The loss of a loved one due to a kratom-related overdose or toxicity is devastating, and brands like Optimized Plant Mediated Solutions (OPMS) may be liable if their products contributed to the tragedy. Sold in smoke shops and gas stations across Atlanta, Savannah, and Marietta, kratom’s potent alkaloids mitragynine and 7-hydroxymitragynine (7-OH-MG) are linked to over 150 deaths since 2017, with risks like respiratory failure and organ damage often tied to mislabeled or contaminated products.
In Georgia, a kratom wrongful death lawsuit under O.C.G.A. § 51-4-2 seeks justice by holding manufacturers, distributors, or retailers accountable for defective products or inadequate warnings. The 2025 Georgia Tort Reform Law (Senate Bill 68, effective April 21, 2025) complicates these claims with damage caps and procedural hurdles, making experienced legal representation critical for families in Fulton, DeKalb, or Cobb Counties.
Led by Matt Wetherington, a Georgia Super Lawyer, the Georgia Wrongful Death Attorney P.C. has recovered over $100 million for victims, including kratom-related cases. If you’ve been harmed by kratom, contact us for a free consultation. Call our kratom lawsuit attorneys at (404) 888-4444 or fill out our free consultation form today. This guide outlines the key aspects of filing a kratom wrongful death lawsuit, with examples to help you pursue compensation and accountability.
Who Can File a Kratom Wrongful Death Lawsuit?
Under Georgia law (O.C.G.A. § 51-4-2), eligible claimants include:
- Spouse: The surviving spouse files on behalf of themselves and any minor children.
- Children: If no spouse exists, the deceased’s children (or their guardian) can file.
- Parents: If there is no spouse or children, the parents can file.
- Estate Representative: If no immediate family exists, the estate’s administrator may file to recover damages like medical or funeral costs.
The kratom wrongful death lawsuit must prove the kratom product caused the death, often through an autopsy confirming mitragynine or 7-OH-MG toxicity, as in Ethan Pope’s 2021 Georgia case. Example: In Savannah, Maria’s husband died after using OPMS Black Liquid Kratom. As the surviving spouse, she filed a wrongful death lawsuit, supported by a GBI autopsy showing mitragynine toxicity.
Grounds for a Kratom Wrongful Death Lawsuit
To succeed, you must prove:
- Defective Product: The kratom was defectively designed (e.g., excessive 7-OH-MG), manufactured (e.g., contaminated with heavy metals), or marketed (e.g., lacked overdose warnings).
- Causation: The defect caused the death, such as 7-OH-MG triggering respiratory failure.
- Damages: The family suffered losses, like funeral costs or loss of companionship.
- Liability: The defendant (e.g., OPMS, retailer) was negligent or strictly liable under O.C.G.A. § 51-1-11.
Example: In Marietta, Jamal’s brother died from an OPMS kratom overdose. His attorney proved the product’s lack of warnings caused the death, securing a claim against the manufacturer.
Liable Parties in a Kratom Wrongful Death Lawsuit
Multiple parties may be responsible:
- Manufacturers: Liable for producing unsafe or mislabeled kratom, like OPMS products with high 7-OH-MG.
- Distributors: Responsible for supplying defective products.
- Retailers: Liable for selling kratom without warnings, such as Peachtree Street smoke shops.
- Advocacy Groups: Potentially liable for false safety claims, like the American Kratom Association.
- Online Platforms: Liable if they hosted misleading ads.
Example: In Athens, Elena’s son died after using kratom from a local retailer. Her attorney sued the retailer, distributor, and OPMS, citing inadequate safety checks.
Steps to File a Kratom Wrongful Death Lawsuit
- Seek an Autopsy: Request a GBI autopsy to confirm mitragynine or 7-OH-MG toxicity.
- Preserve Evidence: Save kratom packaging, receipts, and digital ads claiming safety.
- Consult an Attorney: Hire a Georgia attorney with kratom lawsuit experience to meet the two-year statute of limitations (O.C.G.A. § 9-3-33).
- Investigate Liable Parties: Your attorney identifies defendants using product tests and FDA warnings.
- File a Claim: Submit an insurance claim or notice of claim if a public entity is involved.
- File the Lawsuit: If insurers deny liability, file in a Georgia court (e.g., Chatham County Superior Court) within two years.
- Navigate Discovery: Exchange evidence, like toxicology reports, despite tort reform’s 90-day discovery stays.
- Negotiate or Go to Trial: Settle or proceed to trial, adapting to tort reform’s bifurcated trials.
Example: In Roswell, Liam’s mother filed a lawsuit after his kratom-related death. Her attorney used an autopsy and product testing to secure a settlement against OPMS, overcoming tort reform delays.
Challenges and Considerations in Kratom Wrongful Death Lawsuits
- Tort Reform: The 2025 law caps punitive damages at $500,000 ($1 million for intentional misconduct) and limits medical cost evidence to actual payments (O.C.G.A. § 51-12-5).
- Proving Causation: Industry defenses may claim other substances caused the death, requiring toxicology reports to isolate kratom’s role, as in Dustin Hernandez’s case.
- Time Sensitivity: The two-year statute of limitations demands swift action to preserve evidence.
- Unregulated Industry: Kratom’s lack of FDA approval complicates proving defects, but FDA warnings help.
Why You Need a Kratom Wrongful Death Lawyer Attorney
Kratom wrongful death lawsuits are complex due to scientific challenges, tort reform’s restrictions, and industry defenses. An experienced kratom wrongful death attorney can:
- Secure GBI autopsies and expert testimony.
- Counter defenses with product testing and FDA warnings.
- Navigate bifurcated trials and discovery stays.
- Target multiple defendants for maximum recovery.
Act Now
The two-year statute of limitations (O.C.G.A. § 9-3-33) and tort reform’s procedural hurdles make immediate action critical. Consult a Georgia attorney to evaluate your kratom wrongful death claim and preserve evidence like packaging, receipts, and autopsy reports. Call our kratom wrongful lawsuit attorneys at (404) 888-4444 or fill out our free consultation form today.