As he said, he died with it up.
Some deaths in PVE are resulting in PVP death penalties. (respawn out of mana, harm touch on cooldown, etc). I've tried, I'm not having trouble replicating this in PVE, but I am having trouble getting it to occur consistently. But it seems to happen about half the time, and I can't tie this to any specific means of death or obvious variable.
There was a change made to harm touch to allow it to be refreshed on a PVE death in the patch. So this bug is tied to certain deaths being considered by the game as a PVP death, and it is occuring when dying to NPCs.
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