First, lemme say that I'm on PS3, which doesn't go against my thumb's natural tendency to use toward my palm. Second, lemme also say that I already experience pain in my hands that is SOOTHED when I play Madden on PS3.
I'm not a lawyer. But I understand some things about lawsuits.
1) There must be a claim of negligence or fault
2) There must be some damages as a result
The hardware is the same as it has been on 360 since it debuted. But we don't hear much about pain. If the the hardware itself isn't causing pain, we look at how the developers programmed their game to utilize the hardware.
As developers, the interface is paramount for EVERY GAME. There is no video game without an interface. The interface is what separates interactive gaming from non-interactive forms of media. Developers are squarely in the driver seat when it comes to designing their interface to mesh with the hardware of their assorted systems.
Players would not be outrageous to claim that the interface designed by software developers creates repetitive motion that can create intense pain.
While no one is forced to utilize the strategy pad, the competitive nature of the game is such that adjustments requiring the strategy pad are an integral part of the game. Playing the game without the strategy pad only benefits people who are too inexperienced with adjustments to use it anyway.
If you buy a car that pokes you in the eye every time you turn the wheel, you'd be within your rights to sue the manufacturer. There's no way anyone would be able to truthfully say that this isn't EA's fault seeing how it's been 5 years of pain-free play using the former settings.
It seems small now, but some players play Madden 365 days a year... These are the guys that face the highest likelihood for pain.
Currently, I'm unaware of studies linking video game play to repetitive motion issues. If pain develops among habitual Madden players on the 360, you can expect some studies, some medical bills, and some suits.
Silly as it sounds, companies have been sued successfully for far less.
OF COURSE... This is a moot point if none of my Madden friends develops wrist pain this year.
Later

) it isn't worthy of the uproar when DB's still have eyes in the back of their head.
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