Negligence, Other Injury Product Liability, Brain Damage

[moshiso7]

So this is an incident I didn't tell anyone (not even to my parents) and kept it to myself, it was 7 and half years ago since I came to California, US (so it was back in 2002) as an international student with F-1 visa, few months later I purchased a lcd monitor (it was one of the first lcd models to be released in the market since lcd monitors at that time wasn't so common), while using it I felt some effects on my head, at first I thought it was normal but after about 3 months of use I started to feel insensitive, I felt my brain was damaged (like it was burned, I can even feel the frontal lobe is damaged and feel kind of empty specially the left side). I stopped using that monitor and told my dad about this issue but he wouldn't believe me. The strange thing is that the monitor would give me a very bad impression (like it was a product from hell, even when turned off) and every time I approached it or entered the room where it was, the right side of my head would become bristled (don't know why, maybe some kind of instinctive warning).

After a year we moved to Florida, there I decided to throw it away for fear that anyone else would be harmed so I cut the cords and threw it away, I was scolded by my dad for that. Time passed (I was still suffering the aftereffects, and at this point I was only insensitive), and we bought another monitor, this time a CRT monitor from another brand, after a few months of use my situation started to get worse: my left hand would become sweaty, I couldn't walk right, I would have strange reactions, strange disgusting images would go through my mind and as a result I have to spit all the time, I felt like something disgusting was in front of my face, couldn't sleep well, eat well, I couldn't socialize normally as a result couldn't learn the language well. I had to quit college because of that although I had other reasons to quit as well. I had to quit church in the midst of people pointing their finger at me. (Do you know when your body is out of your control and have reactions you don't want it to have, but you are not like this?) People would call me disgusting wherever I went. Coworkers would insult and defame me, I quit job after a month because of the pressure and till now I couldn't get a second job because of the bad experience and because I'm overstaying my visa. Even my parents are suffering, and even they insult me (and I still have most of the symptoms mentioned above).

I've been struggling till now and at this point I'm pretty jaded, I'm much better than I was then, but I'm only getting better just little by little. I don't think it was karma either, I didn't do anything in the past to deserve this. I asked my dad to send me to my native land since my student visa expired and I don't like the idea of living here illegally, but he tries to discourage me, I think for fear that I be a disgrace to my relatives and cause burden to them, but my plan is to file this case to the court there and sue the company that caused this to me. I don't know if I have enough evidence since the product that caused this to me is not with me anymore, the only evidence I have is my brain (which I plan to get a MRI brain scan with) and my parents testimonies. Nothing what I'm writing here is exaggeration or fiction but the truth.

My question is can I sue the company here in the US where this incident happened even though I'm staying here illegally being that this happened when I was here legally? Also is there any exceptions even if the statute of limitations is expired? If I fail to do so here can I appeal my case in the country of origin of that specific company?

 

[jharris352]

You can sue but you aren't going to win. I suggest, seriously, you discuss this with a psychologist.

 

[PILawGirl]

California has a 2 year Statute of Limitations on all Product Liability cases, you're about 5.5 years too late.

 

[moshiso7]

I read somewhere there are legal exceptions and that you could prolong the period.

 

[PILawGirl]

Typical reasons for tolling a statute of limitations include minority (the victim of the injury was a minor at the time the injury occurred), mental incompetence (the victim of the injury was not mentally competent at the time the injury occurred), and the defendant's bankruptcy (the "automatic stay" in bankruptcy ordinarily tolls the statute of limitations until such time as the bankruptcy is resolved or the stay is lifted).

Under California law, except in cases of medical malpractice, a minor has two years from the date of his or her 18th birthday to file a tort claim. For medical malpractice actions involving minors below the age of six, the action must be filed within three years of the date of the injury or before the minor's eighth birthday, whichever period is greater.

Even if these situations apply to you, I think you will have an EXTREMELY difficult time proving causation or finding an attorney to take your case at this point.

 

[moshiso7]

Even if these situations apply to you, I think you will have an EXTREMELY difficult time proving causation or finding an attorney to take your case at this point.

Even if I show a radiography of my brain?

Also I'd appreciate if someone replied to my other questions I made on the last paragraph of my first post.

 

[PILawGirl]

Prove the "damage" was caused by exposure to an LCD monitor. At this point, you don't even have the "evidence" because the MRI hasn't been done. No one can come back and make a product liability claim years after the Statute of Limitations has passed just because suddenly an "abnormal" MRI appears (one that should have been done in 2002 if you really believed you were having problems), even if it was the evil monitor, you don't have it in your possession.

I think it would be in your best interest to seek out a Ph.D., not a lawyer.

 

[Michael Wechsler]

Assuming everything you said is true and there was an extension of the statute of limitations, what cause of action (reason to be able to sue) would you sue these companies for? Lack of an exorcism prior to sale?

If you're not joking... then in trying to be polite, I understand the comments that show great disbelief. And unless you will be willing to pay to put your case forward, I'll bet you'll see even fewer attorneys willing to believe you.

 

[moshiso7]

Prove the "damage" was caused by exposure to an LCD monitor. At this point, you don't even have the "evidence" because the MRI hasn't been done. No one can come back and make a product liability claim years after the Statute of Limitations has passed just because suddenly an "abnormal" MRI appears (one that should have been done in 2002 if you really believed you were having problems), even if it was the evil monitor, you don't have it in your possession.

I think it would be in your best interest to seek out a Ph.D., not a lawyer.

even if a lie detector applies? (sorry if i'm being annoying, I'm pretty convinced that I'm saying the truth in everything I stated in my sane mind). There would be no other reason other than what I stated that it was the monitor that harmed me. If not what would it be some toxic food?

 

[PILawGirl]

You can barely admit the results of a lie detector into evidence in a criminal case, it would be ludicrous in a civil case...and seriously, toxic food? Give me a break, are you going to go over everything you've eaten since 2002 and figure it out?

Stop desperately looking for a reason to sue someone. People like you are what makes my job harder than it should be.

 

[Michael Wechsler]

even if a lie detector applies? (sorry if i'm being annoying, I'm pretty convinced that I'm saying the truth in everything I stated in my sane mind). There would be no other reason other than what I stated that it was the monitor that harmed me. If not what would it be some toxic food?

So what you're saying is you became ill and are looking to find someone to blame and sue for your problem. If you can't prove that someone or something caused your problem, then you aren't entitled to anything. I'll bet that if you had $10 million, you'd be pretty mad if your neighbor sued you because once you stared at him with witchy eyes which caused him to suffer massive headaches and was unable to work. So let me ask you this - if he was willing to swear on a stack of Bibles that it was your fault, would you feel justified in handing over your money?

 

[moshiso7]

You can barely admit the results of a lie detector into evidence in a criminal case, it would be ludicrous in a civil case...and seriously, toxic food? Give me a break, are you going to go over everything you've eaten since 2002 and figure it out?

Stop desperately looking for a reason to sue someone. People like you are what makes my job harder than it should be.

Seriously are you stupid? I made that question out of conviction that it was caused no other than the monitor itself since I was completely normal prior to the purchase. If you knew what I've been through all these years and because of that I'm handicapped in many aspects of my life you wouldn't have said what you wrote in your last sentence. Who will take responsibility for me then?

 

[moshiso7]

So what you're saying is you became ill and are looking to find someone to blame and sue for your problem. If you can't prove that someone or something caused your problem, then you aren't entitled to anything. I'll bet that if you had $10 million, you'd be pretty mad if your neighbor sued you because once you stared at him with witchy eyes which caused him to suffer massive headaches and was unable to work. So let me ask you this - if he was willing to swear on a stack of Bibles that it was your fault, would you feel justified in handing over your money?

"blame" something that caused me harm is not blame but a rightful and justifiable act.

 

[PILawGirl]

You know, you're absolutely right, I know NOTHING about the law, I MUST be stupid. You want to tell me how it works, then why aren't you writing the complaint for your lawsuit right now? When you do, let me know how it turns out. Tell the attorneys from Yukevich, Calfo & Cavanaugh I said hi. (By the way, it might pose as a problem if you can't even recall the brand of your monitor or prove that you owned one in the first place)

 

[Michael Wechsler]

"blame" something that caused me harm is not blame but a rightful and justifiable act.

Against whom? What proof do you have that it is that person or entity that caused your harm?

 

[moshiso7]

(By the way, it might pose as a problem if you can't even recall the brand of your monitor or prove that you owned one in the first place)

I didn't mention for privacy reasons also to avoid defamation besides my parents can confirm which model it was.

 

[Michael Wechsler]

I didn't mention for privacy reasons also to avoid defamation besides my parents can confirm which model it was.

You didn't mention which model of monitor allegedly caused your brain damage due to defamation? If it's true, by definition it's not defamation.

I'll put an end to all of this - PILawGirl is dead on accurate. You should be listening to what she says since you are talking about personal injury law... that should tell you something about keeping an open mind towards learning about your predicament.

Listen to yourself. How absurd is it to walk into court and tell a judge that you want to sue HP, Dell or Sony because their evil monitors caused your brain damage? Is it at all possible that (a) you may already have had a condition, (b) had some other reason for the problem, e.g. bad food as you suggested, or (c) might have some psychological problem when dealing with monitors in general? In fact, it's far more likely than not that this is the case. How many people have claimed that possessed monitors caused brain damage?

Unless there are other people with the same problem as yourself who have used those same monitors or you can find some generally accepted scientific explanation (backed by an expert witness) that shows a connection between your injury and the monitors, you haven't a case.

The large problem in this country is that people unfortunately have problems but they are looking for some deep pocket to pay for their problem. I am not unsympathetic, but how would you feel if someone sued your parents for $5 million claiming that a minor slip and fall on their sidewalk caused them to be impotent, unable to work or enjoy life? You'd be disgusted.

My general rule - consider how you might feel if others made the same claim against you... you'd probably roll your eyes. I wish you the best of luck with your issue and hope you can find help in another fashion.

 

[moshiso7]

You didn't mention which model of monitor allegedly caused your brain damage due to defamation? If it's true, by definition it's not defamation.

So to make others uncomfortable who are using the same brand?

Listen to yourself. How absurd is it to walk into court and tell a judge that you want to sue HP, Dell or Sony because their evil monitors caused your brain damage?

Are you saying I'm in this situation because of my own wrong decisions (although it wasn't mine)? Even if I had made the wrong decisions should I be in this situation? I understand Americans have this stigma of your own countrymen abusing the law and suing some company for almost nothing. But shouldn't my case be regarded differently since it concerns something essential and concerns how I'm gonna live for the rest of my life? We are talking about my brain here.

(a) you may already have had a condition,

No.

(b) had some other reason for the problem, e.g. bad food as you suggested,

Didn't I clarify already?

(c) might have some psychological problem when dealing with monitors in general? In fact, it's far more likely than not that this is the case. How many people have claimed that possessed monitors caused brain damage?

I'm currently using a lcd monitor and have no problem with it so far (have been using it for more than 3 years).

The large problem in this country is that people unfortunately have problems but they are looking for some deep pocket to pay for their problem. I am not unsympathetic, but how would you feel if someone sued your parents for $5 million claiming that a minor slip and fall on their sidewalk caused them to be impotent, unable to work or enjoy life? You'd be disgusted.

My parents caused no harm to others, and my case is not "a minor slip".

 

[PILawGirl]

Wow...just wow. I need a drink now. Thanks for the vote of confidence Michael. I guess the awesome results and settlement amounts my firm has received over the past year and a half have all been just pure luck

 

[Michael Wechsler]

Are you saying I'm in this situation because of my own wrong decisions (although it wasn't mine)? Even if I had made the wrong decisions should I be in this situation? I understand Americans have this stigma of your own countrymen abusing the law and suing some company for almost nothing. But shouldn't my case be regarded differently since it concerns something essential and concerns how I'm gonna live for the rest of my life? We are talking about my brain here.

I understand. Unfortunately "stuff happens" - most likely none of this is your fault which is why I'm truly sorry and sympathetic. However, you still have done nothing to connect HOW the monitor caused you to have all of these problems EVEN WHEN OFF!!!

There is a concept in the law called "res ipsa loquitur" that the actions speak for themselves - they could not be caused by anything else. This only occurs when the conclusion is obvious. For example, a piano moving company is moving a grand piano. They have it on a crane being hauled out of a window. A woman's dog unfortunately gets crushed when the piano falls. Was there negligence? The woman can't pinpoint who was negligent but the act speaks for itself. The moving company, absent a clear act of G-d, was responsible for the safe transport of the piano and it is clear they failed in their duty.

You are claiming that the presence of that monitor caused brain damage. HOW? If you showed that there were high levels of radiation when it was on, that's one way. But you're saying it was a problem even when it was off. Other than supernatural forces, there is no way except for your own defect or other condition, that the monitor could have caused your brain damage. In fact, it's easily more likely to assume that you had a problem that you didn't detect from the beginning and it lingered. How come nobody else in your family suffered the same brain damage? Thus, it is more likely that the problem, unfortunately, is you not the monitor.

I'm currently using a lcd monitor and have no problem with it so far (have been using it for more than 3 years).

My parents caused no harm to others, and my case is not "a minor slip".

So the first LCD monitor, even off, gave you brain damage because you didn't get damage from this monitor. That's not the way it works. If your family and nobody else on the planet suffered using that first LCD monitor, than any jury will clearly conclude that the problem is you, not the monitor. Add to it that you think it is the "evil" quality of the monitor, even when off, and they will send you to a psychologist and never give you an award. It doesn't even make sense.

With regard to the minor slip, that is a BETTER case. At least if someone fell on a sidewalk that had a crack or there was snow that wasn't cleared, a jury could easily conclude that the home owner didn't properly take care of the condition of the street which could easily be seen as causing the injury.

I'm sorry to say you've got absolutely no case. If you really do, as others have suggested, you might want to get additional help since it seems your perspective is not what I would guess to be within the zone of most reasonable people. I wish you the best of luck and sorry to hear about your illness.