LAS VEGAS, Nev. (FOX5) – FOX5 obtained a wrongful death lawsuit filed after a man died by reportedly drinking Real Water.

Previously, a Clark County jury awarded more than $5 billion for victims who got sick from drinking the brand.

The lawsuit was filed Friday, Feb. 28 after Milo Hurst suffered severe liver failure and died. It says he purchased the water as the label read it’s the “healthiest drinking water available.”

The Southern Nevada Health District, CDC and FDA investigated the brand’s contamination. It revealed an outbreak resulted from equipment defects and failures in monitoring potassium levels in each bottle.

Officials said the worst outbreak was from batches made in October 2020. It was labeled the “Superbad outbreak” that resulted in cases of liver failure, one death, an emergency brain surgery, miscarriages, and dozens of hospitalizations.

Many customers cancelled subscriptions following the outbreak.

The lawsuit accuses Real Water of negligence, break of implied warranty, wrongful death and liability in its failure to warn consumers about the risks of drinking.

Hurst was the owner of Milo’s Cellar in Boulder City. It closed shortly after he died.

A hearing has yet to be scheduled according to district court records.

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