Kratom Wrongful Death Lawsuits
Kratom Injury and Wrongful Death Lawsuits
The attorneys at mctlaw represent families in wrongful death and severe injury lawsuits against kratom manufacturers, suppliers, distributors and vendors. Kratom is sold online and in stores across most of the country.
Kratom is a plant-based ingredient found in powder, tea, and capsules. It is marketed and sold as a “miracle” solution for many illnesses. In reality, kratom is a dangerous substance that acts like an opioid painkiller and can cause addiction, organ failure, psychosis, and death.
In 2023, scientific research confirmed that kratom is 63 times more deadly than other natural products (Li X, 2023). Kratom has been linked to thousands of deaths across the country (Tampa Bay Times Investigation, Dec 7, 2023)
FDA Warnings About Kratom
The FDA has warned consumers and customs officials that kratom is not approved for human consumption. It is considered “adulterated” under federal law because the industry has failed to properly verify that kratom is safe for human consumption before distributing it in the U.S. marketplace.
To help protect consumers, the U.S. Food & Drug Administration issued warning letters jointly with the Federal Trade Commission about the dangers of Kratom to four companies on June 30, 2022. The companies were selling unapproved Kratom products and kratom essential oils to treat or cure opioid use disorders and withdrawal symptoms.
The list of companies that received warning letters includes: Herbsens Botanicals, Klarity Kratom, Kratom Exchange, Omni Consumer Products LLC d/b/a YoKratom, MONQ, LLC
Holding the Kratom Industry Accountable
Our firm is on the frontlines of kratom wrongful death lawsuits with complaints filed in Georgia, Texas, Pennsylvania, Florida, Oregon, Washington, and more pending. We have won millions of dollars against kratom companies for our client in jury trials and judgments.
If you have been impacted by a severe injury or death related to kratom we would like to offer you a free case review.
What We Need for a Kratom Wrongful Death Case Evaluation
For a no obligation and no pressure attorney case review involving a severe injury or death related to kratom we need the following documents:
For Kratom Wrongful Death Evaluation
- Brand of kratom product used
- Autopsy report
- Toxicology report
- Death certificate
For Kratom Severe Injury Evaluation
- Brand of kratom product used
- Photos of the product labeling
- Where it was purchased
- Reasons for using
Kratom Death and Injury Case Evaluation
Contact us for an attorney case review. There is no cost or obligation to evaluate your kratom wrongful death or injury case.
Millions Won by mctlaw Attorneys in Kratom Lawsuits
Mctlaw attorneys have successfully litigated kratom wrongful death cases in multiple jurisdictions and states.
$2.5 Million jury verdict won on behalf of a 39-year old Patrick Coyne in Washington state
- Patrick Coyne was found dead in his recliner after drinking kratom supplied by Society Botanicals.
- The jury found owner Wendianne Rook and her company Society Botanicals liable on all 4 counts against them.
- This is the first kratom wrongful death jury verdict in the country.
- This was the first kratom wrongful death case filed in Washington state.
- Our attorneys won the first negligence ruling against a kratom manufacturer or distributor in the United States. A Cowlitz County, WA judge found Society Botanicals negligent due to “inadequate warnings and instructions” on the packaging of their kratom product.
$11 Million dollar judgment on behalf of a 39-year old mother of four
- Krystal Talavera suffered from a fatal overdose on Father’s Day 2021.
- She collapsed on the kitchen floor with her infant son nearby.
- A Florida judge issued a default judgment of $11 million against Sean Michael Harder, owner and operator of The Kratom Distro.
- Sean Harder pleaded the 5th Amendment in the discovery phase of litigation, meaning he did not want to incriminate himself by testifying or participating in the lawsuit.
Frequently asked questions about Kratom
What is Kratom?
Kratom, or Mitragyna speciosa, is a plant native to Southeast Asia used to create a tea or powder for consumption. In small doses, kratom can have a stimulant effect, but in large doses it acts as a sedative. Users often take kratom recreationally or use it to try and alleviate symptoms of opiate withdrawal.
What are the Side Effects of Kratom?
Side effects of kratom can include:
- Death
- Tachycardia
- Seizures
- Hallucination
Is Kratom an Opioid?
The Food and Drug Administration has said that kratom “isn’t just a plant – it’s an opioid” in a news release from February 2018. The FDA research shows that the chemical structure of kratom binds to opioid receptors in the brain, indicating evidence of kratom’s opioid properties.
How Can You Help Me if I’ve Been Hurt by Kratom?
We have filed numerous wrongful death lawsuits for surviving family members of those killed by kratom in states across the country. We can offer a free case review if your loved one has been injured or died from a kratom overdose.
Can You Overdose on Kratom?
Yes. It is extremely possible to overdose on kratom. The chemical substances in kratom can act as a sedative and cause seizures, heart failure, lung hemorrhaging, respiratory failure. The FDA reports dozens of deaths across the country that are directly related to kratom use. Our attorneys currently represent families in kratom wrongful death lawsuits against manufacturers and distributors.
Is Kratom Addictive?
Kratom is known to be addictive, and many users often struggle to stop using kratom. Symptoms of kratom withdrawal can be similar to opiate withdrawal.
Can Kratom Kill You?
Kratom has been linked to an increasing number of deaths in the United States. In Florida alone, kratom has been linked to nearly 600 overdoes deaths, including dozens of deaths involving only kratom. And the numbers are rising. Our attorneys represent families across the country in kratom wrongful death lawsuits
Can You Sue a Kratom Manufacturer?
You can and we have. Our attorneys have filed kratom wrongful death lawsuits against kratom manufacturers and distributors in states across the country.
National Media Attention for mctlaw in Kratom Lawsuits
The kratom lawyers at mctlaw are considered subject experts by national media in kratom litigation. Below is a list of news articles quoting our attorneys and detailing our lawsuits and successful jury verdict and decisions.
- Bloomberg Originals Documentary: The Growing Toll of America’s Booming Kratom Industry
- The Times of London: Man sues after wife dies from drinking ‘harmless’ kratom herbal tea
- CBS News: Dustin Hernandez Died from a Violent Seizure Blamed on Kratom
- Natural Products Insider: Kratom Wrongful Death Lawsuits Expand wth lawsuits expands with Jordan McKibban filing
- Courthouse News: Kratom industry introduces legislation in Congress amid rise in overdose deaths
- Bloomberg News: New, Non-Alcoholic Bars Offer an Addictive Alternative
- NBC News: $11 million awarded to family of woman who died after taking kratom, an opioid-like herb
- Miami Herald: Mom of 4 died after using kratom in Florida, lawsuit says. Company owes family $11M
- Courthouse News: The Law and the Profits Inside Kratom’s Political Underbelly
- NPR: Herbal supplement kratom targeted by lawsuits after a string of deaths
- Sun-Sentinel: Family Sues Over Boynton Beach Woman’s Kratom Related Death
- Palm Beach Post: Family Sues Over Florida Nurse’s Fatal Overdose on Diet Supplement Kratom
- Miami Herald: Dad collapsed at dinner table before dying. Family’s lawsuit blames supplement Kratom
- Ellis County Press: Family of Ennis Man File Wrongful Wrongful Death Lawsuit After Kratom Overdose
- NPR: The Readily Available Herbal Supplement Kratom is Facing Wrongful Death Lawsuits
- Apple Valley News Now: First Wrongful Death Case Involving Kratom Comes to 2.5 Million jury Verdict
- KIRO 7 Seattle: Washington Woman Suing Claiming Husband Died Taking Herb Called Kratom
- Law.com: Kratom-The Next Wave of Opioid Litigation?
- Law360: Wash. Jury Awards $2.5M To Family In Kratom Death Suit
Learn More About Kratom Lawsuits
Our Kratom Legal Team
Kratom Lawsuit News
Our Qualifications to Represent You in a Kratom Lawsuit
We Are Nationally Recognized Trial Attorneys
Our attorneys represent people across the entire United States. We are a product liability law firm with decades of experience in Federal and State courts all over the country. We have the reputation of aggressively and successfully representing our clients against huge corporations during negotiations and jury trials.
We Represent People with Medically Complex Issues Every Day
Product liability lawsuits are NOT simple personal injury cases. Your attorney must have an understanding of complex medical issues. The product liability team at mctlaw helps clients every day with rare and complicated medical diagnoses, side effects, and reactions. We thoroughly review clients’ medical records to find evidence to support their claims.
What is Kratom?
Kratom, also known as Mitragyna speciosa, is made from tree leaves containing dozens of psychoactive compounds, including addictive alkaloids that work on the opiate receptors of the brain. It is typically found in stores as pill capsules filled with powder, as a powder used for tea, or as powerful extract shots..
Kratom is NOT approved to treat ANY type of medical condition in the United States. In 2012 and 2014 the FDA listed kratom as an unapproved drug and issued an import alert in an effort to keep it out of the country. Individuals who import and sell kratom for medicaql use have been prosecuted.
“Despite our warnings that no kratom product is safe, we continue to find companies selling kratom and doing so with deceptive medical claims for which there’s no reliable scientific proof to support their use,” said former FDA Commissioner Scott Gottlieb, M.D.
Businesses and distributors in the United States are selling Kratom with illegal claims that it can cure addictions, treat pain, and alleviate depression and anxiety. Some manufacturers have also falsely tied in kratom with improving immunity to and fighting off Covid-19.
Is Kratom Legal in the United States?
Kratom remains an adulterated ingredient under United States law. As a result, it is not legal for kratom sellers to import or distribute kratom for human consumption.
However, it is not illegal for consumers to buy, sell or possess kratom under federal law. A growing number of states have made kratom illegal under state law, including: Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin.
In other states, kratom is legal but may be regulated or outlawed by individual counties or cities such as Washington, D.C, Denver, CO, Sarasota, FL, and San Diego, CA
Attempts at Regulating Kratom
In 2016 the Drug Enforcement Administration (DEA) tried to classify kratom as a schedule 1 drug, similar to heroin, ecstasy, and LSD.
However, lobbyist groups like the American Kratom Association have successfully kept kratom off the DEA drug list, claiming that it is safe and natural.
Kratom Manufacturing – No Oversight
Because kratom is not lawfully sold in the United States, it bypasses the safety practices that supplements and other ingredients go through. As a result, consumers have no protection from bad manufacturing practices. While “clean” kratom can be deadly by itself, poor manufacturing processes can increase the risk of injury for consumers.
Between February and May of 2018, the FDA linked a large salmonella outbreak directly to various kratom brands. It poisoned 199 people in 41 states across the country and led to hospitalizations for 38% of those people.
In lab testing, the FDA discovered kratom products showed highly toxic levels of heavy metals, including lead and nickel. Metal exposure can cause damage to the nervous system, kidney failure, and even cancer.
Research in the journal Pharmacotherapy found that kratom users experienced serious side effects, including seizures, tachycardia, coma, heart attacks, and death.
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Content Reviewed by Michael Cowgill – Product Liability Lawyer
Michael Cowgill is an experienced attorney in the product liability division at mctlaw. Michael focuses his practice on defective medical devices such as recalled metal-on-metal hips and wrongful death lawsuits involving Kratom. Mr. Cowgill graduated Magna Cum Laude from Lewis & Clark Law School in Portland, OR. He volunteers as a high school mentor with a program for underprivileged youths interested in pursuing a future legal career.
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Sources:
- Li X, Ndungu P, Taneja SB, Chapin MR, Egbert SB, Akenapalli K, Paine MF, Kane-Gill SL, Boyce RD. An evaluation of adverse drug reactions and outcomes attributed to kratom in the US Food and Drug Administration Adverse Event Reporting System from January 2004 through September 2021. Clin Transl Sci. 2023 Jun;16(6):1002-1011. doi: 10.1111/cts.13505. Epub 2023 Mar 20. PMID: 36861661; PMCID: PMC10264943.
- See Deadly Dose, Part 1: Hundreds Died Using Kratom in Florida. It Was Touted As Safe, Tampa Bay Times (December 7, 2023) (https://project.tampabay.com/investigations/deadly-dose/kratom-industry/)
- https://accpjournals.onlinelibrary.wiley.com/doi/abs/10.1002/phar.2280
- https://www.fda.gov/news-events/press-announcements/statement-fda-commissioner-scott-gottlieb-md-fda-advisory-about-deadly-risks-associated-kratom
- https://www.cdc.gov/mmwr/volumes/68/wr/mm6814a2.htm?s_cid=mm6814a2_w
- https://www.fda.gov/news-events/press-announcements/fda-warns-companies-selling-illegal-unapproved-kratom-products-marketed-opioid-cessation-pain
- https://www.fda.gov/media/111148/download
- https://www.fda.gov/news-events/public-health-focus/laboratory-analysis-kratom-products-heavy-metals
- https://www.fda.gov/news-events/public-health-focus/fda-and-kratom
- https://www.fda.gov/news-events/press-announcements/fda-issues-warnings-companies-selling-illegal-unapproved-kratom-drug-products-marketed-opioid
- https://www.accessdata.fda.gov/cms_ia/importalert_190.html
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9616552/
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Pat R.
I can’t recommend this firm enough. They have an outstanding team that truly care for their clients…I have been awarded a fair six figure settlement.
Nate M.
When I say “they went to bat” for me…this Law Firm literally did just that. They persevered to bring the hard-nosed Manufacturer to settle and provide me some recompense for everything I had to endure which led to this suit.
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