Christopher Wren vs. Affinitylifestyles.com Inc
On June 14, 2024, a Nevada jury returned the verdict in favor of the Plaintiffs in the present class action suit. The Plaintiffs had sustained severe personal injuries, including liver injuries, after consuming toxic drinking water sold by Defendant Real Water Inc.
Case Background
The Plaintiffs Christopher Noah Wren, a minor child, by and through his Guardian Ad Litem, Christopher Brian Wren, and Emely Wren, husband, and wife, brought this lawsuit against Affinitylifestyles.com d/b/a Real Water, Real Water Inc., Hannah Instruments and Milwaukee Instruments. On March 16, 2021, the Plaintiffs filed this case before the Nevada State, Clark County, Eighth Judicial District Court, Department 27 [Case number: A-21-831169]. Hon. Nancy Allf presided over this product liability case.
Cause
In August 2020, Brian Wren was rushed to the hospital. They measured ALT, an enzyme primarily found in the liver, at over 5,000 units per liter (IU/L), indicating severe liver damage. This condition necessitated immediate consideration for a liver transplant, with an estimated cost of around $812,500.00. In November 2020, Noah Wren required emergency transportation from Summerlin Children’s Hospital in Las Vegas to Primary Children’s Hospital in Salt Lake City due to liver malfunction, a condition shared by other Clark County children.
Emely Wren, around November 2020, also underwent testing that showed elevated ALT levels in the hundreds, accompanied by severe nausea and fatigue. Investigators from the Southern Nevada Health District and the Center for Disease Control interviewed Brian Wren and informed him that drinking Real Water likely caused his severe liver damage and numerous similar cases in Nevada residents.
The allegation stated that Real Water contained a toxic substance called hydrazine, which caused abrupt liver failure. Experts identified hydrazine, a chemical used in rocket fuel production, as the culprit. The affected children, aged between 7 months and 5 years, were urgently transported to a children’s hospital in 2020.
It was alleged that a Real Water employee was appointed as the lead technician, who lacked experience in food or water processing. He did not possess a county-issued health card. According to Plaintiffs, the technician also received inadequate training on the equipment used to measure water alkalinity, leading to inaccurate readings. This resulted in adding an excessive amount of concentrate, posing a safety risk.
Injuries
Due to the Defendant’s negligent acts and omissions, the Plaintiffs experienced significant medical harm. They suffered severe health issues, notably severe liver damage, directly attributable to consuming toxins present in the Defendants’ bottled water products. As a consequence of this consumption and exposure, the Plaintiffs needed continuous medical monitoring. This monitoring was necessary to assess, test, and address the disorders resulting from their ingestion of the toxins. Additionally, they suffered trauma and emotional pain.
In the last six years, users of the water experienced multiple instances of liver failure outbreaks. These included a specific incident in October 2020 linked to a fatality, numerous emergency flights for liver transplants, brain surgeries, miscarriages, and hospitalizations for dozens of individuals.
Damages
As a direct consequence of the Defendants’ conduct, the Plaintiffs were entitled to punitive damages over $15,000.00. Furthermore, due to the acts and omissions of the Defendants, the Plaintiffs incurred medical expenses exceeding $15,000.00. Therefore, the Plaintiffs sought the following relief and damages from the court: an order for medical monitoring to evaluate, test, treat, and remedy the Plaintiffs’ disorders caused by the Defendants’ conduct; compensatory damages for the Defendants’ wrongful actions, exceeding Fifteen Thousand Dollars; punitive damages over Fifteen Thousand Dollars for the Defendants’ wrongful conduct; pre-and post-judgment interest; reimbursement of all attorneys’ fees and costs; and any other relief that the Court deemed just and appropriate.
Key Arguments and Proceedings
Legal Representation
- Counsel for Plaintiffs: William Simon Kemp from Kemp Jones, LLP represented Lead Plaintiffs Christopher Brian Wren, Emely Wren, and Christopher Noah Wren.
- Counsel for Defendants: Joel D. Odou represented Defendants Affinitylifestyles.com d/b/a Real Water, Real Water Inc. Michael J. Nunez represented Defendant Hannah Instruments and Robert P. Mougin represented Milwaukee Instruments.
Claims
The Plaintiffs’ first claim, based on strict liability for failure to warn by the Real Water Defendants, asserted that the bottled water was defective and unreasonably hazardous. The Defendants failed to disclose the elevated toxin levels in their products. Secondly, they asserted that if the Plaintiffs had been adequately informed, they would have taken precautionary measures to prevent injury.
Thirdly, the Plaintiffs claimed negligence per se for selling adulterated products. They asserted that the Defendants breached their duty of care by manufacturing and distributing contaminated bottled water.. Fourth, the Defendants were accused of negligence in various aspects of their bottled water’s handling and distribution, failing to meet their duty of care to the Plaintiffs.
Lastly, the Plaintiffs alleged that the Defendants’ bottled water was unreasonably dangerous due to elevated toxin levels, rendering it unfit for its intended use. This hazard exceeded what an ordinary user would reasonably anticipate knowing the community’s common knowledge.
Defense
Defendant Real Water denied the allegations. They argued that they did not anticipate that hydrazine would be present in the water.
Jury Verdict
On June 14, 2024, the Nevada jury returned the verdict against Defendant Real Water after a two-week trial. Firstly, it awarded damages to the minor children with acute liver failure for their past and future suffering as follows:
- Christopher Noah Wren: $4,000,000 (past); $5,250,000 (future)
- Hera Carrier: $5,000,000 (past); $5,000,000 (future)
- Lyriq Williams: $6,000,000 (past); $5,000,000 (future)
- Londyn Williams: $4,000,000 (past); $5,000,000 (future)
- Sevrin Morales: $6,000,000 (past); $6,000,000 (future)
The Nevada jury agreed that all children would require future neuropsychological monitoring and treatment.
Next, the jury addressed the adult Plaintiffs with severe acute liver injuries. They were awarded damages for past and future pain and suffering as follows:
- Christopher Brian Wren: $2,000,000 (past); $2,000,000 (future)
- Emely Wren: $5,000,000 (past); $5,000,000 (future)
- Joseph Tegano: $3,000,000 (past); $4,000,000 (future)
The Nevada jury also awarded damages to Parent Plaintiffs for past and future mental anguish suffered due to their child’s injuries:
- Christopher Brian Wren: $1,000,000 (past); $1,000,000 (future)
- Emely Wren: $2,000,000 (past); $2,000,000 (future)
- Ryan Carrier: $1,000,000 (past); $1,000,000 (future)
- Arika Carrier: $2,000,000 (past); $2,000,000 (future)
- Sante Williams: $5,000,000 (past); $3,000,000 (future)
- Jorge Morales: $3,500,000 (past); $3,000,000 (future)
Additionally, the Nevada jury also found Real Water liable for punitive damages and awarded $3 billion accordingly.
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