Kratom products, like those from Optimized Plant Mediated Solutions (OPMS), are widely sold in Atlanta’s smoke shops, Savannah’s gas stations, and online, marketed as safe remedies for pain or anxiety. However, their potent alkaloids mitragynine and 7-hydroxymitragynine (7-OH-MG) have been linked to severe injuries, addiction, and over 150 deaths since 2017, including fatalities tied to OPMS Black Liquid Kratom.
In Georgia, you may have a claim against a kratom brand like OPMS under product liability laws (O.C.G.A. § 51-1-11) or wrongful death statutes (O.C.G.A. § 51-4-2) if their product caused harm due to defects, inadequate warnings, or negligence. The 2025 Georgia Tort Reform Law complicates these claims with stricter liability rules and damage caps, making it critical to recognize the signs of a valid claim. Below are the top signs you may have a claim, with examples to help victims in Fulton, DeKalb, or Cobb Counties pursue justice.
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.
1. You Suffered Serious Health Issues After Using OPMS Kratom
If you experienced severe health effects, like seizures, liver damage, respiratory failure, or addiction, after using OPMS products (e.g., Black Liquid Kratom, Gold Capsules), you may have a claim. The FDA has linked OPMS Black Liquid Kratom to serious adverse events, including death, withdrawal symptoms, digestive issues, and increased anxiety. A claim is stronger if medical records or toxicology reports confirm mitragynine or 7-OH-MG toxicity, as in Ethan Pope’s 2021 Georgia death.
Example: In Marietta, Sarah suffered seizures after taking OPMS Black Liquid Kratom from a Cobb County smoke shop. Her hospital records showed 7-OH-MG toxicity, supporting a lawsuit against OPMS for a defective product.
Action: Seek medical care at facilities like Piedmont Hospital and request toxicology tests to document kratom-related harm.
2. A Loved One Died After Using OPMS Kratom
If a family member died after consuming OPMS kratom, you may have a wrongful death claim under O.C.G.A. § 51-4-2. The FDA reported a death linked to OPMS Black Liquid Kratom, and a Georgia lawsuit alleges a 23-year-old died from its use. An autopsy confirming mitragynine or 7-OH-MG as the cause, as in Pope’s case, strengthens your case. Eligible claimants include spouses, children, or parents.
Example: In Savannah, Jamal’s brother died after an OPMS kratom overdose. A GBI autopsy confirmed mitragynine toxicity, leading to a wrongful death claim against the manufacturer and retailer.
Action: Request an autopsy and consult an attorney to file within the two-year statute of limitations (O.C.G.A. § 9-3-33).
3. The Kratom Product Lacked Adequate Warnings
You may have a claim if OPMS failed to warn about risks like addiction, overdose, or toxicity, a key issue in a California class action alleging OPMS misled consumers about its “perniciously addictive” nature. Claims under O.C.G.A. § 51-1-11 can target packaging that omits warnings about 7-OH-MG’s opioid-like effects or safe dosage, especially for potent products like OPMS Gold, equivalent to 7–15 grams of kratom powder per dose.
Example: In Athens, Nina developed addiction after using OPMS Gold Capsules, which lacked warnings about dependency. Her attorney used FDA warnings to prove a failure-to-warn defect.
Action: Save product packaging and screenshots of misleading ads (e.g., “safe alternative”) for evidence.
4. The Product Was Contaminated or Adulterated
A claim may arise if the OPMS product was contaminated with substances like fentanyl, heavy metals, or synthetic opioids, increasing its danger. The FDA has flagged kratom products for contamination, and some users suspect OPMS products contain synthetic additives, though unproven. Product testing showing adulteration supports a manufacturing defect claim under O.C.G.A. § 51-1-11.
Example: In Roswell, Liam’s liver failure was traced to an OPMS kratom extract. Testing revealed heavy metal contamination, forming the basis of a lawsuit against the distributor.
Action: Preserve the product and receipt for lab testing by your attorney.
5. You Were Misled by False Marketing Claims
If OPMS or retailers promoted kratom as “safe” or “natural” without disclosing risks, you may have a claim for false advertising or deceptive marketing. The FDA notes OPMS products lack approved health claims, yet some marketing suggests therapeutic benefits, misleading consumers. A California lawsuit alleges OPMS’s “innocuous” packaging (e.g., leaf-like logo, energy-shot-like bottles) downplays addiction risks.
Example: In Decatur, Elena bought OPMS Silver Kratom after seeing “all-natural” claims online. She suffered withdrawal symptoms, supporting a claim for deceptive marketing.
Action: Screenshot ads or product labels claiming safety or benefits to share with your attorney.
6. You Purchased OPMS Kratom from a Retailer or Online
If you bought OPMS kratom from a Georgia retailer (e.g., Buckhead smoke shops) or online vendor, you may have a claim against the retailer, distributor, or manufacturer for selling a defective product. Retailers can be liable for failing to verify product safety, especially under tort reform’s stricter premises liability rules (O.C.G.A. § 51-3-51). Online platforms hosting false ads may also face liability.
Example: In Augusta, Maya purchased OPMS Black Liquid Kratom from a gas station, leading to respiratory issues. Her attorney sued the retailer and OPMS, citing inadequate safety checks.
Action: Keep receipts and document where you bought the product (e.g., store name, website).
7. You Acted Within the Statute of Limitations
You may have a claim if you act within Georgia’s two-year statute of limitations for personal injury or wrongful death (O.C.G.A. § 9-3-33), starting from the injury or death date. Delayed injuries (e.g., liver damage) may qualify for tolling if undiscoverable earlier, but tort reform’s discovery stays complicate evidence collection, requiring prompt action.
Example: In Fulton County, Liam’s attorney filed a lawsuit 18 months after his kratom-related seizure, meeting the deadline and securing evidence before tort reform delays.
Action: Contact an attorney immediately to avoid missing the two-year deadline.
Challenges and How to Address Them
- Unregulated Industry: Kratom’s lack of FDA approval makes proving defects harder, but FDA warnings and expert testimony (e.g., toxicologists) help.
- Tort Reform: The 2025 law limits damages and delays discovery, but early evidence like medical records counters these hurdles.
- Defenses: Manufacturers may claim misuse or other substances caused harm, as in Dustin Hernandez’s case. Toxicology reports and product testing refute this.
- Multiple Defendants: Targeting manufacturers, retailers, and advocacy groups maximizes recovery.
Why Consult a Kratom Attorney
Kratom lawsuits against brands like OPMS are complex due to scientific challenges, industry defenses, and tort reform’s restrictions (e.g., bifurcated trials). An experienced Georgia kratom injury attorney can:
- Gather evidence like GBI autopsies and FDA warnings.
- Use experts to prove mitragynine or 7-OH-MG toxicity.
- Navigate tort reform’s damage caps and discovery stays.
- Identify all liable parties, from OPMS to retailers.
Act Now
The two-year statute of limitations and tort reform’s procedural hurdles make swift action critical. If you recognize these signs, consult a Georgia kratom wrongful death attorney in cases of death to evaluate your claim and preserve evidence like kratom packaging, medical records, and purchase receipts. Call our kratom lawsuit attorneys at (404) 888-4444 or fill out our free consultation form today.