An Indiana physician filed a lawsuit in small claims court against Apple CEO Tim Cook, claiming the company disrupted his medical practice by forcing him to update his cellphone to the latest operating system, according to WTHR 13.
Here are five things to know:
1. Daniel Dwyer, MD, a family practitioner in Rockville, Ind., told WTHR 13 cellphones were not the norm when he started practicing medicine more than 40 years ago. However, the medical profession has become much more reliant on the technology, especially in communicating with patients.
"Any physician uses their [cell] phone a lot," he said. "A patient sent me [a photo via text message] last night because their child had been stung by a wasp or bee, and that was a pretty bad reaction. She wanted to know what to do, and I told her she needs medical attention right away."
2. Like other iPhone consumers, Dr. Dwyer has received countless messages from Apple alerting him when new operating systems are available for his cellphone and recommending he update to the latest software. Dr. Dwyer told the television station he has continuously refused to update his phone to the latest operating system because the last time he did so, his phone "was worse than it was prior to the update," according to the report.
3. Dr. Dwyer said several months ago he attempted to call a pharmacy to get prescription information for a patient, but his phone would not allow him to make the call. Instead, it updated to the latest operating system on its own without giving him the option to disregard the update.
"There was no option of 'agree' or 'do it later.' It just went right to update. They were making me push a button to say I agree to it, otherwise I can't use my phone, [but] I didn't agree to it in the first place," he said. "I couldn't use my phone until the update finished. It was a devious trick that they did, and it's not fair. They interrupted my business. Thank goodness it was not a life-threatening situation, but it could have been."
4. Dr. Dwyer said he called and wrote Apple to complain several times, and the company responded with a letter apologizing for any inconvenience the update may have caused. The physician proceeded to bill Apple $200 for his lost productivity, time and frustration. However, the tech company said it could not repay him, prompting Dr. Dwyer to file a lawsuit against the company, according to the report.
5. According to the lawsuit, Apple engaged in business practices that disrupted Dr. Dwyer's medical practice, resulting in frustration and anger. He is seeking $200 in damages payable to the Parke County (Ind.) Food Pantry.
To access the full report, click here.