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-- Kelly's court is back in session on the docket today a potentially deadly energy drink.
On the same day BF DI launches an investigation into reports of five deaths now.
Possibly linked to monster energy drink a Maryland family is suing the company.
They say their teenage daughter died after drinking just to cans of the stuff a fourteen year old girl named a niece California -- who had a heart attack they say brought on by caffeine toxicity.
However that is not the full story and now there's a question about whether they can sustain this lawsuit joining me now to discuss it.
Joint status does it Joey Jackson a former prosecutor and defense attorney and Mercedes -- who is a Fox News legal analyst are overseas so.
Just make the case on behalf of the girl's family because a lot of people.
Drink this drink and don't die of heart attacks on how to they.
Prove that there was something inherently defective about -- I want this and it's important that we think stop we have a warning on the label have a -- right here the mother of Michael always -- are you prevent you resenting that the family I am representing the fan all right stand by Mercedes yeah I don't know I'm so confused it's a -- I've made it this far I've got my energy drink and -- you make the girl's case.
-- -- the story what what I think this is is a classic case of strict liability here is why it's defective product and it's unreasonably dangerous when you have a product that you introduced to the market that has seven times the amount of caffeine that would be in a normal twelve and -- of can of -- I think that's problematic when you market that particular product in a manner with a warning there may be a warning but it's insufficient I think this course the concern.
When you further put on notice because there was an investigation by the Food and Drug Administration stemming back to 2004.
-- -- other fatalities that were associated with this and finally make it.
When you have an autopsy report that concludes as you stated at the outset that her death was due to toxicity.
Regarding the caffeine I think that that's problematic for the company.
Man -- Haley yeah but there's -- -- -- sorry always.
Your honor this is how it goes frankly not an inherently dangerous product why -- -- say that because there isn't a study that that the -- a number of individuals that consume this product and actually had lethal circumstances.
So we can set that -- -- though the warning.
On the can't about the can on the way here and it says clearly.
Not recommended for children.
That's a clear warning it is -- tragic horrible circumstance that this fourteen year old died but she is a minor she's the child.
This strength has a warning that specifically targets.
Her age group that that you should not be drinking.
-- monster drink is gonna comported that she had -- heart and heart defects a congenital heart defect that caused her death.
This that they never go back into the trial you get before the jury in the battle of the X -- -- -- -- her experts are gonna come hit expert.
I had -- tell it is -- blitzer at heart the fact that you're.
If -- may now of course Mercedes being the -- Fabulous -- that she is -- note on the container that she has but she would look real war like Mercedes we'll look at that any little prank that talks about how there's a warning the fact that that the warning it's clearly insufficient number one.
Number two with.
And look at the -- -- dress they can't Jelena way to address that can't marketed to children you have that now that children are going to be consuming this particularly in a day and age where people are busy people consume what they like and they need to stay up.
Number two with respect to the prior condition that this girl had we all know what we call mega you know this very well Mercedes.
The eggshell or if they install plaintiff and what that means -- you take your point if as you find them if a person has a prior existing condition.
-- -- it's supplemented by caffeine cause bad death.
That represent the problem that has have to be some.
We're seeing bill wealthy but the other thing is Mercedes the -- -- well but the editing diseases that apple.
I ice Reggie has some condition and they says that in a potential heart muscle weakening right and -- -- -- that it was micro valve collapse which is a heart murmur which millions and millions of Americans have.
And they're fine and they drink tons of caffeine and they don't have heart attacks so.
You know is the company really going to be able to get out of liability by saying she had a condition -- millions of Americans who consume tons of caffeine has.
They can't because it's really time it's all of up proximate cause what caused her death if -- got -- expert I'm sure they will get plenty.
That say that it was her apartment in general hagee and -- she -- -- -- wet let me jump in August again -- -- but then how did she drop -- with all due respect -- -- I'm sorry to be so council needs to get -- how did she die.
It is if it was all about the harbor just -- about a little caffeine.
It was -- just coincidental that she'd downed two movies monster drinks and then -- that you're they're gonna say had nothing to do whether they will say that it was a contributing factor but it wasn't the handle and for all of her death there was -- contributing factor but.
If you look at it it's not an inherently dangerous product you have to look at the study -- -- -- -- been five -- but.
But certainly numbing bit by bit we don't know the circumstances of the others they may have had heart disease as well.
So they're gonna comported say it wasn't the actual cause of -- yes they -- may have been a contributing factor but that are regulated -- are making it responsible.
Before you give -- -- -- one ounce of -- monster product has about ten milligrams of caffeine one ounce of red ball.
Has less than that so this I mean just a nine point five milligrams of caffeine so point five milligrams less is almost the same as red ball.
I what I think you're doing now what I think they're doing -- -- introducing a product -- that -- market which could clearly be and could clearly cause harm like it did cause -- and with regard to the admission that was a contributing factor that's enough if you apportion liability and you say that based upon this poor little practice gorgeous girls that at her consuming this drink two drinks within 24 hour period that contributed to adapt.
That's liability they need to go back reworked this product that yeah it's one that is safer into the market.
That warning is loving -- been out there for awhile and people are drink and that all the time just as -- can't he's he's surprised and that's that tiger has got to run.
Thank you think you very much for being your.
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