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Energy Drinks Give you Wings…and a Potential Civil Lawsuit

You’ve probably noticed the onslaught of energy drinks infiltrating your convenience store freezer. Drinks like Monster, Red Bull and Rockstar offer instant gratification and euphoric spurts of liveliness, enticing consumers to believe their over-caffeinated, under-regulated beverages will lead to unlimited fun times and boundless vigor. In fact, dozens of lawsuits have surfaced over the past several years accusing these drink makers of failing to warn drinkers of the true nature of these beverages and their potential for danger – a warning which is required under the laws of California and every other state. In fact, drinks like Red Bull have been blamed for the deaths of unsuspecting partiers, including one man whose recent lawsuit demands wrongful death damages amounting to $85 million.

Lawsuit Against Red Bull Alleges Product Liability Leading to Death

In what is believed to be the first wrongful death lawsuit against energy drink maker Red Bull, surviving family members of a Brooklyn man are demanding $85 million in damages after 33-year old Cory Terry died after consumer the beverage. Terry suffered a heart attack shortly after consuming Red Bull at a basketball game. The victim, who was an otherwise healthy, non-smoking construction worker, began to feel lightheaded while playing basketball shortly after drinking a can of Red Bull. Despite plaintiffs’ contentions that he was an avid Red Bull drinker, Terry died shortly after finishing the can. The cause of death was ruled as idiopathic dilated cardiomyopathy – or, cardiac arrest.

Plaintiffs’ complaint points to nine other wrongful death lawsuits worldwide that point to Red Bull as the cause for the victim’s death. In rebuttal, Red Bull stated “the company has sold some 35 billion cans in 165 countries over the past 25 years….because health authorities across the world have concluded that Red Bull Energy Drink is safe to consume.”

Strict Liability and Energy Drinks

Makers of consumer products are required to produce goods that are safe for human consumption. If a particular product contains a high risk for injury, danger or death, the manufacturer is required to issue a thorough and detailed warning to the consumer. You may have noticed the latest, highly-detailed, warning labels affixed to cigarettes providing consumers with information as to the heightened risks of cancer and birth defects associated with smoking.

With regard to energy drinks, many opponents believe manufacturers ought to issue similar warnings to consumers detailing the health problems that can occur with excessive caffeine intake. In addition, many consumers of energy drinks are young adolescents and teenagers, who may not be aware of the detrimental effects of sudden bolts of energy to the cardiac and nervous systems.

Contact an Experienced Product Liability Attorney Today

If you or a loved one had a negative experience you believe may be due to the use of energy drinks, attorney Nelson C. Barry can meet with you to discuss your legal rights. You may be able to file a successful personal injury lawsuit against the drink maker, particularly if you have no other history of health problems. For more information, contact Nelson C. Barry today.

 

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