June 28, 2013

Second Lawsuit Filed Against Monster Beverage Corp.

by Lebowitz & Mzhen

A mother filed suit against Monster Beverage Corp., this week, alleging that her teenage son's death from cardiac arrhythmia was attributable to his habitual consumption of the company's energy drink.

The woman's son was taken to the hospital for cardiac arrest, and died shortly thereafter. Monster released a statement in response, claiming that there was no causal evidence that their beverage led to the cardiac arrest. energy%20drinks.jpg

Another similar lawsuit was filed against Monster, on behalf of a 14 year old girl from Maryland who died after consuming two 24 ounce cans of the energy drink. In that case, Monster claimed in defense that there was no blood test performed to confirm the alleged "caffeine toxicity," which the suit claimed, but rather the cause of death was ruled natural causes, hastened by pre-existing conditions.

The attorney representing both of the families stated that the allegations claim that the plaintiffs' deaths were caused by the energy drinks, and more specifically the company's failure to warn about the dangers of consuming the product.

The U.S. Food and Drug Administration have begun an investigation into the reported deaths of individuals tied to consumption of energy drinks, including allegedly five blaming consumption of Monster beverages as the primary cause of death.

Additionally, Dennis Herrera, the San Francisco city attorney, is allegedly also suing the company, claiming it markets its energy drinks to children and that the products present potentially severe health risks.

The lawsuits as described above all fall within the area of personal injury law referred to as "Products Liability" law. Products liability lawsuits arise from a scenario in which an individual is harmed in some way that is causally related to some product they purchased, and for which the consumer either could not have prevented the harm, the product posed an unreasonable risk of harm, or the consumer had no way of knowing that this type of harm would occur. The most common types of product liability cases arise under three theories: negligence, breach of warranty, and strict liability.

Under a negligence theory, the plaintiff asserts that the company that manufactured the product in a manner which failed to do what a reasonably prudent manufacturer would have done. The manufacturer is required to be reasonable when designing, manufacturing, and inspecting its products prior to use by the consumer. Additionally, manufacturers are required to warn consumer of any dangerous conditions associated with the product. The failure to warn may serve as justification for a claim by a plaintiff injured by a dangerous product.

If you or someone you know has been injured by a defective product, or if someone you loved died because of exposure to or use of a defective or dangerous product or substance, you should speak with a Maryland products liability attorney right away. The attorneys at Lebowitz & Mzhen, will work to secure the recovery that you deserve. Contact us today at 1-800-654-1949 or through our website to schedule your complimentary and confidential initial consultation.

More Blog Posts:

Police Trainee Shot in Head Files Negligence Lawsuit Against Baltimore & City Police Department, Maryland Accident Law Blog, published June 14, 2013

Baltimore Sun Reader Suggests Penalties for Negligent Drivers at Railroad Crossings, Maryland Accident Law Blog, published June 6, 2013