A products liability action against MONSTER Beverage alleging the wrongful death of a 14-year-old girl has been ordered to mediation by a Riverside County judge. According to CNBC News, the court ordered that the case be mediated prior to November 26, 2013. The alleged victim, Anais Fournier, reportedly died within 24 hours after consuming two MONSTER drinks. A coroner's report from Maryland, where Anais died, indicated that she died of a cardiac arrhythmia due to caffeine toxicity. Anais apparently had a per-existing heart condition that may have played some role in her death. The Fournier family alleges that the MONSTER drinks should not be marketed to or consumed by children or those with a cardiac condition. MONSTER has denied that their drinks are dangerous. The U.S. Food and Drug Administration is also investigating a number of other deaths to determine whether they were the result of consuming MONSTER drinks.
Products Liability Claims For Defective Products
The lawsuit above has been filed with the Riverside County Superior court alleging that the MONSTER drinks consumed by Anais Fournier were unreasonably dangerous. Under California law, a product (such as an energy drink) may be dangerously defective if there is a failure to warn consumers of potential risks, side effects or allergic reactions and that the product presented a substantial danger when used or even misused in an intended or reasonably foreseeable way. In the Fournier case, it is likely the family is contending there should be a warning to teens and those with a heart condition that the MONSTER drinks may pose a danger or at least the risk of causing a heart problem, or even death. In addition, under the law, that lack of a warning has to be a "substantial factor" in causing injuries or death. In other words, it must be shown that the failure of MONSTER to warn teens and those with a heart condition about the risk of a heart problem contributed to Anais' death.
The Order to Mediation
In California courts, the trial judge has the option of ordering the parties to a lawsuit to mediate their case before a neutral third party. What this typically means is that the parties (through their attorneys) will select either an experienced attorney or a retired judge to preside over a mediation, an informal hearing at which the parties and the mediator discuss settlement. While the parties are not obligated to take the advice of the mediator, they generally do give the mediator some deference since it was the parties who selected him or her, presumably because of their expertise. Mediations result in settlement much more often than not, and this is particularly true where the parties have voluntarily agreed to mediate their dispute and conduct themselves in good faith.
If you or a loved one has been seriously injured because of a defective product, a free consultation with a product liability attorney is often the first and most important step to take toward obtaining compensation.
SOURCE: Wrongful Death Suit Against Monster Beverage Heads to Mediation, CNBC News, Food and Beverage, May 31, 2013, by Jason Gewirtz
Products Liability Claims For Defective Products
The lawsuit above has been filed with the Riverside County Superior court alleging that the MONSTER drinks consumed by Anais Fournier were unreasonably dangerous. Under California law, a product (such as an energy drink) may be dangerously defective if there is a failure to warn consumers of potential risks, side effects or allergic reactions and that the product presented a substantial danger when used or even misused in an intended or reasonably foreseeable way. In the Fournier case, it is likely the family is contending there should be a warning to teens and those with a heart condition that the MONSTER drinks may pose a danger or at least the risk of causing a heart problem, or even death. In addition, under the law, that lack of a warning has to be a "substantial factor" in causing injuries or death. In other words, it must be shown that the failure of MONSTER to warn teens and those with a heart condition about the risk of a heart problem contributed to Anais' death.
The Order to Mediation
In California courts, the trial judge has the option of ordering the parties to a lawsuit to mediate their case before a neutral third party. What this typically means is that the parties (through their attorneys) will select either an experienced attorney or a retired judge to preside over a mediation, an informal hearing at which the parties and the mediator discuss settlement. While the parties are not obligated to take the advice of the mediator, they generally do give the mediator some deference since it was the parties who selected him or her, presumably because of their expertise. Mediations result in settlement much more often than not, and this is particularly true where the parties have voluntarily agreed to mediate their dispute and conduct themselves in good faith.
If you or a loved one has been seriously injured because of a defective product, a free consultation with a product liability attorney is often the first and most important step to take toward obtaining compensation.
SOURCE: Wrongful Death Suit Against Monster Beverage Heads to Mediation, CNBC News, Food and Beverage, May 31, 2013, by Jason Gewirtz
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