A California doctor with a Newton lawyer yesterday sued Apple and AT&T in Boston for [pinky up] FIVE MILLION DOLLARS because of the alleged fraud they committed by shipping iPhones that, in certain circumstances, depending on how one holds them, can lead to reduced reception.
In his class-action lawsuit, filed in US District Court in Boston, Dr. Thomas Gionis says he is an emergency-room physician and that the problem is so bad he is now forced to carry two phones to make sure nobody dies because he is unreachable. Gionis acknowledges that when he called an Apple store, he was told a rubber bumper would fix the problem, but that that's not enough to assuage the problems he has; that he and other iPhone 4 users have been "injured and damaged," and that he, for one, would never have bought an iPhone 4 if he knew what a piece of crap it is.
Gionis says he bought his phone June 24 at the South Coast Plaza Apple Store in Costa Mesa, CA. He says he filed suit on behalf of all iPhone 4 users.
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Comments
You depend on voice calls and bought an iPhone? Idiot.
By MC Slim JB
Fri, 07/02/2010 - 12:35pm
Sorry, but iPhones utterly sucking at voice calls, at least in part due to their exclusive with the obviously overtaxed, underbuilt AT&T network, is not news, hasn't been from Day One. I know many people, myself included, who need their phone to work for voice, and so have avoided the iPhone despite how cool it is as a non-phone device. An ER doctor should know better.
I guess I'm lucky?
By Sarcastic Sam
Fri, 07/02/2010 - 10:54pm
I've never had any noticeable problems with the voice components of the iPhone. I get consistent signals, almost no dropped calls. I hear lots of people complain about the AT&T network and I'd be right there with them if I'd had any of the same experiences. But for some reason, I've had great luck.
Oh well, Apple's worth more than Microsoft now, so this won't be the last frivolous lawsuit aimed at them.
Metoo
By eeka
Sat, 07/03/2010 - 7:20pm
I've not had any problems with calls on my iPhone. It's the only phone I own and is what I use to make and take my life-and-death work-related calls. Mine's a 3G though, not a 4, but I haven't had any of the problems people are saying they have on 3s either.
All U.S. Carriers Have Issues....
By anon
Fri, 07/02/2010 - 12:49pm
I've got to agree with both here.
Should an emergency room doctor know better? Perhaps, but it's still his choice to want an iPhone.
Like all the U.S. wireless carriers, AT&T simply doesn't have coverage everywhere you need it. Add to this the growing issue with signal interference by holding the phone by it's metal frame (Hello? Design Flaw?) and you get a perfect storm of crappiness.
On the flip side, I've had Verizon, AT&T, T-Mobile and now Sprint and NONE OF THEM have guaranteed serve everywhere I go. This is despite all of their collective claims of reinvesting millions of dollars in profits back into their networks. If AT&T's network was REALLY as good as they claim why would they have to resort to rationing bandwidth or, like Sprint, propose a "throttling" of service.
We pay good money for our phones and our service, so there should be NO EXCUSE why bandwidth isn't available when it is needed by the very customers who keep these companies in business.
Silly Question...
By Jason
Fri, 07/02/2010 - 12:54pm
Apple has a 30-day return policy and the phone has been out for less than 30 days. Why not return it for a full refund?
I think he would have to pay
By mskyle
Fri, 07/02/2010 - 2:36pm
I think he would have to pay a restocking fee... but still, "this product does not work as well as I had hoped it would and I don't want it anymore" doesn't really seem all that "injured and damaged" to me.
And I say this as someone who has recently been reduced to tears of rage by Apple store employees, so it's not like I'm just a mindless Apple fangirl here!
He's suing on your behalf!
By SwirlyGrrl
Fri, 07/02/2010 - 2:43pm
On behalf of all wronged apple users! Doesn't that mean that he should share any money he gets with you?
it's a class action
By nathanael
Fri, 07/02/2010 - 3:16pm
Everyone in the class would probably end up with $12 or a free bumper.
A silly lawsuit. If everyone
By mixylplik3
Fri, 07/02/2010 - 1:02pm
A silly lawsuit. If everyone sued for supposed defects in consumer electronics, there wouldn't be a consumer electronics industry. Besides, don't you have 30 days to return these things?
Damages claimed
By FrancescaFordiani
Fri, 07/02/2010 - 2:31pm
In the complaint, the Dr. is saying that he couldn't return the phone w/o paying a penalty for ending his contract and without paying a restocking fee. I looks to me like that's the basis of the claim -- Apple sold the phone that wouldn't be reliable when used as intended, and won't take it back for a full refund.
Google the Doctor in question
By Brian Riccio
Fri, 07/02/2010 - 1:28pm
and you'll see he was acquitted of having his ex-wife, (the daughter of John Wayne!) and a companion beaten and slashed. In other words, a total douche.
acquitted means NOT guilty
By Ron Newman
Fri, 07/02/2010 - 2:56pm
so how can you make any judgment on his character from this?
He was convicted, then...
By Michael Kerpan
Fri, 07/02/2010 - 3:13pm
..the conviction was overturned on a technicality by the intermediate appellate court. Then the California Suprem Couurt threw out the reversal. Then Gionis went to prison for a while. Then he went to law school in Chicago (I think), did well his first year and was picked to edit his school's law review. Then the board of the law review discovered his criminal past and unpicked him. And further deponent sayeth not.
I think that qualifies him for
By Brian Riccio
Fri, 07/02/2010 - 4:38pm
douche status, don't you agree Ron?
um
By Anonymous
Fri, 07/02/2010 - 4:48pm
nevermind.
He's in CA
By SwirlyGrrl
Fri, 07/02/2010 - 4:49pm
He filed in MA, likely because his lawyer is here and the CA courts (AppleAte Courts)are just too tight with Steve Jobs.
disheartened
By amanda
Fri, 07/02/2010 - 1:47pm
How utterly obnoxious. ER doctors have specific on-call times, and generally carry a pager for this purpose. When on-call, it is their responsibility to be reachable, but I suppose it hasn't occurred to this total tool of a doctor that it might be his responsibility, and not Apple's, to remain in an area where there are land lines to return his pages. What a self-aggrandizing douchebag. It is a pathological sense of entitlement that makes someone feel they must have the newest hi-tech status toy, his professional responsibilities be damned. If it is so important for this man to be reachable, he should be taking care to find the very best phone and carrier for voice service, rather than jumping on the latest status symbol.
I can't believe this guy has the gall to claim that people could die because his iPhone messes up a call.
Haven't bought Apple for years
By EM Painter
Fri, 07/02/2010 - 1:55pm
I bought a powerbook back in 2000 or so and that did it for me and Apple. The company takes its extra goodwill and turns it directly into overpriced but underpowered products, and depends on a legion of excusers to keep it going. If everyone with an iphone admitted that they make a bad phone, things might change.
Most iPhone users admit it's a crap phone
By MC Slim JB
Fri, 07/02/2010 - 3:28pm
All my friends with iPhones sheepishly admit it's a miserable mobile phone, but they love it for everything else it does. Some even carry a cheap VZW feature phone in addition to their iPhones for when they actually have to make a phone call.
Everything is amazing and nobody is happy
By Amanda
Fri, 07/02/2010 - 1:59pm
"forced". I love it. Louis CK's talk about spoiled idiots comes to mind: http://www.youtube.com/watch?v=rOtEQB-9tvk
Exactly
By Anonymous
Fri, 07/02/2010 - 4:45pm
Does he explain why he continues to carry the iPhone if its unsatisfactory? Most people who are dissatisfied with a product are entitled to a reasonable expectation of returning it and getting their money back.
When is the last time you heard a doctor offer to give his/her patient his money back for a reasonable complaint about the health care delivered? According to this guy, patients should be able to sue the doc for their bank accounts and homes too. Bring it on Dr Asshat.
Levi Leipheimer testifies for the defense
By Anonymous
Fri, 07/02/2010 - 4:42pm
I've been "off the grid" for over a day waiting for my newly activated iPhone 4 from @radioshack, it was worth the wait! LeviLeipheimer