Only in the United States of Attorneys could you get a lawsuit like this. This is absolutely nuts. A 52 year old male has sued BMW of North America for a four hour ride on a 19 year old BMW motorcycle two years ago that had an aftermarket seat.
Thatʼs right, it was an aftermarket seat made by Corbin-Pacific he was riding on, but BMW NA gets cited in the suit. Some may say that legal responsibility lies with he who has a larger net asset value right? The suit claims that this ride caused a priapism, you know the prolonged erection lasting greater than four hours that Viagra disclaimers have made famous.
Now one must ask, could this be possible? Well I thought Iʼd start with a medical literature search from the National Institutes of Health government search site, PubMed. You see PubMed searches “more than 21 million citations for biomedical literature from MEDLINE, life science journals, and online books.” Though there are 2,289 hits on priapism, there are exactly zero when you combine priapism with motorcycle. Surely if this were a problem, the United Stateʼs Harley loving male demographic would have found it to be rampant by now in medical literature case reports.
Priapismʼs can be caused by certain cancers, antipsychotic meds, antidepressants, blood disorders such as sickle cell disease, even tattoos, piercing, and of course Viagra. Now what do you think the chances are a male motorcycle rider in his 50ʼs has used a medication such as Viagra? Right, I agree pretty low.
CBS out of Detroit quotes Dr. Michael Lutz, at the Michigan Institute of Urology as “there is no medical data to support the manʼs claim.” (http://detroit.cbslocal.com/2012/04/30/ calif-man-sues-bmw-for-persistent-erection). He goes onto state there are well known problems of prolonged motorcycle riding or bicycling which can cause such as numbness from compression and even infertility but not priapism.
If you were on a four hour ride that was causing a severe pain, wouldnʼt you shift yourself or stop and take breaks? Call and get a ride? What happened to personal responsibility?
Sadly, BMW will be forced to spend money defending this, which of course drives up costs of BMW doing business in the United States which ultimately gets passed on to the consumer. You want to know why we donʼt get all the BMW goodies as our German counterparts? In my opinion, itʼs because of ridiculous lawsuits just like this. BMWBLOG will keep you up to date on developments on this bizarre case.