On December 22, during her morning examination, Anais’s nurse noticed a difference in her eyes. Her pupils were fixed and unreactive. They took Anais for a brain scan. About [two] hours later, JHU doctors took my ex-husband and [me] into a conference room where they proceeded to tell us that our lovely, kind, and intelligent daughter was brain dead.
They explained that oxygen had been cut off from the entire brain during her arrest. Although her brain stem still functioned at first, by allowing her pupils to dilate, having a gag reflex, and controlling her temp and heart rate, it succumbed to the hypoxia. Anais’s father and I were devastated. We held hands (although we were not very fond of each other) and cried.
After a few minutes, I wiped my tears, and asked, ‘Can we donate her organs?’ They told us we could.
Protocol stated that an assessment must be done in 24 hours to confirm brain death. That night, the nurses moved Anais over to the side of her bed in order for me to fit next to her. My best friend sat next to her bed, and I laid next to her, all night. We talked to Anais the entire night without one wink of sleep. We talked about all the funny things she has said and done over the years. I told her how proud I was of her and how much happiness came from being her mom.
At 5:37 p.m. on December 23, Anais, who was always so full of life, was declared dead. She had never regained consciousness since the cardiac arrest. My world shattered that day. I didn’t know how I could ever live again.
Anais always wanted to help everyone, and on Christmas eve, she gave her last gift to this world. She donated her organs and saved the lives of two people, as well as giving the gift of sight to two individuals who were blind. On Christmas Day 2011, while everyone else was opening gifts with loved ones, Anais was having an autopsy. I advised the coroner of her activities the day before and the day of her cardiac arrest. I believed, wholeheartedly, the energy drinks were to blame for her death. When the death certificate was filed, Anais’s cause of death was listed as ‘cardiac arrhythmia due to caffeine toxicity.’
The day after Christmas, I walked, numbly, into the funeral home. I don’t remember most of that day, other than the lovely white and pink casket I picked out. It had gold brackets with pink roses, and I had them embroider the inside lid with flowers and her name.
I asked the funeral home if I could do her eye makeup. She had a very distinctive way and I wanted it to be perfect. They told me that normal makeup usually didn’t work on the deceased, but I was welcome to try. I did her eye makeup perfectly and painted her nails to match the favorite sweater she was being buried in. We said our final goodbyes on December 30, at 1 p.m.
When the death certificate arrived, I knew I needed to advocate on behalf of Anais and all others affected by these ‘beverages.’ First, I tried contacting those who were in the news stories I read. An 18-year-old man who was hospitalized after seizing from an energy drink, a mother of a 19-year-old-man who died after consuming an energy drink, and a father of a 15-year-old boy who shared the same fate as Anais. Then, I started reaching out to Capitol Hill.
Every week I drove to a different senator’s office in DC. The appointments were with the legislator’s staff member(s). They would listen to my story, accept my documentation, and tell me they’d pass on the information. Months went by before someone actually seemed to listen. A legislative aide to Senator Dick Durbin, of Illinois, said this is something that would interest him. He had led the effort to ban ephedra, a dietary supplement, that led to more than 150 deaths.
I was in constant contact with his office, and eventually, with the help of Senator Richard Blumenthal (D-CT) and Ed Markey (D-MA) a congressional hearing was scheduled to evaluate the energy drink industry’s marketing to minors. In between the initial appointment with Senator Durbin’s office and the hearing, I had requested the adverse reaction reports for most of the major energy drink brands, via a FOIA request with the FDA.
I contacted The NY Times and a reporter published the reported deaths. My phone rang off the hook for interviews, and my street was crowded with news vans. Anais’s story had been published in every major newspaper, within the U.S. (except for Alaska). I was on “The Today Show,” Anderson Cooper’s talk show, CNN’s “The Lead with Jake Tapper,” and many others.
The congressional hearing was attended by the CEOs of Monster Energy, Red Bull, and Rockstar. The senators questioned each about their techniques to get minors to purchase their drinks, via sponsorship of sporting events, clothing lines, etc. Each CEO denied their intentions, even when faced with the proof.
Unfortunately, not much has changed over the years, due to the powerful lobbyists of the American Beverage Association. We tried to pass a state-wide bill banning the sales of energy drinks to minors in 2014, but the lobbyists won.
This past Christmas marked [seven] years since Anais died. Our lives have continued, but a huge piece of us is missing. For the past year and a half, I have taken a much-needed mental break from this fight. It is exhausting. But, it was what I was meant to do in my daughter’s honor. So, now, I’m re-entering the arena, and ready to fight again. If I can save one person’s life, or another family from going through the hell of losing a loved one, it will all be worth it.
**This story was written by Wendy Kline and originally appeared on Love What Matters.
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