John Ryan McLaughlin claims he was playing the game when "strobe lights" within the game gave him "a grand mal seizure for the first time in his life," causing excruciating pain and breaking a bone. The former F-18 pilot says the seizures caused him to permanently lose his flying status.
"The product was so designed that it exceeded the upper acceptable limit of more than 3 flashes over a 1 second period, as well as acceptable spatial pattern and luminance flash limits. These risks were not made known to the plaintiff and/or an ordinary consumer prior to the time of purchase," according to the defendant's lawyer. "The defective and dangerous condition of the product, and that it was unsafe for the use and purpose for which it was intended when used by certain consumers as recommended, was expected and reasonably anticipated by the defendants, and each of them, or in the exercise of ordinary and reasonable care should have been known and discovered by defendants, and each of them."
Odd, because there aren't any "strobe lights" during the game, or quickly flashing colored lights, and in the 5 years since its release in March 2006, no one ever complained of seizures from playing the game.