In a stunning verdict that sent shockwaves through the bottled water industry, a Nevada jury awarded $5.2 billion to 15 plaintiffs who suffered severe liver damage after drinking Real Water, a Las Vegas-based alkaline water brand.
The case alleged that Real Water's parent company, AffinityLifestyles.com, marketed the product as the healthiest drinking water available while it actually contained dangerously high levels of toxins.
The massive punitive damages award, designed to punish the company for its negligence and deter similar conduct, is one of the largest in recent history.
The verdict is a wake-up call for the entire alkaline water industry and highlights the critical importance of rigorous testing and quality control.
Background on Real Water Litigation
Founded in Las Vegas, Nevada, Real Water made a name for itself in the competitive bottled water market by touting the supposed health benefits of its alkaline water.
Celebrity endorsements
Buoyed by slick marketing with celebrity endorsements, Real Water quickly gained a loyal following, claiming its proprietary ionization process produced water that could hydrate better, boost energy, and even fight disease.
Liver damage
However, in 2021, reports began to surface of Real Water drinkers being hospitalized with acute liver failure and other severe liver illnesses.
Government inquiry
Nevada health officials launched an investigation and found multiple cases linked to Real Water consumption. Victims ranged in age from 7 months to 70 years old.
Lawsuits soon followed, with plaintiffs alleging that manufacturers contaminated Real Water with dangerous toxins, including the industrial chemical hydrazine.
Hydrazine and Toxicity Damages
At the heart of the Real Water lawsuits was the shocking finding that the alkaline water product contained hydrazine, a highly toxic chemical compound commonly used in rocket fuel, pesticides, and plastics production.
Exposure to hydrazine is known to cause a range of health problems, most notably severe liver damage.
Manufacturing process scrutinized
The plaintiffs' attorneys presented evidence suggesting hydrazine likely leaked into the Real Water supply during the manufacturing process, perhaps due to defective equipment or improper maintenance.
Shockingly, Real Water failed to test its finished products for hydrazine, which allowed the tainted water to reach unsuspecting consumers.
Toxic effects on liver
Hydrazine toxic exposure proved devastating for many Real Water drinkers:
- Liver failure: Some developed acute liver failure, a life-threatening condition requiring emergency hospitalization
- Liver damage: Others suffered permanent liver damage and will require ongoing monitoring and treatment.
- Liver disease: A few progressed to end-stage liver disease and needed liver transplants to survive.
The physical, emotional, and financial toll on the victims and their families has been immense, putting a human face on the tragic consequences of corporate negligence.
Real-Life Stories of Liver Damage from Drinking Real Water
Among the 15 plaintiffs in the latest Real Water trial were Cynthia Watson, her husband Derek, and Arjun Patel.
Cynthia and Derek
The Watsons drank Real Water faithfully for years, believing it would improve their health and vitality.
Instead, Cynthia was struck with acute liver failure in 2021 and nearly died. She spent weeks in the hospital and months in recovery, unable to work or care for her family.
Derek also developed liver problems and struggles with fatigue and digestion issues.
Arjun Patel
Mr. Patel was just 26 when his liver failed after drinking Real Water and required an emergency liver transplant to survive.
Now, Arjun must take powerful anti-rejection drugs for the rest of his life and face an increased risk of infections, cancer, and other transplant-related complications.
Stories like these dominated the plaintiffs' case, painting a picture of lives upended by a product that was supposed to make them healthier.
Course of the Real Water Trial
The road to the historic $5 billion Real Water verdict was long and complex.
Timeline of Events
- 2021: Alleged victims file individual lawsuits against AffinityLifestyles.com following initial reports of liver illnesses linked to Real Water.
- 2021-2022: As more plaintiffs come forward and the scale of the problem becomes clear, the Nevada District Court consolidates cases.
- 2024 (multi-week trial): Plaintiffs' attorneys present their case against Real Water, including:
- Testimony from medical experts on the link between hydrazine exposure and liver failure.
- Victims and their families sharing their harrowing ordeals.
- Evidence of Real Water's missteps and failings that allowed a toxic product to reach consumers.
- 2024 (trial): Real Water's defense team attempts to cast doubt on the cause of the liver illnesses and shift blame away from the company by:
- Suggesting some plaintiffs had preexisting liver conditions.
- Arguing Real Water was unaware of the need to test for hydrazine.
- October 2024: The jury rejects Real Water's arguments and awards the plaintiffs $230 million in compensatory damages and $5 billion in punitive damages, validating the plaintiffs' suffering and condemning Real Water's misconduct.
Breakdown of the $5.2 Billion Verdict
The eye-popping $5.2 billion Real Water verdict is among the largest in U.S. history.
It consists of two main components:
- Compensatory damages: $230 million to be divided among the 15 plaintiffs to cover their medical bills, lost wages, pain and suffering, and other harm caused by Real Water.
- Punitive damages: $5 billion intended to punish Real Water for its egregious misconduct and deter other companies from engaging in similar behavior (under Nevada law, 50% of this award will go to the state's general fund).
While the compensatory damages will likely stand, the courts will most likely reduce the punitive award on appeal in compliance with the Nevada Code that caps such damages at three times the compensatory amount when compensatory damages exceed $100,000.
Real Water's Bankruptcy and Potential Payout
AffinityLifestyles.com sought Chapter 7 bankruptcy protection in 2021, just months after victims filed the first Real Water lawsuits.
The move temporarily halted the litigation against the company and raised questions about whether victims could collect on future judgments.
However, attorneys for the plaintiffs are optimistic they will be able to recover substantial sums, either from Real Water's insurance carriers or by pursuing the personal assets of the company's executives.
What Consumers Should Look for in Bottled Water
The Real Water disaster is a sobering reminder for consumers that not all bottled water is created equal.
Just because a product claims to be healthy or has celebrity backing doesn't mean it's safe.
When choosing bottled water, experts recommend that you:
- Stick with established, reputable brands with a long safety and quality track record.
- Look for products certified by independent organizations like NSF International or the International Bottled Water Association.
- Check the label for information on the water source, treatment methods, and mineral content.
- Be wary of vague or over-the-top health claims, which can be a red flag for questionable products.
Finally, while tap water is the most affordable option for many, it's not always the safest choice, as evidenced by the ongoing class action lawsuits over PFAS contamination in drinking water supplies.
Always stay informed about your local water quality, and consider using certified filters or alternative sources if you have concerns.
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