Las Vegas — A jury has ordered a bottled water company, known for a product that caused a severe health crisis in Southern Nevada, to pay over $3 billion in damages. The decision on Friday marked another significant financial judgment against Real Water, which faces numerous lawsuits following an outbreak of liver failure and at least one fatality related to its product.
Last week’s judgment follows a history of heavy penalties against the company, including verdicts of $5 billion and $3 billion earlier this year. Real Water, operated by Affinitylifestyles.com, promoted its bottled water as the “healthiest drinking water available,” despite it containing a toxic chemical typically found in rocket fuel.
Real Water has been found responsible for the injuries sustained by clients, as judges told jurors, leaving the sole focus on determining the appropriate compensation for the 13 victims represented in this case.
The legal team for the plaintiffs argued that Real Water showed negligence and disregard for consumer health. This argument was notably bolstered by lawyer Theodore Parker, as he brought to light the gravity of the company’s disregard in court.
Deliberation stemmed from almost three weeks of testimony, culminating in Thursday’s closing arguments. By Friday morning, after roughly two hours of jury deliberation, they awarded more than $70 million in compensatory and future damages. Jurors then rapidly agreed upon the punitive damages, echoing the figure sought by lawyer Robert Eglet during a mere ten minutes of further deliberation.
Eglet strongly advocated for a substantial punitive judgment, suggesting that leniency would signal laxity in community and industry standards. He highlighted the potential of the jury’s decision to prevent further negligence.
On the defense side, attorney Bradley Johnson pointed out that the damages did not involve fatalities or liver transplants among the plaintiffs. However, this was small consolation to victims like Lisa King, 52, an affected consumer who reportedly faces a prognosis of decreasing mobility due to severe liver damage and related health issues. Her individual compensatory damages are accounted at $54 million, inclusive of settlements previously acknowledged by Real Water.
Adding to the company’s challenges, it has ceased operations and filed for bankruptcy, complicating the plaintiffs’ process of claiming their awarded damages. Lawyer Will Kemp, representing the majority of the plaintiffs, indicated that the burden of payment might fall on the company’s insurers, expected to challenge the payout. Kemp also noted that due to the company’s insurance not settling before trial, the insurers might also bear responsibility for attorneys’ fees, which benefits the plaintiff’s ultimate compensation of $140 million.
Before court adjournment, Kemp shared that before the trial, the settlement offer was approximately $7 million for all 13 plaintiffs, a sum vastly overshadowed by the jury’s award.
Reflecting on their decision, juror Susan Garcia remarked on the jury’s aim to be fair and emphasized that the punitive damages should serve as a strong deterrent against future misconduct in the industry.
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