A woman who claims that her 19-year-old son died as a result of consuming
at least two 16-oz. cans of Monster Energy® drinks every day for three years
has filed a survival and wrongful death action against the company. Morris v.
Monster Beverage Corp., RG1368528 (Cal. Super. Ct., Alameda Cty., filed June
25, 2013). According to the complaint, the young man went into cardiac arrest
on July 1, 2013, “[w]hile engaged in sexual activity with his girlfriend,” and
efforts to revive him were unsuccessful. The autopsy report allegedly attributed
his death to “cardiac arrhythmia due to cardiomyopathy.” The plaintiff
focuses on the beverage’s caffeine and other ingredients that have purportedly
been shown to produce adverse health effects, “including cardiac arrest.”

The plaintiff alleges strict liability—design defect, failure to warn—negligent
design, manufacture, sale, and failure to warn; concealment, suppression or
omission of material facts; breach of implied warranties; punitive damages;
and wrongful death. She seeks property damages and medical expenses,
damages for loss of companionship and other non-economic damages,
funeral and burial expenses, and the costs of suit.

 

Issue 490

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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