Parents Bring Kratom Lawsuits Following Overdose Deaths and Other Serious Injuries

Console and Associates, P.C.

Kratom, a natural substance derived from the leaves of the Mitragyna speciosa tree, has recently gained notoriety for its potential dangers. While proponents cite its therapeutic benefits, concerns have surged about its safety. Kratom's active compounds can act on the brain's opioid receptors, leading to euphoria, pain relief, and sedation. However, its unpredictable effects, the potential for addiction, symptoms of withdrawal, and reported cases of severe adverse reactions, including liver toxicity and respiratory distress, underscore its inherent risks.

When a loved one suffers injuries or tragically dies after using kratom, it is important to understand your rights. If your family is grappling with a loved one’s death, taking legal action against the manufacturers, distributors, or retailers of the drug could provide your family with meaningful compensation. These legal claims may include product liability claims, wrongful death lawsuits, or personal injury claims, all of which seek compensation for medical expenses, pain and suffering, and other damages your family sustained. If you are interested in learning more, contact an experienced Kratom lawyer today.

What Makes Kratom Dangerous?

Kratom's potential dangers are primarily attributed to its active alkaloids, mitragynine and 7-hydroxy mitragynine, which interact with the brain's opioid receptors. These interactions can result in various adverse effects and risks.

Addiction and Dependency

Kratom can lead to physical and psychological dependence, with users experiencing withdrawal symptoms when they try to quit. This addiction potential raises concerns about its misuse and the development of substance use disorders.

Respiratory Depression

High doses of Kratom can cause respiratory depression, a dangerous condition where breathing becomes slow and shallow. In extreme cases, it can be life-threatening.

Liver Toxicity

Some cases of severe liver toxicity and injury have been associated with kratom use. Although rare, this highlights a potential danger to liver health.

Mental Health Effects

Kratom's impact on mental health can be unpredictable, leading to symptoms such as anxiety, agitation, hallucinations, and psychosis in some individuals.

It's essential to understand that while Kratom has some proponents who argue for its potential benefits, its dangers, including the potential for addiction, respiratory depression, and other adverse effects, underscore the need for caution and further research to determine its safety and appropriate use.

Types of Kratom

The most common strains include Red Vein, Green Vein, and White Vein kratom. Red Vein varieties are typically associated with relaxation and pain relief, Green Vein with balanced effects, and White Vein with increased alertness and energy.

Kratom is available in various forms, including dried and crushed leaves, powders, capsules, and extracts. Kratom leaves are typically dark green and glossy in their natural leaf form. When ground into powder, the color can range from light green to deep brown, depending on the strain. Capsules contain finely ground powder, while extracts are highly concentrated liquid forms. The appearance and color of kratom products may vary depending on their source and processing methods.

Is Kratom Legal in the United States?

In 2016, the Drug Enforcement Administration (DEA) issued a notice of its intention to classify mitragynine and 7-hydroxy mitragynine as Schedule I substances on an emergency basis. This action would have resulted in the criminalization of kratom possession and made its distribution a felony offense. However, the DEA ultimately decided to retract this notice following significant feedback from various parties, including Members of Congress and advocacy groups. While the DEA has designated Kratom as a Drug and Chemical of Concern, it has not yet taken steps to officially classify Kratom or its active components under the Controlled Substances Act (CSA).

Kratom Regulations in the United States

Kratom product sales are subject to regulation in sixteen states to varying degrees. While some states have implemented versions of a model law suggested by kratom advocacy organizations, these state regulations are not consistent across the board. Variations exist due to the way they address specific aspects concerning the sale and distribution of kratom products.

Why Do People Use Kratom?

People use Kratom for various reasons, and the motivations can vary widely from person to person. Some common reasons why individuals turn to Kratom include the following:

  • Pain management,
  • Opioid withdrawal,
  • Energy and focus,
  • Mood enhancement, and
  • Recreation.

In 2021, around 1.7 million Americans aged 12 and older disclosed their use of Kratom in the National Survey on Drug Use and Health conducted by the Substance Abuse and Mental Health Services Administration. It's essential to note that while some people use Kratom for potential therapeutic benefits, its safety and efficacy are subjects of ongoing research and debate.

The Difference Between Kratom and Opioids

The U.S. Food and Drug Administration (FDA) analysis yielded compelling evidence regarding the opioid properties of kratom compounds.

While Kratom and opioids both have effects on opioid receptors, they differ in terms of origin, specific compounds involved, legal status, safety profile, and medical use. Kratom's unregulated nature and potential for abuse make it a subject of ongoing debate and study.

What Are the Most Common Brands of Kratom

Numerous brands and vendors have sold kratom products in the United States. However, the availability of specific brands and products may vary by location. Some well-known brands and vendors that have operated in the U.S. kratom market include the following:

  • Kraken Kratom,
  • Coastline Kratom,
  • PurKratom,
  • The Kratom Syndicate,
  • Kratom Crazy,
  • Happy Hippo Herbals,
  • Gaia Ethnobotanical,
  • Kratom Spot,
  • Herbal Salvation, and
  • Phytoextractum.

Many families have filed Kratom lawsuits against various companies including:

  • Whole Herbs,
  • Hush Kratom, and
  • Cloud House Vaporz.

Family members allege that kratom capsules, liquid kratom shots, and kratom powder played a role in their loved ones’ kratom-induced deaths.

Do Doctors Recommend or Prescribe Kratom?

Doctors in the United States do not typically recommend or prescribe Kratom as part of standard medical practice. The FDA does not approve Kratom for any medical use, and its safety and efficacy for medical purposes have not been well-established through rigorous clinical trials.

Healthcare professionals in the United States are generally cautious about Kratom due to concerns about its potential for addiction, adverse effects, and the lack of standardized dosing and quality control in the kratom products available. Instead, doctors typically recommend established and FDA-approved treatments for various conditions.

Can Kratom Kill You?

Kratom's potential to cause death is a subject of ongoing debate, and the exact mechanisms are not well-understood. However, there have been reports of deaths associated with kratom use, and several factors may contribute to these cases.

Respiratory Depression

Kratom's active compounds can interact with opioid receptors in the brain. In high doses, this interaction may lead to respiratory depression, where breathing becomes slow and shallow, potentially resulting in oxygen deprivation and death.

Adulteration and Contamination

Some kratom products may be adulterated with other substances, such as synthetic opioids or other drugs, which can increase the risk of overdose and death.

Polydrug Use

Kratom is sometimes used in combination with other substances, including alcohol or prescription medications. These interactions can lead to dangerous effects on the central nervous system and respiratory system.

Individual Sensitivity

People's responses to Kratom can vary widely, and some individuals may be more sensitive to its effects, making them more susceptible to adverse reactions, including overdose.

It's crucial to emphasize that Kratom's safety and potential for causing death are still subjects of ongoing research and debate. The FDA has issued warnings about the risks associated with kratom use, primarily when used in conjunction with other substances.

My Child Was Injured After Using Kratom

If your child has been injured as a result of using Kratom, it's essential to take immediate steps to ensure their safety and well-being. If your child is experiencing any adverse effects from kratom use, such as severe pain, respiratory distress, seizures, or other concerning symptoms, seek medical help immediately. Your child's health and safety should be the top priority. Keep records of the circumstances surrounding your child's kratom use, including the product source, dosage, and any information on the product packaging. This documentation may be helpful for medical professionals and authorities.

Who is Responsible for a Kratom Injury or Death?

Determining responsibility for kratom-related injuries or deaths can be complex and often depends on the specific circumstances of each case.

Manufacturers and Distributors

If the kratom product was contaminated, adulterated, or incorrectly labeled, the manufacturer or distributor could be held liable for producing and selling a dangerous product.


Retailers who knowingly sell contaminated or adulterated kratom products could also share responsibility.

Government Agencies

In some cases, government agencies may be held accountable if they fail to regulate Kratom adequately or issue appropriate warnings about its potential risks.

Legal responsibility can vary by jurisdiction, and the landscape these Kratom lawsuits occupy is still evolving. It is crucial to consult with legal professionals experienced in product liability and personal injury cases to determine liability and pursue appropriate legal action if you or a loved one has suffered harm from kratom use.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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