Discovering the devastating consequences of a little-known substance called kratom, Dana and John Pope tragically lost their 23-year-old son, Ethan, who was found lifeless in his apartment last December. The Georgia Bureau of Investigation’s autopsy revealed that Ethan’s demise was a result of mitragynine intoxication, a psychoactive compound found in kratom. Kratom, a tropical tree leaf extract from Southeast Asia, is marketed as a pain reliever, anxiety reducer, and aid for drug dependence. Widely available in Georgia, often sold in gas stations and smoke shops, kratom’s purported benefits may hide serious risks. In light of Ethan Pope’s untimely death, the Popes have taken legal action against several entities associated with the manufacturing, marketing, and sale of kratom. This lawsuit seeks to raise awareness about the dangers of kratom and holds those responsible accountable.
The Tragic Circumstances
The Pope family, like many others, had never heard of kratom until they experienced the devastating loss of their beloved son. While the exact duration of Ethan’s kratom use remains uncertain, evidence suggests he had been grappling with its adverse effects. A discovered to-do list revealed a chilling item: “Stop taking kratom.” This disturbing revelation, coupled with the findings from the Georgia Bureau of Investigation’s autopsy, underscores the urgent need to shed light on the safety concerns associated with kratom.
The Wrongful Death Lawsuit
Driven by their determination to prevent further tragedies, Dana and John Pope have filed a wrongful death lawsuit against numerous individuals, companies, and organizations involved in the manufacturing, marketing, and sale of kratom. By initiating legal action, the Popes aim to send a clear message that kratom is not fit for human consumption and is fraught with dangers. Leading their legal team, attorney Matt Wetherington emphasizes the disparity between the kratom industry’s claims and the reality. While the industry portrays kratom as a natural and safe substance that promotes well-being, Wetherington argues that the highly concentrated kratom available in the United States is comparable to heroin or other opioids, contradicting these claims.
The Contentious Debate
Advocates of kratom assert that it is a harmless herbal supplement that provides pain relief and aids in opioid withdrawal. However, Ethan Pope’s case and mounting evidence present a different narrative. Prior to his passing, Ethan purchased O.P.M.S. Liquid Kratom, a particularly hazardous form due to its high concentration of mitragynine. The lawsuit alleges that producers of kratom illicitly import the substance by misclassifying it as an agricultural product and subsequently create and market concentrated versions. The U.S. Drug Enforcement Administration warns that kratom can have stimulant effects at low doses and sedative effects at high doses. Moreover, it can be addictive and lead to hallucinations, delusions, and confusion.
Government Warnings and Overdose Statistics
While the U.S. Food and Drug Administration (FDA) has not approved any uses for kratom, it consistently advises against consuming any products labeled as containing kratom. In 2014, an import alert was issued by the FDA, enabling the seizure of kratom due to its classification as an unapproved drug. In a 2019 report, U.S. health officials attributed 91 overdose deaths in 27 states to kratom. Although many of these cases involved the simultaneous use of heroin, fentanyl, or other substances, kratom was the sole detectable substance in seven deaths. These alarming figures underscore the urgent need to raise awareness about the potential risks associated with kratom use.
The Negligence Allegation
The wrongful death lawsuit argues that the defendants in the case failed in their duty to prevent foreseeable injuries stemming from the use of their kratom products. This responsibility includes providing accurate information about the risks and side effects of kratom, as well as ensuring consistent purity and potency of the product. Ethan Pope used the kratom products as intended, but the defendants allegedly did not offer adequate warnings and instructions that an ordinary consumer would expect, rendering the kratom products more dangerous than reasonably anticipated.
The Defendants and the American Kratom Association
Among the defendants named in the lawsuit is Optimized Plant Mediated Solutions (O.P.M.S.), the manufacturer of the specific kratom product consumed by Ethan Pope. At the time of this writing, O.P.M.S. had not provided a comment in response to inquiries regarding the lawsuit. Additionally, the lawsuit targets the American Kratom Association, a trade organization accused of disseminating false and misleading medical claims about kratom. The association has supported legislation in various states that, while purportedly aiming to protect consumers, effectively enables the sale of a hazardous and unpredictable drug.
Contact Nimmons Malchow Johnson Injury Lawyers If You Have Lost a Loved One Due to Kratom
If you or someone you know has tragically lost a loved one due to the use of kratom, it is crucial to seek professional legal guidance to understand your rights and potential avenues for justice. The attorneys at Nimmons Malchow Johnson Injury Lawyers are experienced in handling personal injury cases, including those involving wrongful death. We are committed to advocating for the rights of individuals and families affected by harmful substances like kratom.
Please don’t hesitate to reach out to our dedicated team if you need assistance or have any questions. We are here to help you navigate the legal process and provide support during this challenging time. Contact Nimmons Malchow Johnson Injury Lawyers today to schedule a consultation and discuss your case.