QXCI Inventor Sued By Victim
This lawsuit describes what happened to a man who was victimized through the use of a Quantum Xrroid device. After Nelson failed to defend, a default judgment was issued, which Nelson was able to get dismissed on a technicality. Rex's attorney hopes to renew the suit against the distributor who sold the QXCI.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
WEST DISTRICT-SANTA MONICA COURT
CASE NO. SC 070 400
COMPLAINT FOR PRODUCT LIABILITY, PERSONAL INJURY AND DAMAGES
Plaintiff, REX REGINALD, alleges as follows:
Plaintiff REX REGINALD ("Plaintiff") is an individual residing in the County of Los Angeles, State of California.
Defendant WILLIAM NELSON ("NELSON") is an American citizen residing in Budapest, Hungary.
Defendant Q.X. LIMITED ("Q.X.") is a company whose headquarters are located in Budapest, Hungary.
The true names and capacities, whether individual, corporate, associate or otherwise, of Defendants DOES 1 through 100, inclusive, are unknown to Plaintiff. Plaintiff is informed and believes and based thereon alleges that Defendants DOES 1 through 100, inclusive, are each responsible in some manner for and thereby proximately caused the damages to Plaintiff as herein alleged. Accordingly, Plaintiff sues said Defendants by said fictitious names. Plaintiff will seek leave to amend the within Complaint to set forth the true names and capacities of said Defendants when the same have been ascertained.
Plaintiff is informed and believes and based thereon alleges that at all times herein mentioned each Defendant, including those named fictitiously herein, in addition to acting for himself, herself and itself and on his, her or its own behalf individually, are and were acting as the co-conspirator, agent, servant, employee and representative of, and with the knowledge, consent and permission of, each and all of the other Defendants and within the course, scope and authority of said conspiracy, agency, service, employment and representation.
At all times herein mentioned, Defendants have been and now are engaged in the business of designing, manufacturing, marketing, selling and distributing, inter alia, devices to be used by medical practitioners in the provision of medical care to members of the public. One such device is the Quantum Xrroid.
Plaintiff is informed and believes and thereon alleges that the Quantum Xrroid has the ability to perform, and has been approved by the U.S. Federal Drug Administration to perform, bio-feedback upon patients in the United States.
Defendants, however, designed and developed software ("the Software") for the Quantum Xrroid which purportedly enables its medical practitioner users to diagnose diseases in humans.
At all times herein mentioned, Defendants have marketed, sold and distributed and are now marketing, selling and distributing the Quantum Xrroid and the Software in the United States, including Los Angeles, California, with the promise and representation that the device can, and intended that the device be used by medical practitioners to diagnose diseases in humans.
Plaintiff is informed and believes and thereon alleges that Defendants have earned millions of dollars selling the Quantum Xrroid throughout the United States, including California.
Plaintiff is informed and believes and thereon alleges that the efficacy of the Quantum Xrroid as an instrument for diagnosing diseases in humans has not been scientifically proven. The Quantum Xrroid has not been approved by the U.S. Federal Drug Administration for the purpose of diagnosing diseases in humans.
Plaintiff is informed and believes and thereon alleges that at times herein mentioned the U.S. has sought to arrest Defendant NELSON, and that Defendant NELSON is a fugitive from U.S. justice, for having marketed and sold, and profiteered for marketing and selling, in the United States scientifically unproven medical devices for uses not approved by the F.D.A.
Plaintiff is informed and believes and thereon alleges that at times herein mentioned Defendants knew, but concealed from the buyers of the Quantum Xrroid, that it had not been scientifically proven that the device had the capacity of diagnosing diseases in humans or that the FDA had not approved it as a medical diagnostic instrument.
At some point in time prior to the Year 2000, Defendants sold and delivered the Quantum Xrroid and the Software to Dr. Rex Wilson, a medical practitioner doing business in the City of Santa Monica, County of Los Angeles, State of California, for the purpose of diagnosing diseases in his patients.
Early in the Year 2000, Plaintiff visited Dr. Wilson for purposes of diagnosing and treating maladies from which he was suffering at the time. One of the maladies from which Plaintiff was suffering was syphilis.
Dr. Wilson utilized the Quantum Xrroid to diagnose Plaintiff's maladies. Dr. Wilson led Plaintiff believe that the Quantum Xrroid could and would properly diagnose the diseases from which Plaintiff suffered. Plaintiff trusted Dr. Wilson and had no reason to suspect that the Quantum Xrroid was not scientifically proven as a medical diagnostic instrument and could not reliably properly diagnose disease in humans. The Quantum Xrroid failed to diagnose syphilis and other afflictions from which Plaintiff was suffering, and Dr. Wilson failed to institute appropriate treatment therefor.
As a result, Plaintiff's syphilis went untreated and further developed inside his body for over a year, causing Plaintiff considerable pain, sickness and suffering to his person. In addition. Plaintiff experienced headaches and blurred vision as a result of the treatment with the Quantum Xrroid, a device which passes electrical current through various points in the body including the head.
Thereafter, in June, 2001, Plaintiff, feeling ill and concerned for his health, sought medical attention from a licensed physician in Los Angeles, California. Said physician utilized standard, scientifically accepted methods of diagnosis. At that time, he was diagnosed with syphilis and was treated therefor and for the headaches and blurred vision. Plaintiff suffered pain and illness that he would not have suffered, and incurred substantial medical charges that he would not have incurred, had his syphilis been properly diagnosed by Dr. Wilson and had Plaintiff not incurred the headaches and blurred vision from the use of the device.
As a direct and proximate result of Defendants' conduct, Plaintiff has suffered great pain, suffering and mental anguish, as well as additional medical expense, all to his damage in an amount to be proven at trial herein.
In doing the acts set forth above, Defendants acted with a reckless and conscious disregard of the rights, health and well-being of Plaintiff, well knew that the Quantum Xrroid was not a scientifically proven medical diagnostic instrument, well knew that the Quantum Xrroid was not approved by the FDA as a medical diagnostic instrument, acted despicably, with the intent to vex, injure, harass and annoy Plaintiff. Therefore, Plaintiff is entitled to recover from Defendants punitive and exemplary damages in an amount to be proved a trial.
WHEREFORE, Plaintiff prays for Judgement against Defendants, and each of them, as follows:
- For general damages in an amount according to proof.
- For medical and related expenses in an amount according to proof.
- For lost earnings and benefits, past and future in an amount according to proof.
- For exemplary and punitive damages in an amount according to proof.
- For costs of suit herein.
- For such other and further relief as the Court deems just and proper.
DATED: January 17, 2002
This page was posted on July 31, 2004.