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Kepler
Joined: 24 Sep 2007
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 Posted: Tue Oct 23, 2012 6:56 pm Post subject: Monster Beverage Company Sued For Wrongful Death |
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"Monster Beverage Corporation, a leading marketer and distributor of energy drinks and one of the biggest athlete and event sponsors in action sports, is facing a lawsuit over the death of a 14-year-old girl who died of cardiac arrhythmia after drinking Monster Energy....
"In Fourneri, the syndrome was a preexisting heart problem, but according to the family's lawyer, Kevin Goldberg, doctors had not told her to restrict her consumption of caffeine.
"The two, 24-oz. cans of Monster Energy that Fourneir drank in that 24-hour period contained a total of 480 milligrams of caffeine, equivalent to 14 12-oz. cans of Coke."
http://espn.go.com/action/story/_/id/8544074/monster-energy-sued-wrongful-death-teen-girl
Monster energy drinks actually do have a warning label on them which advises against consumption of their products by children, pregnant women, and people sensitive to caffeine. Perhaps the parents should be suing the doctors instead who failed to warn their daughter about caffeine. |
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JustinC
Joined: 10 Mar 2012
Location: We Are The World!
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| Posted: Sat Oct 27, 2012 1:19 pm Post subject: |
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| That's sad, those drinks are really expensive here. |
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The Cosmic Hum
Joined: 09 May 2003
Location: Sonic Space
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| Posted: Sat Oct 27, 2012 8:42 pm Post subject: Re: Monster Beverage Company Sued For Wrongful Death |
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| Kepler wrote: |
| Perhaps the parents should be suing the doctors instead who failed to warn their daughter about caffeine. |
They shouldn't be suing anyone. |
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Kuros
Joined: 27 Apr 2004
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| Posted: Sat Oct 27, 2012 9:21 pm Post subject: Re: Monster Beverage Company Sued For Wrongful Death |
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| The Cosmic Hum wrote: |
| Kepler wrote: |
| Perhaps the parents should be suing the doctors instead who failed to warn their daughter about caffeine. |
They shouldn't be suing anyone. |
Why not?
Can you give us some insight into the 14-year-old girl's cardiac arrhythmia? In your full, professional medical opinion? |
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Captain Corea
Joined: 28 Feb 2005
Location: Seoul
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| Posted: Sat Oct 27, 2012 9:51 pm Post subject: |
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| I've gotta say, you'd think that the docs would advise her about certain precautions she (and her family) should take. |
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The Cosmic Hum
Joined: 09 May 2003
Location: Sonic Space
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| Posted: Sat Oct 27, 2012 11:19 pm Post subject: Re: Monster Beverage Company Sued For Wrongful Death |
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| Kuros wrote: |
| The Cosmic Hum wrote: |
| Kepler wrote: |
| Perhaps the parents should be suing the doctors instead who failed to warn their daughter about caffeine. |
They shouldn't be suing anyone. |
Why not?
Can you give us some insight into the 14-year-old girl's cardiac arrhythmia? In your full, professional medical opinion? |
Is that what it comes down to?
Do people need full, professional medical advice not to do something really, really stupid?
Let's see...I'm only 14 years old...and I have a heart condition.
I know what I should do...drink 2 24oz cans of caffeine enhanced sports drinks.
This is beyond stupid...and as it turned out...it was deadly.
No one on the planet could have foreseen that to be a stupid thing to do...except medical doctors of course.
No doubt the doctors should have advised a 14 year old girl with a heart condition to avoid mega dosing caffeine. |
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Kepler
Joined: 24 Sep 2007
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| Posted: Sun Oct 28, 2012 1:49 am Post subject: |
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There is more caffeine in two 16 ounce servings of brewed coffee at Starbucks.
http://www.cspinet.org/new/cafchart.htm#table_coffees
However, I haven't heard of anyone suing Starbucks because of caffeine overdose. I think legislation would be a better solution than litigation- a law which requires warning labels with information about caffeine content. |
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12ax7
Joined: 07 Nov 2009
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| Posted: Sun Oct 28, 2012 2:46 am Post subject: |
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I just read about that this morning. The company's response to the accusations is pretty pathetic: they've never heard of anyone dying from drinking their product.
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12ax7
Joined: 07 Nov 2009
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| Posted: Sun Oct 28, 2012 2:52 am Post subject: Re: Monster Beverage Company Sued For Wrongful Death |
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| The Cosmic Hum wrote: |
| Kuros wrote: |
| The Cosmic Hum wrote: |
| Kepler wrote: |
| Perhaps the parents should be suing the doctors instead who failed to warn their daughter about caffeine. |
They shouldn't be suing anyone. |
Why not?
Can you give us some insight into the 14-year-old girl's cardiac arrhythmia? In your full, professional medical opinion? |
Is that what it comes down to?
Do people need full, professional medical advice not to do something really, really stupid?
Let's see...I'm only 14 years old...and I have a heart condition.
I know what I should do...drink 2 24oz cans of caffeine enhanced sports drinks.
This is beyond stupid...and as it turned out...it was deadly.
No one on the planet could have foreseen that to be a stupid thing to do...except medical doctors of course.
No doubt the doctors should have advised a 14 year old girl with a heart condition to avoid mega dosing caffeine. |
These drinks are advertised to teens, and I doubt the companies go out of their way to mention that they are loaded with caffeine.
Heck, I once took a sports supplement before my workout and nearly had a heart attack during. Heart palpitations, head spinning. When I got home I checked the label. It was an amino acids drink by a well known sports supplement company. It had as much caffeine as 4 cups of coffee per serving...Caffeine in an amino acid drink mix, or all things.
So, basically, since these drinks are advertised to teens, and most teens don't drink coffee, it's only normal that she didn't expect it to be loaded with caffeine, as I didn't expect that sports supplement to have any caffeine in it at all. |
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Kuros
Joined: 27 Apr 2004
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| Posted: Sun Oct 28, 2012 8:26 am Post subject: Re: Monster Beverage Company Sued For Wrongful Death |
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| The Cosmic Hum wrote: |
| Kuros wrote: |
| The Cosmic Hum wrote: |
| Kepler wrote: |
| Perhaps the parents should be suing the doctors instead who failed to warn their daughter about caffeine. |
They shouldn't be suing anyone. |
Why not?
Can you give us some insight into the 14-year-old girl's cardiac arrhythmia? In your full, professional medical opinion? |
Is that what it comes down to?
Do people need full, professional medical advice not to do something really, really stupid?
Let's see...I'm only 14 years old...and I have a heart condition.
I know what I should do...drink 2 24oz cans of caffeine enhanced sports drinks.
This is beyond stupid...and as it turned out...it was deadly.
No one on the planet could have foreseen that to be a stupid thing to do...except medical doctors of course.
No doubt the doctors should have advised a 14 year old girl with a heart condition to avoid mega dosing caffeine. |
California is a pure comparative negligence state.
| Quote: |
| Presently, thirteen (13) states follow a pure comparative negligence system: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington. In a pure comparative negligence system, a judge or jury assigns a percentage of fault to each responsible party and then apportions the damage award accordingly. Using this system, an injured person may recover his or her damages even if the injured person was 99% at fault in causing the injury, with those damages reduced by his or her portion of the fault. For example, in a car accident between Dave and Debbie where Debbie was found to be 99% responsible, and the jury found that Debbie suffered $10,000 in damages, that award would be reduced by Debbie�s 99% fault in causing the injury. In the end, Dave would only have to pay 1% of Debbie�s damages, or $100 in this case. |
Even if the girl is 90% responsible, her parents (as representatives of her estate) should sue. |
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The Cosmic Hum
Joined: 09 May 2003
Location: Sonic Space
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| Posted: Sun Oct 28, 2012 6:34 pm Post subject: |
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Personally, I think the girl is 100% at fault.
But I have little doubt a jury would be far more gullible and certainly more sympathetic.
If all they want is money, which is almost always the case...then yes...you are quite right...they should sue.
My point was basically that they shouldn't sue...accept their responsibility and move on...not that they couldn't win if they did.
If your point was that they can win money if they sue...I certainly concede that point to you. |
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