Suing for Kratom Overdose

Kratom is an extract from the leaves of a plant, mitragyna speciosa, that is native to Southeast Asia. In recent years, kratom has become quite popular in the United States as a dietary supplement. Kratom has several psychoactive compounds and acts as a stimulant at low doses and a sedative agent at higher doses. Its distributors ascribe many extraordinary health benefits to the plant: curing opioid addiction, easing withdrawal from opioids, and alleviating depression and anxiety. The limited studies on kratom's physiologic effects indicate that it may provide analgesia and improvements in mood, but it can also cause addiction, dependence, and death.

Regulation of Kratom in the United States

Due to the paucity of research on kratom's physiologic effects, The FDA has discouraged the sale and consumption of kratom. It has also stated that it is illegal to market kratom as a dietary supplement. Due to concerns regarding kratom's adverse health effects, import of kratom into the United States for medical purposes has been banned. Nonetheless, it is legal to buy kratom as a botanical extract. A burgeoning industry of kratom growers and distributors has emerged in the last 15 years that generates billions of dollars in revenue yearly. The FDA estimates that there are now over 5 million people who regularly consume kratom products in the United States. The FDA has initiated a few enforcement actions against kratom manufacturers who were marketing kratom products to treat opioid use disorders and withdrawal symptoms. However, the FDA has thus far failed to enforce its ban against kratom manufacturers who market their products as extracts rather than supplements (though all of these products are in fact designed to be consumed like drugs).

A Tide of Kratom related Overdoses and Deaths

A 2019 report from the American Association of Poison Control Centers (AAPCC) noted that there was a 52-fold increase in kratom use, based on reports of intoxication, between the years 2011 to 2017. As kratom use has increased, many consumers have paid the ultimate price. Over 18 months in 2016 and 2017, 152 overdose deaths involving kratom were reported in the United States, with kratom as the primary overdose agent in 91 of the deaths.

Wrongful Death Litigation Against Kratom Manufacturers

There have been an increasing number of wrongful death cases filed against kratom manufacturers in recent years as kratom overdose deaths have risen. These cases tend to assert claims that the relevant manufacturers and retailers are negligent in how they market their products, and/or are strictly liable for failure to warn consumers of their dangers.

• In 2022, the Estate of Krystal Talavera won a judgment of $11,000,000 against Sean Michael Harder, owner and operator of the Kratom Distro after Krystal died from a kratom overdose on Father's Day 2021.

• In August 2023, a Seattle jury awarded $2.5 million to a Castle Rock family in a wrongful death lawsuit after a man with back pain died after ingesting kratom.

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If you or a family member have been injured by the use of kratom products, contact John Clarke at (954) 556-8952 for a free consultation!