examiners. You might want to also check the status of what the ACEP Physicians Task Force that Excited Delirium Syndrome recently stated. Hint: “Syndrome is a real syndrome with uncertain, likely multiple, etiologies.” I guess those aren't top medical authorities? Not exactly.

Have we spent money on sponsoring testing? I would hope people would hope so. But here’s a nugget that often gets missed about TASER studies: TASER ECD are the most studied less-lethal option on an officer's belt today with more than 70% of these studies INDEPENDENT of TASER. People don't like seeing that statistic for some reason, yet it is a fact.

I agree with DaveDavid.

DaveDavid at 11:02 PM May 4, 2011

I have never read a story so full of outright fiction and incomplete facts. Easy to tell that the "personal injury trial lawyers" representing the drugies that died are the ones willing to fill this reporters head with crud. Nine died and yet the Medical Examiner has never blamed a Taser. It is clear that this reporter will not let facts get in the way of a good story, a real fairy tale.

Zuskin, you're an arse.

Peter McFarland wins $1.9M taser settlement from Marin County

Yee haw! That'll learn 'em.

What I really love about this settlement is that the county self-insures for the first $1M, and the other $900k comes from their insurance company. That's just about perfect. Share the pain in a way that should capture the attention of all concerned.

A news report: [LINK]

The county claims to have already tightened-up Taser Use Policy and cut their use by "64%".

If they honestly believe that a mere 64% reduction is sufficient to avoid overuse and misuse of tasers, then they're "Moron County". They'll pay out again sooner or later; mark my words.

The correct reduction ratio is more like 95%.

Taser torture and death in American prisons

Lawsuit:

Charles Toll, was killed by a "cell extraction team" who dragged him out of his cell at the Riverbend Maximum Security prison [Nashville, Tennessee] ... "The Cell Extraction Team Defendants sadistically and maliciously pressed a Taser shield on Charles Toll's back for more than ten minutes while several members sat on the Taser shield, electrocuting and suffocating him." ... [LINK]

Charming...


And in other news...

A central Ohio county agreed Friday to dramatically reduce its use of stun guns following a lawsuit that alleged jailers regularly use them on inmates who pose no threat, including some who are disabled, pregnant or under the influence of drugs and alcohol. The proposed settlement with the Justice Department also requires Franklin County to stop using stun guns in almost all cases on inmates who are handcuffed or otherwise restrained. A lawsuit and Justice Department complaint had also alleged jailers use the guns to shock naked and restrained prisoners and to punish inmates for routine rule violations. ... [LINK]

Ah, that's nice. A 'settlement'.

We promise not to electro-torture prisoners quite as often.

Excited Vertebra Syndrome: macho-man taser training and damaged backs

Taser International has been formally invited (sued) to work towards a di$$mi$$al (settlement) with yet-another officer whose back was fractured during taser "training".

Dallas officer is among several suing Taser, alleging injuries during training [LINK]

I've heard rumors that Taser International really really wants to avoid court in cases where police trainees are damaged by exposure to the taser. Should be worth a hefty multiplication factor of 'times several'. LOL.

--

Has anyone heard from Pam Schreiner lately? [LINK] & [LINK] There were news reports, years ago, that she might have mentioned something about the alleged shredding of early supposed reports of police trainee injuries...

Supposedly. Allegedly. Maybe. Perhaps.

If you're involved in a similar taser training injury incident, and you've never heard of this before, then perhaps it might be worth a simple click [HERE].

Tybee, GA to pay Clifford Grevemberg $250,000

City of Tybee, GA Mayor Jason Buelterman said that 18-year-old Clifford Grevemberg will receive $250,000 to settle the case. [LINK]

Previous posts:

MAY 24, 2010 - City of Tybee, GA rummages around desk, looking for checkbook [LINK]. Included a prediction of the eventual settlement "...well into six-figures..."; a three-pointer.

JUNE 10, 2010 - Two officers and the Police Chief 'down' in Tybee [LINK]

JUNE 29, 2010 - Autism is not a crime - please stop with the tasers already [LINK]

AUGUST 27, 2010 - Tybee Island, GA still cleaning up after taser incident [LINK]

AUGUST 30, 2010 - Being Taser-Stupid costing Tybee, Georgia a fortune [LINK]

Because this incident was so perfectly crystal clear, the repercussions are large in relative magnitude and very wide in scope and coverage. Two officers in a world of legal pain. Chief caught up in the mess. Careers ruined. A huge mess. All because the "Taser Training" is clearly defective (judging by results).

It's not really fair that such outcomes are so rare.

Taser International (TASR) - I know where the profit went...

News this morning:

Taser International (TASR) lost $2.3 million during July-September 2010 3rd Quarter

News from mid-August 2010:

Taser International settles with Steven Butler for $2.85 million [LINK]

Obviously, I'm not privy to the exact timing of the settlement payment. But if it wasn't paid during this latest 3rd Quarter, then maybe it's still pending - in which case LOL.

By the way, the bad news wiped about $20M off their market cap.

Quintrell T. Brannon taser-associated death settled out-of-court

An out-of-court settlement has been made in a lawsuit over the June 8, 2008, death of Quintrell T. Brannon, 25, at the Knox County Jail. He died at the jail less than an hour after Knox County Sheriff's deputies and Vincennes Police Department officers used a Taser to apply incredibly painful and potentially dangerous electric shocks to his person during an arrest. Pepper spray and reportedly-abusive physical restraint were also used. Terms of the settlement were not released.

See [LINK]

David Cornelius Smith, 28, has been declared legally brain-dead

David Cornelius Smith: tasered, cardiac arrest, presumably suffered massive anoxic brain injury. [LINK]

UPDATE: Mr. Smith has died. [LINK]

My deepest condolences to the family and friends.


But it seems like a familiar pattern...

Steven Butler: tasered, cardiac arrest, suffered anoxic brain injury. He survives, but with permanent brain injury. Taser International is sued and settles for $2.85 million. They tried to keep the settlement quiet, but the judge was having none of that nonsense.
[LINK]

Free advice:

Ammunition for the forth-coming legal battle should include Taser International's own "Dr." Mark W. Kroll, a Director of Taser International. His infamous "Cardiac Safety" Ping Pong paper was featured prominently on Taser International's webpage, but was silently yanked some months ago.

A massive lawsuit against Taser International is not about the money. It's about making them pay for their persistent and false claims over the years that tasers could not possibly affect the heart.

Marin County Sheriff's Department - Peter McFarland - 29 June 2009

To Serve and Protect, or To Torture and Abuse?

30 August 2010 - Man sues Marin Sheriff after being tasered half-to-death in own home [LINK] [via PHB]

I guess I may have missed this story at the time.

It's obviously an evil incident and I hope Mr. McFarland wins a huge settlement or judgment.

As I've mentioned before, make 'em pay dearly for denial of wrong-doing. In this case it should be a million dollar option, on top of any other considerations.


The apparent silence from the overall law enforcement community regarding this incident is an embarrassing mark on them all. The evil Blue Brotherhood of Silence is a major part of the problem.

Or perhaps they just missed the news too...

Geesh.
 
The law enforcement community really needs to Get an Ethic and Have It Installed.

Seriously.

Taser International settles with Steven Butler for $2.85 million

But this amount is under a confidentiality agreement, so don't tell anyone.

Mercury News [LINK]

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.

Taser International admits a litigation settlement for an injury during arrest claim?

The scent of blood in the water...

The second quarter expense includes a total of approximately $1.2 million related to one-time restructuring charges and a litigation settlement for an injury during arrest claim.

[LINK]

UPDATE

...offset by $1.2 million in Q2 of one-time restructuring charges related to reduction in force, as well as litigation settlement expenses for an officer injury claim.

[SeekingAlpha]

I think I know that incident. Shoplifter, ineffective taser, officer shot in face as a result of the taser being so unreliable. Is that the one? (Just guessing.)

Autism is not a crime - please stop with the tasers already

Update to:
City of Tybee, GA rummages around desk, looking for checkbook [LINK]
...and...
Two officers and the Police Chief 'down' in Tybee [LINK]

All charges against an autistic Georgia teenager, 18-year-old Clifford Grevemberg, have been dropped. An officer, who has since resigned, deployed his taser against Grevemberg twice believing that the autistic teen was drunk and disorderly. A lawsuit is pending. [LINK][via TNT]

As previously advised, offer a discount on the settlement provided they issue a groveling apology and clearly admit wrong-doing. On the other hand, if they wish to not admit wrong-doing, make them pay through the nose for that lie.

The discount (money left on the table) will pay for itself many times over in peace of mind.

Another taser "associated" death settlement

#199 - April 16, 2006: Billy Ray Cook, 39, Dublin, North Carolina

BLADEN COUNTY, NC (WWAY) -- It happened months ago, but we're just learning of a settlement between Bladen County and the estate of a man who died while in the custody of the Sheriff's Office. Billy Ray Cook died in April 2006 after deputies Tased him while trying to arrest him. Lawyers for his estate claimed they may have used the Taser as many as 38 times on Cook. North Carolina Lawyers Weekly reports earlier this year, before a federal judge could rule in the wrongful death case, the two sides agreed to a $325,000 settlement. [LINK]

Pittsburgh City Council approves $155K Taser-abuse settlement

Pittsburgh City Council has approved paying a nice six-figure settlement of $155,000 to settle a federal lawsuit brought by 53-year-old Daniel Hackett III, of Mount Lebanon. Mr. Hackett exercised his theoretical freedom of speech and criticized a city officer after getting a ticket for not using his turn signal on March 15, 2008. He complained that he saw someone run a red light and another man urinating in public, offering his opinion that the police should ticket people like that instead. For his trouble (and/or other reasons), he was taser-tortured and handcuffed, and charged with resisting arrest and disorderly conduct. Reportedly none of these classic cover-charges stuck (variously reported as being dropped or acquitted). Mayor Luke Ravenstahl expressed that he was frustrated by "the increasing trend of firefighters and police officers being involved in unacceptable incidents." [LINK][LINK]

A six-figure settlement for a reportedly non-injurious taser-abuse incident. Nice.

Haake taser-associated death settlement $350,000

Previous related post [LINK].

$350 Thousand Settlement In Taser Death - New details in the case of a Topeka Goodyear worker who died after being tased by Sheriff's deputies in March 2008. [LINK]

In short - Mr. Haake was in medical distress, but refusing treatment. He was tasered (?!), handcuffed face-down, and died. Reportedly the Shawnee County Coroner's Office had determined that "The cause of death is of cardiac nature...", but also [somehow] concluded that it wasn't the taser's fault. Taser International was dropped from the lawsuit last year.