Tag Archives: Health

Man Claims Penis Enlargement Device Failed To Work After 500 Hours Use

Not all lawsuits revolve around tragic events.  In fact, some of the funniest stories can be read in the files of many court cases.  This is one of those case, hailing to us from Quebec.  For those of you who are offended by off-color humor or innuendo, my apologies, but I simply could not resist on this one.

Small-claims indeed!

According to papers filed in a small-claims case, a man is suing the manufacturer of a penis enlargement device, claiming that the device failed to produce the intended results – even after 500 hours of use. The plaintiff is seeking $762 in compensation against HotGVibe, the manufacturer of the product.  Of this amount, $200 represents the cost of the device, while $500 represents (according to the plaintiff) “moral and punitive damages.”

And you thought our friends up north were more laid back and easy going…

But Will The Plaintiff’s Evidence Stand Up In Court?

Although a plaintiff in a lawsuit may have a legal claim on which to sue, the plaintiff must still have enough evidence to persuade the trier of fact that his case stands up to vigorous examination.  Such an examination has already taken place in this case, and the judge has indicated that he will render a decision in about 6 weeks.

Huh…6 weeks to make a decision in a small-claims case?  The judge really seems to be taking a long time pondering the plaintiff’s evidence, don’t you think?

Frivolous Lawsuit…Or Is The Plaintiff Selling Himself Short?

As much fun as one can poke at the facts of this case, “erotic” or “adult novelty” devices and services – sold to men and women alike are often scams that pilfer millions of dollars from consumers’ pockets.  Many companies prey on the consumers’ most intimate desires or feelings of inadequacy or embarrassment.  For example, a recent article on a tech product website proclaimed that men could improve the size of their package by purchasing an iPhone app.  Bet you didn’t know there was an app for that, did you?

Cases such as this one challenge preconceived notions about sexual behavior as well.  Consumers such as this plaintiff are not necessarily desiring anything illicit, illegal or unwholesome.  In fact, one could describe this plaintiff as seeking a tool to correct a problem that hundreds of millions of men have encountered at one time or another in their life.  It’s a defective tool case.  What’s so wrong about that?

Finally, before you proclaim him as nothing more than a frivolous plaintiff, consider this – after accounting for the product’s cost, the plaintiff is only asking for $1 an hour per wasted hour. In light of the significance of the plaintiff’s point, perhaps he is letting HGVibe off cheap. 

For more on this interesting case, you can check out this article from The Consumerist.

Enhanced by Zemanta
Advertisements

Supreme Court To Stay Out Of Health Care Fight – For Now

Amplify’d from www.cnn.com
The Supreme Court won't hear the first constitutional challenge to President Obama's health care reform.

Washington (CNN) — To no one’s surprise, the Supreme Court on Monday rejected the first constitutional challenge to the sweeping health care reform effort championed by President Barack Obama and the Democratic-controlled Congress.

The justices without comment refused to get involved at this early stage, while various state and federal challenges are continuing. The high court rarely accepts cases before they have been thoroughly reviewed by lower courts.

A challenge to the law was brought by a California conservative group. Higher profile lawsuits have been brought by state officials in Florida, Virginia and almost two dozen other states.

Read more at www.cnn.com

 

Mentally Ill Jailed More Often Than Hospitalized

As some of you may know, May is Mental Health Month.  If you are interested in mental health issues, you may want to check out this excellent resource, Mental Health America.  I will be adding them to the “Resources for Disabled Persons” page as well.  What I did not know until I reviewed the Mental Health America website is that May has been Mental Health Month since 1949.

I find that fact astonishing considering that bias (or, at best, discomfort with) mental health issues forced Missouri Senator Thomas Eagleton from the 1972 Democratic Presidential ticket alongside, George McGovern.  The fact that May has been Mental Health Month since 1949 also calls into question a shocking report from USA Today, released earlier this month.  You can link to the USA Today article here.

According to the article, a seriously mentally ill person in the USA is three times more likely to be incarcerated than hospitalized.  Furthermore, in no state was a seriously mentally ill person — someone with schizophrenia or bipolar disorder, for example — less likely to be incarcerated than hospitalized.  States that stood out at opposite ends of the spectrum, however, were North Dakota and Nevada.  In North Dakota, a mentally ill person was, at least, equally likely to be hospitalized as incarcerated.  In Nevada, however, a mentally ill person was 10 times more likely to be incarcerated than hospitalized.

Before any readers jump to the conclusion that this article is just one more piece of liberal dribble – these statistics were based on a report prepared by the National Sheriff’s Association, hardly a bastion of wild liberalism, and the Treatment Advocacy Center.  Kudos to the Sheriff’s Association for participating in this study.  In my opinion, it is incredibly important to see law enforcement taking a leading role in getting this kind of information out to the public because, unfortunately, law enforcement in many areas often lacks adequate training to appropriately deal with the mentally ill.  As a result, these citizens’ frequently find themselves abused, mis-used, wrongly incarcerated, and their conditions severely exacerbated.

My personal thanks to National Alliance on Mental Illness for circulating the USA Today article on LinkedIn.  For more information on the subject of mental health generally, please check out the website at National Institute of Mental Health.

Reblog this post [with Zemanta]