Third lawsuit filed against Panera Bread over Charged drinks

Another lawsuit has been filed against Panera Bread, an American bakery-cafe chain, relating to its Charged drinks.

Lauren and Christopher Skerritt sued the restaurant giant on Tuesday in the Deleware Superior Court allegeding that the company was negligent in creating their Charged drinks, calling the design “defective” and “dangerous”.

According to the complaint, Ms Skeritt went to the company’s Greenville, Rhode Island location on 8 April 2023 and consumed two and a half Panera Charged Lemonades. She said she ordered the drink because it was advertised as “plant-based” and “clean”.

The company reportedly markets the drink as having the same amount of caffeine as its dark roast coffee.

After drinking the beverages, the woman said she suffered from three palpitations and almost fainted while at church. Based on the court filings, she’d never experienced those symptoms before.

The following day she went to the Emergency Department at Rhode Island Hospital and told medical professionals what she’d recently consumed. The nurse attending to Ms Skeritt noted that the drink had high levels of caffeine.

While at the hospital, the woman reportedly fainted and her heart rate started to increase and she was subsequently moved to the critical care unit. Sudden episodes of rapid heartbeat continue to occur without pattern, the documents state.

Ms Skeritt was later diagnosed with early onset atrial fibrillation. She continues to experience symptoms she says are related to the experience, including shortness of breath, palpitations, brain fog, body shakes, weakness and difficulty thinking and concentrating.

She has also reportedly developed a tremor in her left hand and is currently taking daily medication to regulate her heart rate and rhythm. Court documents state that she can no longer function at her previous capacity.

“Defendants knew or should have known that the Panera Charged Lemonade, as designed and formulated, once consumed, could injure children, pregnant and breastfeeding women, people with underlying heart conditions, and poeple sensitive to caffeine by causing catastrophic injuries and/ or death.”

The Independent has reached out to Panera Bread for comment.

Ms Skeritt is suing the company for negligence, fraud and two other business-related counts.

Hers is the third lawsuit to be levelled against the company in regards to the beverages, which come in the flavours Fuji Apple Cranberry, Strawberry Lemon Mint or Mango Citrus.

In August, Jill and Michael Katz, the parents of 21-year-old Sarah Katz, filed a lawsuit against the company following their child’s death in 2022 which they believe stemmed from her consuming the beverage.

Based on the lawsuit, Ms Katz suffered a cardiac arrest and was transfered to Pennsylvania Presbyterian Hospital, where she went into cardiac arrest a second time and died. She also suffered from a heart condition.

In December, family members of Dennis Brown, a 46-year-old man, sued the company over his death after he drank the beverage and suffered a cardiac arrest on 9 October 2023 in Florida. He was found unresponsive on the sidewalk and pronounced dead at the scene, the lawsuit states.

Elizabeth A Crawford, the attorney representing the families, said the Katz case is currently in discovery and the lawsuit filed by Mr Brown’s relatives is soon to be in discovery.