Sarah Katz, 21, had a heart condition and was not aware of the drink’s caffeine content, which exceeded that of cans of Red Bull and Monster energy drinks combined, according to a legal filing

  • Salamendacious@lemmy.worldOP
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    8 months ago

    I’m not going to lie when I first read the headline I thought this was probably a frivolous lawsuit but after reading the article I thought that stuff should get pulled.

    • FoundTheVegan@kbin.social
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      8 months ago

      It’s like that McDonald’s hot coffee lawsuit. Poor lady was made a mockery of for ordering hot coffee because it sounds ridiculous at first but she had 2nd degree burns. It was recklessly hot, as was this drink recklessly produced and marketed.

      • mosiacmango@lemm.ee
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        8 months ago

        3rd degree groin burns that required grafts.

        She initially asked for just 20k to cover her medical bills, and they instead offered like $800.

        Also of note, that huge 2.7mil fine the jury found? Just the profits from 2 days of McDonald’s coffee sales. The judge reduced it to $650k, but even that likely wasent paid as they settled out of court at that point.

        • ArtVandelay@lemmy.world
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          8 months ago

          It was also discovered that McDonald’s was aware of the danger of serving their coffee that hot, yet they continued to do so because it meant they had to give fewer free refills. If you have to wait 20 minutes for your coffee to cool down before you drink it, you’re going to get less refills overall

          • Misconduct@startrek.website
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            8 months ago

            The worst part of that is knowing they probably determined it’s cheaper to settle injuries than keep it at the temps they were supposed to. I know corporations are soulless money making machines but that always feels extra dark to think about

            • jarfil@lemmy.world
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              8 months ago

              corporations are soulless money making machines

              The worst part: Corporations are run by people, people hired to do a job, people who can say “fuck no, I’m not doing this evil thing for a couple bucks of a raise”… but eventually some people get hired who will do that evil thing, even with no raise.

              Remember Google’s “don’t be evil”? Eventually they hired enough people who don’t care, that they could remove the slogan.

          • JohnEdwa@sopuli.xyz
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            8 months ago

            IIRC their explanation was for take away, keeping the coffee hotter so it would last until you got home.

          • SheDiceToday@eslemmy.es
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            8 months ago

            I thought the specific wording in their documentation was because they wanted the smell of the coffee to fill the restaurant. Did McDonald’s give refills of coffee?

      • Hillock@kbin.social
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        8 months ago

        The McDonald’s lady’s case blew up because the jury slapped McDonald’s with huge punitive damages. If she would have gotten the 10-30k she asked for initially or even just the 125k for actual damages no one would care about the case. But the 2.7 million in punitive damages just make this lawsuit seem frivolous. But she had no control over that.

        And IIRC one big reason why she won was because the cups weren’t suited for holding such hot liquid. The temperature of coffee didn’t decrease in McDonald’s after the lawsuit.

      • DreamButt@lemmy.world
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        8 months ago

        Funny you should mention that. I use to work for the franchise owner who’s brother-in-law (who also worked for the franchise) gave that woman the cup of coffee (or so he would say) when they were franchising with McDonalds. And guess where I was working at the time? Panera

      • Son_of_dad@lemmy.world
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        8 months ago

        It also explains why the coffee is so bad. Heating coffee above a certain temp is just burning it.

        • Fester@lemm.ee
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          8 months ago

          It should be brewed at 195-205 F, just a bit higher than McDonalds served it.

          But normally it would quickly cool down after it’s brewed. Any burning from reaching that temp is from a hot plate exceeding the temp and burning the bits of oil and soot that are in contact with the plate. Water, and I assume coffee, can’t be heated above boiling at 212 F anyway, but the hot plate and carafe or urn parts can, and steam can, and oil can.

          Anyway I’m just saying it would be reasonable for fresh and good-tasting coffee to be in that temperature range. But it’s only going to stay there for any length of time if it’s burned on a hot plate or, more ideally, dripped directly into an insulated container.

          It’s more likely their coffee tastes like shit because it was badly roasted, ground months ago, has since gone stale and bitter, and is full of unnecessary added chemicals and preservatives, just like the rest of their shit food.

      • Elivey@lemmy.world
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        8 months ago

        If I remember correctly, her labia got fused together… Super fucked up burns.

    • assassin_aragorn@lemmy.world
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      8 months ago

      I don’t think they’re legally liable after what I’ve read through and personally experienced – but I absolutely don’t think this is a frivolous lawsuit. It’s still worth merit when it comes to signage and frankly medical testing.

      The biggest problem is that she drank it without knowing the heart condition. We need to have better detection and screening to make sure people know this.

      • Salamendacious@lemmy.worldOP
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        8 months ago

        From the article:

        Katz had a heart condition called long QT syndrome type 1 and avoided energy drinks at the recommendation of her doctors, according to the filing.

        her roommate and close friend, Victoria Rose Conroy [said,] “She was very, very vigilant about what she needed to do to keep herself safe,” Conroy said. “I guarantee if Sarah had known how much caffeine this was, she never would have touched it with a 10-foot pole.”