Monster Energy Drink case?

[Michael Stora]

A 14-year old with Ehlers-Danlos syndrome (average life expectancy 48 years, BTW) who already had a compromized heart valve drinks 2 24 oz Monster Energy drinks on consecutive days and dies from a cardiac arrest.

http://www.reuters.com/article/2012/...89L16G20121022

She consumed 480mg of caffeine over 2 days. Apparently there are 240mg of caffeine in one 24-oz Monster, which makes it less than half a potent as my morning Venti (24 oz) Pikes Place from Starbucks (495 gr.)

500mg/day is considered moderate consumption for an adult.

How can the parents possibly win this case?

Mike

[dallas_]

Originally Posted by Michael Stora

How can the parents possibly win this case?

Mike

Have you been on a civil jury?

It's downright scary.

[NiceGuyEddie]

hi micheal

i heard this on NPR this morning. i was going to post it but i decided not to.

i was going to say that i've had these drinks a few times before. i have one cup of coffee in the morning, but these energy drinks made me feel downright weird.

me pee smelled funny, the um, other stuff was funny. this stuff can't be good for you.

i see young people drinking this stuff all the time and it really concerns me.

and just a reminder, unfortunately, in america, the person responsible for something is the one with the most money.

[Big Blocker]

Truer words have never been said . . .

" unfortunately, in america, the person responsible for something is the one with the most money ".

And to think we allowed this to happen, when that Little Ol' Lady from Pasadena spilled coffee on her nether-region and sued Mickey D's for millions. Somehow, I can't help but believe we did this to ourselves . . . allowing frivolous law suits to even get to the courtroom, let alone in front of a bunch of bleeding hearts that think no one is responsible for their own actions . . .

I'm climbing down off my soapbox now and I'm gunna go sue the pants off someone (anyone) that has made a product that I might get hurt if I use it. The list is endless . . . Whoo-Hoo!!

Doc

[geardrivensoul]

and just a reminder, unfortunately, in america, the person responsible for something is the one with the most money. <<
I predict the parents will win a healthy settlement, Coke will make their own brand and people will continue to dump gallons of processed crap into their bodies on a daily basis and wonder what's happening to their health.

[dukegrad98]

Originally Posted by Big Blocker

And to think we allowed this to happen, when that Little Ol' Lady from Pasadena spilled coffee on her nether-region and sued Mickey D's for millions. Somehow, I can't help but believe we did this to ourselves . . . allowing frivolous law suits to even get to the courtroom, let alone in front of a bunch of bleeding hearts that think no one is responsible for their own actions . . .

It always bothers me that this is the "poster case" for so-called frivolous litigation. A lot of people feel differently when they actually know anything about the McD's coffee case. Like the fact that it was so hot that, even through clothing, it welded the woman's vagina shut. Or did you know that she offered to settle for just her medical expenses, but McDonald's refused and made her go to trial?

I would humbly suggest that if someone made your coffee so hot that you accidentally spilled it and wound up with your junk dysfunctional and stuck to your thigh, then refused a reasonable settlement to just cover your medical expenses, you'd be talking to a lawyer as well. I am as opposed to frivolous suits as the next guy, and I actually get them thrown out on a regular basis in my defense practice. The problem is getting the public to understand what is actually frivolous.

Back to the case at hand, I don't know enough about the disease or the labeling on the drink can. I would think there's a decent chance of an out-of-court settlement, just because juries really don't do well with deceased children. Of course, at least in Texas, parents have very few legal claims to their kids. I'm dealing with one of those cases now, in the context of a fatal car accident.

Cheers, John

[crash]

I talked to a lawyer friend of mine and I am with you John. I didn't know the facts until speaking with her either and she kind of showed me the light, although seared shut viginas were not part of the education...thankfully.

Anyway, at first glance I would conclude that it will be a tough case to win also, but anything can happen now a days.

[NiceGuyEddie]

Originally Posted by Big Blocker

Truer words have never been said . . .

" unfortunately, in america, the person responsible for something is the one with the most money ".

the opposite is true as well.

http://www.facesoflawsuitabuse.org/