https://www.newsweek.com/real-water-recalled-bottled-water-blamed-death-nevada-lawsuit-2042537

Why It Matters

Numerous lawsuits have been filed against the company in the years since it was recalled, with the product still being offered at some retail stores despite the recall being classified as a Class 1, the most serious of FDA recalls in which there is risk of serious health impacts or death.

One of the lawsuits against the company resulted in a $3 billion court ruling. Five children and three adults sued Real Water, a Nevada-based water company, alleging that the company's alkaline water contained a toxic chemical known as hydrazine that ultimately led to liver damage for all plaintiffs.

The children's ages range from 7 months to 5 years and, according to the plaintiffs' lead attorney Will Kemp, they had to be flown to a children's hospital in Salt Lake City, Utah, in the fall of 2020 for potential liver transplants that never came to fruition, the media previously reported.

What to Know

On February 28, Kemp filed another lawsuit against affinitylawsuits.com, on behalf of the estate of Milo Hurst, a 71-year-old man who died from "serious and catastrophic personal injuries, including severe liver injuries" on November 22, 2024.

Hurst was the founder of Milo's Cellar, a wine bar and restaurant in Boulder City, Nevada. The restaurant closed after Hurst's death.

The lawsuit argues that if Hurst had been aware of the toxic chemical present in the water, he would not have purchased it. Last summer, Hurst read an article about the recalled water and connected it to his symptoms, the lawsuit said.

While it was being sold, Real Water alleged it was "the healthiest drinking water available today," according to the lawsuit.

In the years since Real Water was recalled, the product has been found available for purchase at various outlets. During the summer of 2024, the media was able to order the water and have it delivered from a website for South Carolina-based Caliber Grocers.

In September 2024, investigating media discovered the brand was sold at Robert Burns Wines in Beverly Hills, California. At the time, Real Alkalized Water in the 1-liter size was listed for $2.50 on the wine store's website.

Consumption of the water has resulted in "one death, one emergency brain surgery, miscarriages, multiple Flights for Life to several out-of-state liver transplant medical centers, multiple aborted liver transplant initiations and hospitalizations of over four dozen victims in intensive care units," the lawsuit said.

Hurst's cause of death was identified as end-stage liver disease.

What People Are Saying

New lawsuit filed against Real Water:

"As a result of consuming toxic Real Water, (Hurst) suffered catastrophic personal injuries, including severe liver injuries and death."

Milo's Cellar in a post on Facebook a day after Hurst's death:

"It is with sadness today that we share that our founder and namesake Milo Hurst passed away peacefully yesterday at 2 p.m. surrounded by a few friends and family. He was an icon in Boulder City and his vision, humor and dedication will be missed. Please join us today and raise a glass of cheers for our friend Milo!"

What Happens Next

The lawsuit asks for compensatory and punitive damages, as well as pre- and post-judgment interest, all attorney fees and costs and any other relief deemed appropriate by the court.

The lawsuit also demands a jury trial.

Discussion Questions

1. What is a product recall?

A product recall is a request from a manufacturer to return a product after the discovery of safety issues or product defects that might endanger the consumer and put the manufacturer and/or seller at risk of legal action.

2. Does a product recall absolve a defendant manufacturer and/or retailer from liability? Why or why not?

Generally, a product recall does not absolve a defendant manufacturer from liability. If the manufacturer has introduced into the stream of commerce a defective product, the manufacturer will typically be required to pay for any resulting injuries and damages.

A retailer may avoid liability if the retailer can establish that it exercised due care in terms of pulling the product from the shelves soon (ideally, immediately) after being notified of the recall and notifying customers of the potential harmful effects of the product. This legal “escape” from liability is based on the notion that the retailer did not create the defect.

3. In terms of the subject lawsuit, what are compensatory damages, punitive damages, pre-judgment interest, and post-judgement interest?

Compensatory damages are money awarded to a plaintiff that compensate for damages, injury, or another loss incurred by the plaintiff. Compensatory damages are awarded in civil court cases when loss has occurred because of the negligence or unlawful conduct of the defendant. Examples of compensatory damages include medical and hospital bills; lost income; and property replacement or repair.

Punitive damages are designed to punish the defendant for egregious (intentional, extremely reckless, or grossly negligent) wrongdoing that “shocks the conscience” of the court. They are intended to deter the defendant and other parties from committing similar bad acts in the future.

Pre-judgment interest is the compensation awarded to the plaintiff by a court for the time value of money owed to the plaintiff before the final judgment or decision was made. It accrues on the amount of a judgment or legal award from a prior date in time, such as the date of the loss or the date the claim accrued, up to the date on which final judgment is entered.

Post-judgment interest is interest on a court judgment that the plaintiff can collect from the defendant from the time the judgment is entered in the court clerk’s record until the judgment is paid.