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 Cnty., 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.