Well, i think we can agree that it sucks to be her parents.
It sounds to me like the plaintiffs are stipulating that she knew it was caffeinated, and that it was just stronger than she expected. If that’s so, then I can’t see how there’s any case: If you know you have a health condition that counterindicates caffeine, and you know that something has caffeine in it, then you either don’t consume it, or you find out exactly how much it has.
I don’t think the symbols used by Gatorade matter at all. Atrial fibrillation, the most likely relevant abnormality (by statistics), is common but concerning because changing to a fast rhythm can precipitate strokes, increasing odds ratios in the neighbourhood of three times. Young people still have a low risk even when trebled. I wonder if it was a different problem or if she smoked while taking contraception, had undiagnosed cancer, or had one of many blood dyscrasiae. I doubt much about the medicine will be made public at this time.
My wife is allergic to some artificial sweeteners and as such avoids ordering sodas and iced tea when we’re out for fear she might be served a diet drink. The few times she does order a soda, it’s always something that doesn’t have a diet version like root beer or an orange drink (which have diet versions but not usually served at most restaurants). But despite her being careful, I can’t discount the possibility she’s going to order something without knowing it has artificial sweeteners in it. I suspect this is going to be growing problem given the addition of caffeine and other ingredients to make something into an energy drink.
If you have an allergy or some medical problem preventing you from consuming a common food or drink, you bear the brunt of the responsibility for making sure you’re safe. Usually the waitstaff gets my drink right, but sometimes they bring me a Diet Coke instead of a Coke. And if you have to avoid caffeinated beverages for fear of death, then don’t drink anything caffeinated. To do otherwise just means you’re playing Russian roulette.
I’ll make an exception for restaurants that go out of their way to say how safe their are in regards to allergens. We have a restaurant here in Little Rock called Izzy’s, and they specifically advertise their gluten free menu that is prepared in its own gluten free area. If I order off the gluten free menu and they serve me something with gluten, well, I expect them to take responsibility.
That said, if there’s anything the infamous McDonald’s coffee lawsuit taught us, is that we need to wait until we have all the facts before coming to a conclusion. I can’t entirely rule out the possibility Panera might be at fault here. Perhaps the lemonade had an inordinate amount of caffeine? Maybe there’s some legal precedent for Panera to be liable. I’m not a lawyer. While it doesn’t look good for the family of the poor young woman, they might have a valid case.
In the late 90s, an Indian man sued Taco Bell for serving him a beef burrito instead of the bean burrito he had ordered. Mukesh K. Rai, a Hindu, was traumatized by the beef and after consulting his spirtial advisor traveled back to India to bathe in the waters of the Ganges to purify himself. Taco Bell ended up settling for an undisclosed amount.
She was an adult and knew she had a medical condition that required she avoid or moderate caffeine.
Panera advertised their product had caffeine in it and it was accurate.
189mg/16 oz coffee 11.81 mg per ounce
Charged lemonade
260mg/20 oz 13 mg per ounce|
390mg/30 oz 13 mg per ounce|
If Ice is added those numbers go down because there’s less product in the cup.
It’s easy for someone to make a mistake but in this case it was her’s to make. The store fulfilled their obligations to inform.
If the LD50 for you is the caffeine in one large cup of coffee, would you risk drinking a small coffee? I wouldn’t
Neither would I. Caffeine is one of the easier things to avoid. Chocolate, tea, coffee are well known to contain caffeine. Everything else with added caffeine is covered with buzzwords (not even sorry) touting it’s presence.
Unless the lawyers can prove an incorrect mix of the product I don’t see what the case will be based on.
I always wondered about the McDonald’s lawsuit. Properly brewed coffee is 190 Deg F. The most it could be is 212 degrees. They couldn’t keep it at 212 deg because it would boil over and burn. By default it has to be less than boiling. And what’s the safe temperature of a liquid to pour on one’s crotch?
I use hot water for a neti pot and that’s 110 deg or less. When I make tea or instant coffee it’s from a boiling tea kettle and yes, it’s hot. I sip it. I also sip every hot beverage until I’m sure it’s the temperature I want to gulp down. What I don’t do is test the temperature with my crotch. I have doubts that any temperature range of hot coffee is going to sit well.
At my local Panera, the “Charged” drinks are between the soda machine and the iced teas/coffee. The are plainly marked “as much caffeine as a coffee.”
Caffeine aside, they are insanely sweet. The Yuzu one is like drinking syrup.
There are plenty of places on the Interwebs where you can find the details of the case and learn that she did not pour the coffee on her crotch.
The industry standard for storing and serving coffee is 160F. McDonalds held theirs above 180F, iirc. Coffee should be brewed at a higher temperature than it should be drunk.
Ideal Coffee Temperature: Brewing And Drinking Coffee (craftcoffeespot.com)
Wonder no longer. The lawsuit was anything but frivolous.
Moderating:
Sorry for participating in this hijack, but we should try to stick to the Panera case, and not go too overboard with the old McDonald’s case.
At some point you have to take personal responsibility for your health and life.
It’s hard as heck in a restaurant. But being aware and educated on what’s in the food and drink lies on your own shoulders. I recently had a glucose reaction to Taco Bell tacos. Bringing a lawsuit on the company never occured to me (ummm, I didn’t die, btw).
Peeved me. And I fussed up about it.
It was my decision to eat them. So I’m responsible.
If anyone knows about health conditions that make certain foods or beverages unsafe, it’s you, and I think your example is excellent.
I get that the poor parents are grieving, and that “if only” is a common element of grief. The urge to find someone to blame other than the late child must be enormous. However, I think the young woman made a mistake. I’m not convinced Panera is responsible for the consequences of that mistake.
Uh huh. In order to convey the gist of it I need to replace “pour on one’s crotch” with "accidentally spill in a manner that causes a liquid to pour over one’s crotch, leg, and buttocks?
Getting back to the meat of this thread (not actual meat) I think the lawyers have to prove some form of gross negligence on the part of Panera. Otherwise it’s carrot logic to say she died from consuming their product.
I have diabetes. I choose to eat some foods with sugar, but I monitor the amount and keep it low. That said, I’m not 21 and don’t make decisions as I did at that age.
I have reactive hypoglycemia, and have to avoid sugar too. I can tell with the first sip if I’ve been served a regular soft drink instead of diet. They taste very different. I know that doesn’t mean anything in particular as far as caffeine is concerned, but someone used a diabetic being served a full-sugar drink. I wish diet tasted just like regular, but it doesn’t.
My friend (rip) was in a German supermarket. Because of a life-threatening allergy, he was on his knees carefully trying to make out all the ingredients listed on the boxes. A couple of women walk by and see him. One says, “Oh, no, it’s the health inspector!” Her friend says, “No, he’s an American. Look at his shoes.”