Found an issue on this page? Let us know and we will look into it as soon as possible.
I have liver damage from drinking Monster Engery drinks. Have been to the hospital twice because of this. Settle out of court?
Anonymous4 views4 answers
I was experiencing an intense pain in the mid-right side of my stomach and went to the hospital twice. They didn't check for liver damage. I assumed it may have been because of drinking monster energy drinks, so I quit drinking them and the pain went away. Now I have "visible" liver damage, basically a pit or hole in the right side of my stomach exactly where my liver is. I know without a doubt this is because of drinking Monster energy drinks. Do you think they would settle out of court and would it behove me to file a lawsuit... I can't afford lawyer fees and court costs however.
It is very unlikely that they will settle this out of court with you if you do not have a lawyer. The fact that you know without a doubt that this drink caused you liver damage will simply not be enough to pursue a case. These cases require expert witnesses to establish the connection. Having said that, if you can find a lawyer who thinks that there is some merit to your claim and that your injuries are sufficient to undertake an action against the company, the attorney will often advance the litigation expenses. Most of these cases are handled on a contingent fee basis. Also, most pi attorneys will provide you with a free consultation. Talk to an experienced pi attorney to see if you have a case.
Knowing without a doubt personally does not even come close to the legal requirement for establishing liability against a manufacturer of a purported defective product. You will with no doubt whatsoever, require a medical expert to establish the etiology of what ingredient or combination of ingredients caused harm to you. Do some research on line to determine if there is any litigation against the manufacturer. The costs of expert testimony dwarf the value of any one case, let alone "lawyer fees" and court costs. So if someone somewhere has already initiated litigation against this manufacturer, your best course of action is to link up with them.
No, I do not think the case would settle out of court.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
Based on the facts you provided, it will be very difficult for a personal injury attorney to prove your claim. Especially if you have any history of alcohol or drug use. To the best of my knowledge, there has been very little PROOF linking these sports drinks to liver damage. If there were, the FDA would likely be on top of it (but not always). To be sure, you should consult a personal injury attorney in your area, and ask for a Free Initial Consultation. The lawyer will tell you if you have a case or not, and if they think you do have a case, would possibly be willing to upfront the costs/expenses. Good luck.
THIS RESPONSE DOES NOT IMPLY OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS IMPLIED OR CREATED BY RESPONDING OR FAILING TO RESPOND TO THIS RESPONSE. THIS RESPONSE DOES NOT PROVIDE LEGAL ADVICE. FOR LEGAL ADVICE, YOU SHOULD CONSULT AN ATTORNEY.
I agree with the responses above. Unfortunately, unless you are a physician you cannot testify to whether or not there is causation between drinking the Monster Energy Drink and your liver damage. You would need a physician to advise you that on a more likely than not basis your liver injury was caused by the energy drink.
I don't see Monster Energy Drinks settling that case.