“The big question in this case was, how did hydrazine get in the water?” Odou said. Given that it’s still not understood, it’s inappropriate to award punitive damages against the company, he said.
The family who owned the business had total faith in the water and drank it themselves, Odou said. They tested their product regularly. And another plaintiffs’ expert will likely acknowledge that hydrazine is not something most water companies test for, Odou said.
In February, a Las Vegas jury awarded more than $129 million to another group of five people who developed liver failure after drinking the water, $100 million of it in punitive damages.
The earlier jury deliberated for about half a day before awarding over $29 million in compensatory damages. A plaintiff who received a liver transplant, Myles Hunwardsen, was awarded the most in compensatory damages, including $14 million for loss of life expectancy.
That jury then heard a short second trial phase and quickly awarded $100 million more in punitive damages.
