Real Water Lawsuit: The Fight for Safe Drinking Water Continues

by | Mar 14, 2024 | Product Liability | 0 comments

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Water is the essence of life, a fundamental element that constitutes 50–75% of the human body and plays a pivotal role in survival.

This invaluable resource not only forms the basis of blood, digestive fluids, urine, and sweat but also facilitates critical biological processes, including nutrient transportation and waste elimination.

We can go weeks without food, but only a few days without water.

But what should you do if water is contaminated and causes severe injuries?

Recent investigations by the U.S. Food and Drug Administration, along with complaints from people in several states, have highlighted a problem with contaminated bottled water by a popular brand.

This has led to Real Water lawsuits across the country, as people seek answers and action for the harm they’ve suffered. This situation raises important questions about how we ensure the water we drink is safe.

The Real Water Company

Who owns Real Water? Real Water, a brand renowned for its claim of being the healthiest drinking water available, is owned by Affinity Lifestyles.com, Inc. This company, based in Las Vegas, Nevada, was founded in 1998 and is led by Brent Jones, a former Republican member of the Nevada state assembly.

Real Water claimed to stand out in the market by being “infused with negative ions.”

However, the brand has faced significant challenges. It has been the focus of numerous lawsuits due to its contaminated water, which was available for sale not only on Amazon.com but also in several states, including Nevada, Arizona, California, Tennessee, New York, and New Mexico.

Real Water lawsuits started in March 2021. Marketed as a premium water option that promotes better health through its alkaline properties, the company faced severe backlash and lawsuits when its product was linked to multiple cases of liver damage.

Health Issues Related to Contaminated Bottled Water

The connection between Real Water’s alkaline water and a series of severe health incidents has raised public health concerns.

Investigations have revealed that the product may be linked to 23 hospital admissions and even one fatality. The majority of these events took place in Nevada, with an additional three cases reported in California.

The Southern Nevada Health District (SNHD) reportedly connected multiple incidences of non-viral hepatitis to Real Water. Non-viral hepatitis is an inflammatory condition of the liver that can result in cirrhosis, liver cancer, liver failure, and even death.

In collaboration with the U.S. Food and Drug Administration and state health agencies, the SNHD is conducting an in-depth investigation into reports of acute non-viral hepatitis in Clark County. Initially, in November 2020, the district was alerted to five cases of acute non-viral hepatitis among children.

Six individuals have reported less severe symptoms such as nausea, vomiting, exhaustion, and loss of appetite. There are three adults and three children among these patients.

According to the health district’s findings, the consumption of Real Water’s alkaline water is the only common factor identified among all reported cases, underscoring the health risks associated with the product.

Real Water Recall

After an investigation by the Southern Nevada Health District and the FDA, Real Water was recalled in March 2021. This action was taken due to a connection between the brand’s alkaline water and several cases of non-viral hepatitis identified around November 2020 in Las Vegas. Following the discovery, Real Water agreed to stop its operations to align with federal safety standards.

By June 1, 2021, Real Water Inc. committed to stopping its production until it could comply with the FDA’s safety regulations, as outlined in a consent decree. Before the recall, the product was linked to at least 21 cases of illness and one death across Nevada and California.

Further investigation by federal health authorities in October 2023 identified additional cases of non-viral hepatitis potentially connected to Real Water. Although the specific contaminant wasn’t pinpointed, an epidemiological study confirmed a link between the consumption of Real Water’s alkaline product and acute non-viral hepatitis.

The recall affects a range of Real Water products, including 1.5-liter, 1-liter, 500-ml, and 1-gallon ready-to-drink bottles. These products were distributed across the United States through UNFI and KEHE to retailers and directly to stores in areas around Las Vegas, Nevada, Northern Arizona, Southern California, Tennessee, Georgia, Chicago, New York, Mississippi, and New Mexico, as well as on Amazon.com.

Additionally, 5-gallon bottles delivered directly to homes and offices in certain regions of California, Phoenix, AZ, and Las Vegas, NV, and the 4 oz Real Water Concentrate sold on the company’s website is also included in the recall.

The First Real Water Lawsuit

The first lawsuit against Real Water Inc. was filed by a family from Las Vegas, Nevada. According to the news outlet 8 News Now, Emely and Christopher Brian Wren, the parents of a 2-year-old boy, took legal action after falling ill from drinking Real Water alkaline.

In August 2020, Christopher Wren ended up in the hospital in Las Vegas with dangerously high liver enzyme levels, indicating liver damage. His ALT enzyme level was measured at over 5,000, putting him in need of a possible liver transplant.

Their son was also hospitalized in November 2020 with severe liver problems and was airlifted to the Primary Children’s Hospital in Salt Lake City, Utah. He stayed in the hospital for several days. Emely Wren experienced less severe symptoms of liver damage, such as fatigue and extreme nausea.

The lawsuit, filed on March 16, 2021, is against AffinityLifestyles.com Inc., doing business as Real Water Inc., in the District Court for Clark County, Nevada.

Issues Related to Real water

Real Water has faced significant scrutiny due to a series of severe health issues reported by consumers. Among the most alarming cases is that of the Carriers, a family whose children suffered health issues after consuming Real Water.

One child was hospitalized with liver failure, avoiding the need for a liver transplant. Another child lost his mental clarity. This incident is not the only one; health authorities have identified five children with similar health problems, all of which have been linked to the consumption of Real Water.

Following these incidents, Real Water initiated a nationwide recall of its alkaline water product. The situation was further complicated by revelations from a former employee during a deposition, suggesting that the water’s production process might have been flawed, particularly in how a concentrate was mixed into the water.

The FDA is investigating, highlighting concerns over bottled water regulations. Meanwhile, the Carriers’ filed a lawsuit against Real Water, and the company denies the allegations against it.

A Joint Complaint against Real Water

In March 2021, a lawsuit was initiated in Nevada when five individuals filed a joint complaint against Affinity Lifestyles.com Inc., the company behind Real Water, and several of its retailers, including Terrible Herbst, Costco Wholesale, and Whole Foods Market.

The plaintiff claimed they suffered serious health issues after consuming Real Water, leading to a series of distressing medical outcomes.

One of the plaintiffs, Miriam Brody, was treated for liver failure at Henderson Hospital, a condition that followed her consumption of Real Water.

Another case involved Myles Hunwardsen, who experienced acute liver failure in September 2019 after consuming Real Water and subsequently underwent a liver transplant at UCLA following initial treatment in Henderson, Nevada.

Three other plaintiffs, Jazmin Schaffer, Tina Hartshorn, and Christina Sosa, incurred medical bills, with expenses reaching at least $300,000, as they received treatment across various hospitals.

Real Water Settlement Update – February 2024

In February 2024, a Nevada jury awarded nearly $130 million in damages to the plaintiffs for the liver disease they suffered prior to the 2021 recall of Real Water.

The jury in the Clark County District Court recognized the severity of the plaintiffs’ health issues, awarding more than $30 million in compensatory damages and $100 million in punitive damages, with Myles Hunwardsen, who had to undergo a liver transplant, being among the plaintiffs.

This marked the second large-sum award in a case against AffinityLifestyles.com Inc. and its Real Water brand. Marketed as a premium “alkalized” drinking water with supposed detoxifying benefits, Real Water was sold in eye-catching boxy blue bottles.

The case involved serious allegations of negligence and product liability, raising questions about bottled water brands.

Several additional negligence and product liability lawsuits are pending against the company, with one set to commence in May 2024. This case involves six children, aged 7 months to 11 years old at the time, who were diagnosed with liver damage.

Other companies involved in the case, such as Whole Foods Market and Costco Wholesale, along with testing meter companies Hanna Instruments and Milwaukee Instruments, settled confidentially before the trial. Terrible Herbst, a convenience store chain, settled during the trial.

The Real Water Wrongful Death Lawsuit

In May 2021, the first wrongful death case was filed against real water. A 69-year-old Nevada woman’s death was linked to an outbreak of liver failure and pneumonia tied to the bottled water company Real Water.

Kathleen Ryerson, an avid Real Water drinker, died from aspirated pneumonia and liver failure. According to her attorneys, her death was attributed to the consistent intake of the local bottled water brand.

This incident is part of a lawsuit filed by a law firm, revealing liver disease outbreaks over a span of six years, all allegedly connected to Real Water consumption.

Ryerson’s daily consumption of Real Water before its removal from store shelves is the main focus of the lawsuit, which represents a total of 11 plaintiffs.

Among these cases is a 7-month-old boy who was hospitalized with severe liver failure. The plaintiffs have argued that the company’s defective testing meters, which failed to detect hazardous substances, were a contributing factor to the contamination.

In October 2023, a jury was awarded the plaintiffs more than $228 million in damages recognizing the severe health implications and the loss of life attributed to Real Water’s product. Real Water and two others were found liable for $28.5 million in compensatory damages, with Real Water ordered to pay an additional $200 million in punitive damages.

The estate of Kathleen Ryerson and her heirs were awarded $7.5 million, due to the company’s negligence. Similarly, the young boy affected by the contaminated water and his family were awarded $7 million in compensatory damages, highlighting the severe impact on their lives.

The Real Water lawsuit also named Hanna Instruments and Milwaukee Instruments as defendants. However, these companies were not found liable for punitive damages, focusing the accountability on Real Water and two other entities.

The Real Water Hydrazine Controversy

During the trial, jurors learned that tests revealed Real Water contained hydrazine, which is used in rocket fuel and is potentially harmful to health. Joel Odou, representing Real Water, argued that the company was unaware of hydrazine’s presence in its water and did not intentionally put it there.

The water came from the public supply in the Las Vegas area, regularly tested for various contaminants, but hydrazine was not included in the testing. The company sold Real Water for eight years in several states, including California, Nevada, Arizona, and Utah, and marketed it through social media and online sales.

Hydrazine exposure is associated with numerous health risks. Ingestion of the substance can lead to severe health issues, including liver failure.

Additionally, inhalation of hydrazine vapors is linked to liver problems and can cause acute burns to the nose, eyes, and respiratory system. Hydrazine can function as a neurotoxic if it is absorbed through the skin.

Eligibility to File a Real Water Lawsuit

If you or a loved one have been diagnosed with side effects following the consumption of real water, you may be eligible to file a Real Water lawsuit.

Can I sue a water company? Of course. You can. To file a lawsuit, the plaintiff must show that they have purchased or consumed the product within a specific timeframe.

There’s a need to establish a direct link between the consumption of the product and the health issues or adverse effects suffered. This often requires medical records, expert testimony, and other forms of evidence that can connect the product to the side effects reported.

To establish causation and navigate legal requirements, it’s highly advisable to seek the guidance of a legal professional. They can provide tailored advice and assess the strength of a claim based on the unique aspects of each individual’s circumstances.

To wrap up,

Many people buy bottled water thinking it’s healthier, but the problems with Real Water show it’s important to be careful. Not all bottled water is safe just because it’s in a bottle. We need to check where it comes from and if it’s really safe to drink. The Real Water lawsuit highlights that we need to ask questions and make sure that the bottled water we drink is truly good for our health.

Drink safe and live safe!

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MedLegal360 is a specialized author in medical-legal matters, providing clear, authoritative insights on healthcare legislation and personal injury litigation for professionals and the curious.

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