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Personal Injury & Vaccine Injury Lawyers > Blog > Wrongful Death > Parents File Wrongful Death After Son OD’s On Kratom

Parents File Wrongful Death After Son OD’s On Kratom


The parents of a 23-year-old Atlanta man have filed a lawsuit against the manufacturer of kratom, an intoxicating substance that you can find in some head shops and even gas stations. The substance is used by those who are attempting to fight opioid addiction, at least that is the pretense for making it available to the public. However, it also is addictive and potentially fatal in high enough doses.

The young man was found dead on his kitchen floor after overdosing on kratom. An ME ruled the cause of death was mitragynine poisoning, the active ingredient in kratom. No alcohol or other drugs were found in his system making this the perfect bellwether lawsuit against companies that provide kratom at gas stations and other immediately accessible areas.

After the man was found, his parents recovered a to-do list. On that list, one of the entries will haunt them forever. “Stop taking kratom”.

Analyzing the allegations 

The lawsuit is filed on the grounds of false marketing and failure to warn. Those who purchase kratom are told that the substance is safe and natural as an alternative to opioids. While it may be better than opioids at preventing overdoses, it is not safe. While some may take the substance to deal with pain, anxiety, or whatever else, some take it as a general elixir for their well-being. These people often get addicted. Further, the concentrations of mitragynine in your typical gas station kratom are much higher than the kratom you could produce from harvesting plants in the wild.

Today, you can buy single-serving shots of kratom from gas stations with ultra-high concentrations. Health authorities claim that these are especially dangerous and caused the death of the above-mentioned plaintiff.

What’s next? 

Lawsuits like this often result in legislation banning substances that cause death. However, there are less than 100 kratom-related deaths per year, and regulators even in states like Georgia that typically move quickly on vice crimes have yet to regulate it. In 2014, the FDA issued an advisory allowing the drug to be seized at U.S. ports. However, it’s still out there being sold at gas stations.

It’s more than likely that these companies will be held liable for the deaths they caused. In the future, they may be forced to place warnings on the label similar to cigarettes. If the government decides they want to pass a law making it unlawful to sell kratom out of a gas station, they can do that too. Chances are good that the kratom industry will take a hit because of these deaths.

Georgia remains one of the few states to allow kratom to be sold from gas stations. The sale of kratom is restricted to those over 18. Labeling requirements were implemented but not followed in the case of the defendant.

Talk to a Philadelphia Personal Injury Attorney Today 

Green & Schafle helps Pennsylvania residents file lawsuits against companies that produce dangerous or defective products. Call our Philadelphia wrongful death lawyers today to schedule a free consultation and we can begin discussing your claims immediately.



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