Monster Says Dead Teen Regularly Drank Coffee, Energy Drinks 'Without Incident'

Josh Long, Associate editorial director, SupplySide Supplement Journal

March 5, 2013

3 Min Read
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CORONA, Calif.A group of medical experts retained by Monster Beverage Corp. have concluded the energy-drink giant was not responsible for the death of a 14-year-old girl who suffered from a heart condition.

Monster revealed the findings several months after the parents of Anais Fournier sued he company for wrongful death in a case that highlights concerns over the safety of caffeine and related substances in energy drinks. Fournier reportedly drank two energy drinks within a 24-hour period, then fell into cardiac arrest a few hours later.

Although a medical examiner, Ana Rubio, cited "caffeine toxicity" in her report, Monster's outside counsel, Daniel Callahan, said the medical examiner was relying on Fournier's mother's statement that her daughter had consumed an energy drink even though no blood tests were conducted to detect caffeine in the girl's body. The lawyer also said the evidence indicates the girl regularly drank coffee and energy drinks without any problems.

"After an examination of Ms. Fournier's medical records, pathology report and autopsy report, the physicians stated conclusively that there is no medical, scientific or factual evidence to support the Maryland Medical Examiner's Report of 'caffeine toxicity' or that Ms. Fournier's consumption of Monster Energy Drinks 24 hours apart contributed to, let alone was the cause of her untimely death," Callahan said Monday in a statement.

The R. Rex Paris Law Firm, one of the law firms representing Fournier's parents Wendy Crossland and Richard Fournier, did not respond Tuesday to an emailed request for comment. But Kevin Goldberg, a lawyer representing the Fourniers in another law firm, told Reuters there were other symptoms of caffeine toxicity. "We have our experts and they have their experts," Goldberg said in the report.

In court documents, Monster has blamed Fournier's death on a preexisting heart condition. Through its lawyers, the Corona, Calif.-based company cites medical records showing a history of heart problems dating back to when the teen was just six-years-old. Fournier's relatives have a history of heart problems, Monster added, noting that her mother Wendy had a pacemaker implanted and her maternal grandfather suffered a heart attack.

"When she was 13 years old, Mr. Fournier complained to her doctors that her heart was pounding in her chest," Callahan said. "The confided that she was concerned that her symptoms were a precursor to a much more serious problem, even her own death."

According to the medical examiner's report, Fournier collapsed two to three hours after drinking a Monster beverage. She suffered a cardiac arrest and was later placed into an induced coma where she remained for six days before the decision was made to remove her from life support, according to the lawsuit.

Lawyers representing Fournier's parents plan to establish Monster's liability through scientific studies and expert witnesses in a case the U.S. Food and Drug Administration is investigating as part of a broader probe into the safety of energy drinks.

Monster has sold more than 8 billion cans of its energy drink and declared it is not aware of its product being responsible for any deaths.

About the Author

Josh Long

Associate editorial director, SupplySide Supplement Journal , Informa Markets Health and Nutrition

Josh Long directs the online news, feature and op-ed coverage at SupplySide Supplement Journal (formerly known as Natural Products Insider), which targets the health and wellness industry. He has been reporting on developments in the dietary supplement industry for over a decade, with a focus on regulatory issues, including at the Food and Drug Administration.

He has moderated and/or presented at industry trade shows, including SupplySide East, SupplySide West, Natural Products Expo West, NBJ Summit and the annual Dietary Supplement Regulatory Summit.

Connect with Josh on LinkedIn and ping him with story ideas at [email protected]

Education and previous experience

Josh majored in journalism and graduated from Arizona State University the same year "Jake the Snake" Plummer led the Sun Devils to the Rose Bowl against the Ohio State Buckeyes. He also holds a J.D. from the University of Wyoming College of Law, was admitted in 2008 to practice law in the state of Colorado and spent a year clerking for a state district court judge.

Over more than a quarter century, he’s written on various topics for newspapers and business-to-business publications – from the Yavapai in Arizona and a controversial plan for a nuclear-waste incinerator in Idaho to nuanced issues, including FDA enforcement of the Dietary Supplement Health and Education Act of 1994 (DSHEA).

Since the late 1990s, his articles have been published in a variety of media, including but not limited to, the Cape Cod Times (in Massachusetts), Sedona Red Rock News (in Arizona), Denver Post (in Colorado), Casper Star-Tribune (in Wyoming), now-defunct Jackson Hole Guide (in Wyoming), Colorado Lawyer (published by the Colorado Bar Association) and Nutrition Business Journal.

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