Lawsuit Blames Oblivion For Pilot's Seizure

VondeVon

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So does Oblivion actually have a warning? Because if it does and he just missed it, I can't see this going anywhere.
 

(LK)

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There does probably need to be some kind of self-enforced standardized limitation on factors that can trigger epileptic symptoms. Multimedia companies could consult with medical professionals, figure out what makes something "high risk" for agitating epilepsy, and what constitutes a low risk, and voluntarily develop standards of labeling for media that warns people if, say, a game is more likely than most to cause problems for epileptic people.

Every game comes with an epilepsy warning, so people tune them out... even though not every game has anywhere near the same chance of actually causing a seizure. It would be way more useful if there was some kind of labeling that lets people know "every game can cause siezures, but this one is more likely to".
 

NicoDK

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Sep 21, 2009
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"McLaughlin has filed a lawsuit in Caifornia"

I couldn't stop laughing after reading that.
 

Burningsok

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AC10 said:
I actually just checked my oblivion game (sits on my desk) and it doesn't have a photosensitive seizure warning in it.
ummm, I have it with me as well and it actually does on the bottom back of the case. It's looks pretty clear to me.
 

Burningsok

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CardinalPiggles said:
iblis666 said:
II2 said:
I think there were a few Shivering Isles screenshots used in this video at about 0:30-35, but at least it came with a warning:


Beyond all the flashing lights, I'm fairly certain this video is also cursed; just for you consideration.
pfffft thats tame ive spent years trying to find a vid that can cause me to have seizures and that didnt even give me a queasy sensation like some of the better ones do
its probably because of the low quality. that in 1080p might give you a reaction.
completely unrelated to the topic... We share the same avatar!!!!! :D holy shit!!
 

CharrHearted

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jakefongloo said:
fare777 said:
doesn't he read the game manual which states if you suffer from epilepsy due to flashing light, consult our doctor before etc.
Be honest do you read the manual in every game you buy? Even though it's pretty much a 95% guarentee it's going to include a tutorial anyway.
yup, I always read the game manuals.
 

Narcogen

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Jul 26, 2006
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If the pilot had a seizure because of lighting effects in Oblivion, it's probably because he has photosensitive epilepsy.

If he has photosensitive epilepsy, he shouldn't be flying. That's why his flight privileges were revoked.

Strobe lights trigger seizures in people who have photosensitive epilepsy.

Strobe lights do not cause photosensitive epilepsy.

The entire suit seems predicated on the idea that the game itself caused him not to have a seizure, but to be vulnerable to having seizures. That, I think, would be a first.

The article alleges that the consumer was unaware of the seizure risk, but as many others have pointed out, there are warning labels on most games these days. The article also seems to allege that the flashing itself is unsafe-- but it's only unsafe for people who have photosensitive epilepsy; the only other mentions I see are possibility of video games causing seizures in children and adolescents with nonphotosensitive epilepsy, or people without prior history. For everyone who has epilepsy there is a first seizure, and something that leads to it. These triggers cause seizures-- not epilepsy.

Even if nothing else ever caused a seizure for this individual, even if nothing else ever would-- having that seizure caused by that game is essentially a positive diagnosis of photosensitive epilepsy, however specific the trigger may need to be. The seizure is a symptom, and the game is the trigger-- not the underlying cause.
 

RivFader86

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Eri said:
They should be thanking the developer for this. Games don't cause conditions, they trigger them. How he got past flight screening without his condition being known, I'll never know, but he certainly shouldn't have been flying.
It doesn't have to be a "condition" i had two seizures (both caused by lack of sleep + loads of caffein) and the doctors told that i do not have epilepsy but can go into a seizure under the right (or rather wrong ;P) conditions.

EDIT: Just read up on it a bit....and apparently what i had weren't "real" seizures (iE no neurological reason)...guess it's like diet coke...looks just like it and tastes similar but yet not the same ;P
 

tzimize

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HankMan said:
Can you say: Underlying condition?
This guy's accusations just don't fly with me.
*cheer*

OT: Sigh. America. What a strange legal system you have.
 

Smooth Operator

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Bullshit, games had that seizure warning label on since before I was born.

And where the hell does Oblivion strobe anything?
The guy is just pulling this whole thing out of his ass, if you got a medical condition go find a doctor, money wont make you better.
 

vxicepickxv

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Sep 28, 2008
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Sebster 105 said:
redisforever said:
Yeah, in modern games, the warning is on page 1 of the manual.

I remember that Lucasarts (I think) had the warnings come up on the screen before the game, and you couldn't skip it.
Yeah but nobody wants to be like lucasarts


OT: it's a shame but do they really need to strip him of his flying credentials?
Yes, they do, it's part of a long list of things that can remove them.

Eri said:
They should be thanking the developer for this. Games don't cause conditions, they trigger them. How he got past flight screening without his condition being known, I'll never know, but he certainly shouldn't have been flying.
I'm pretty sure than this type of trigger isn't part of flight physicals, yet.

Yes, I did say yet. I'll have to ask if it is, or if they might add it.
 

vxicepickxv

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The_Yeti said:
Eri said:
They should be thanking the developer for this. Games don't cause conditions, they trigger them. How he got past flight screening without his condition being known, I'll never know, but he certainly shouldn't have been flying.
1000 x This.

A seizure prone man is not fit to be a pilot, his ignorance to oblivions warnings and trying to pin loss of job on them is outright stupidity.

Yo McLaughlin, you lost your job because your brain is a candy-ass when it comes to processing strobe-flash, not because your ps3 played oblivion well enough to give that visual excitement.
He hasn't actually lost his job, just his flight status. The Navy will probably move him to general line status, unless it's actually a condition that forces them to remove him from the Navy entirely. If that's the case, because the condition wasn't known before he entered the Navy, it will be declared adult onset, and he'll get partial disability.
 

JackWestJr

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This case is quite laughable, sad that the pilot lost his job though, but every game i have ever played usually has the first screen after booting up the game saying that it can cause seizures. I can't be bothered to load up my copy of Oblivion (which i have only played 1 time for some reason) on my PS3, so there may be a exception.
 

Catchy Slogan

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Sebster 105 said:
*snip*


OT: it's a shame but do they really need to strip him of his flying credentials?
It depends where it was broken and how badly, And being a pilot, he would be subject to quite a lot of G-force which could make it break again. Not a good thing to happen mid-flight. It's sad but neccisary.

EDIT: Oh yeah, and the whole epilepsy thing. Sorry, derped a bit hard there.
 

redisforever

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The Stonker said:
redisforever said:
Yeah, in modern games, the warning is on page 1 of the manual.

I remember that Lucasarts (I think) had the warnings come up on the screen before the game, and you couldn't skip it.
But what if you get a seizure while reading it?
No, it was just a static screen. There were no flashing lights or anything there.