Kratom Injury & Death Lawsuit FAQs: Frequently Asked Questions About Kratom Injury and Wrongful Death Claims

A kratom lawsuit is a legal claim filed by or on behalf of a person who suffered serious injury, overdose, organ damage, seizure, respiratory failure, or death after using a product containing kratom, mitragynine, or 7-hydroxymitragynine.

Kratom lawsuits may allege that kratom manufacturers, distributors, suppliers, vendors, smoke shops, gas stations, online sellers, or retailers failed to adequately warn consumers about potential risks associated with kratom products. Kratom lawsuits may allege defective design, unsafe potency, misleading marketing, inadequate dosing instructions, improper labeling, contamination, or failure to disclose risks of overdose, toxicity, organ injury, or death.

Kratom products are being investigated by attorneys because some users may have suffered serious injuries or died after using kratom-containing products. The FDA has stated that kratom is not lawfully marketed in the United States as a drug product, dietary supplement, or food additive, and the agency has warned consumers about serious possible adverse events including liver toxicity, seizures, substance use disorder, and deaths associated with kratom use.

Attorneys may be investigating, among other things, whether kratom companies failed to provide adequate safety warnings, failed to disclose health risks, sold products with unsafe concentrations of mitragynine or 7-OH, or marketed kratom products for medical uses that were not approved by the FDA.

Kratom, also known as Mitragyna speciosa, is an herbal substance made from the leaves of a tropical tree native to Southeast Asia. Kratom contains bioactive alkaloids, including mitragynine and 7-hydroxymitragynine, that may produce stimulant-like effects at lower amounts and opioid-like effects at higher amounts. The FDA has not approved kratom to treat any medical condition.

People have reported using kratom products for pain, anxiety, energy, mood, opioid withdrawal, or other reasons. However, kratom products may carry serious risks, especially when sold as concentrated extracts, shots, capsules, powders, tablets, gummies, or products containing enhanced levels of 7-OH.

Mitragynine is one of the primary alkaloids found in kratom. In some Kratom lawsuits and death cases, plaintiffs allege that mitragynine toxicity, acute mitragynine intoxication, or kratom overdose contributed to seizures, respiratory depression, organ injury, cardiac complications, or death.

Mitragynine levels may vary by product, batch, extract concentration, and serving size. This can make it difficult for consumers to know how much kratom they are actually taking, particularly if a product does not provide clear dosage instructions, alkaloid content, potency information, or safety warnings.

7-hydroxymitragynine, often called 7-OH, is a kratom-related alkaloid. The FDA has explained that 7-OH occurs naturally in trace amounts in kratom leaf, but the agency’s main concern is with products that contain 7-OH as an added ingredient or at enhanced levels. FDA has warned consumers to avoid 7-OH products and has stated that there are no FDA-approved products containing 7-OH.

Potential kratom lawsuits may involve many types of kratom products, including:

• Kratom powder
• Kratom capsules
• Kratom pills
• Kratom tablets
• Kratom extracts
• Kratom liquid shots
• Kratom tinctures
• Kratom gummies
• Kratom oils
• Kratom teas
• Kratom resins
• Kratom concentrates
• Kratom smoothies or shakes
• Kratom paste or slurry
• Fresh or dried kratom leaves
• Products containing mitragynine
• Products containing 7-hydroxymitragynine or 7-OH
• Other kratom-containing products

The type of product may matter because extracts, shots, concentrates, and 7-OH products may contain higher or more variable alkaloid concentrations than raw leaf or powder products.

Kratom lawsuits and investigations may involve different kratom manufacturers, sellers, distributors, and brands depending on the specific facts of the case. Some kratom brands and products that have appeared in public discussion, lawsuits, FDA alerts, or investigation pages include OPMS, MIT45, Whole Herbs, Remarkable Herbs, Super Speciosa, Kraken Kratom, Kats Botanicals, Earth Kratom, Golden Monk, Happy Hippo Herbals, and others.

The inclusion of a brand name does not mean any or every product from that company is defective or that every user has a legal claim. Lawsuit eligibility depends on the specific product used, timing, injury, medical records, warnings, available evidence, applicable law and other facts.

Kratom injury lawsuits may involve serious injuries or complications such as:

• Seizures
• Liver injury
• Liver failure
• Heart failure
• Cardiotoxicity
• Respiratory depression
• Respiratory failure
• Lung damage
• Lung hemorrhaging
• Kidney damage
• Rhabdomyolysis
• Kratom overdose requiring hospitalization
• Kratom poisoning
• Acute mitragynine intoxication
• Coma
• Death
• Other severe complications

Not every side effect qualifies for a lawsuit. A viable kratom injury claim usually requires a serious injury, medical evidence, product identification, proof of use, and a legally supportable connection between the kratom product and the injury.

Seizures have been reported among serious adverse events associated with kratom use. The FDA has warned about serious adverse events from kratom, including seizures, and has also noted reports of harmful effects associated with 7-OH products, including seizures.

Kratom use may be linked with serious organ-related injuries in some reported cases, including liver damage, liver failure, kidney injury, heart complications, respiratory failure, and lung-related complications. These risks may be higher when kratom is taken in large amounts, used with other substances, or consumed in concentrated products such as extracts, shots, tablets, gummies, or products containing elevated levels of mitragynine or 7-hydroxymitragynine, also known as 7-OH.

In a kratom organ damage lawsuit, injured individuals may allege that manufacturers, distributors, or sellers failed to warn about the risk of toxic effects, unsafe potency, overdose, liver injury, kidney damage, respiratory depression, or other severe complications. Medical records, lab results, liver and kidney function tests, toxicology reports, product packaging, purchase records, and timing evidence may be important in determining whether kratom caused or contributed to the organ damage.

Liver toxicity is one of the serious adverse events identified in FDA warnings about kratom. A potential kratom liver injury lawsuit may involve elevated liver enzymes, hepatitis-like symptoms, jaundice, hospitalization, liver failure, transplant evaluation, or death.

Kratom use may be linked with kidney-related injuries, including acute kidney injury, kidney failure, dehydration-related complications, rhabdomyolysis, abnormal lab results, and hospitalization. The risk may be higher when kratom is taken in large amounts, used with other substances, or consumed in concentrated products such as extracts, shots, tablets, gummies, or products containing elevated levels of mitragynine or 7-hydroxymitragynine, also known as 7-OH.

In a kratom kidney damage lawsuit, injured individuals may allege that manufacturers, distributors, or sellers failed to warn about the risk of toxic effects, unsafe potency, overdose, dehydration, rhabdomyolysis, organ injury, or kidney failure. Medical records, emergency room records, kidney function tests, creatinine levels, urinalysis results, toxicology reports, product packaging, purchase records, and timing evidence may be important in determining whether kratom caused or contributed to the kidney damage.

Kratom use may be linked with serious breathing-related complications, including respiratory depression, slowed breathing, low oxygen levels, loss of consciousness, respiratory failure, lung hemorrhaging, bleeding into lung and death. The risk may be higher when kratom is taken in large amounts, used with other substances, or consumed in concentrated forms such as extracts, shots, tablets, gummies, or products containing elevated levels of mitragynine or 7-hydroxymitragynine, also known as 7-OH.

In a kratom respiratory injury lawsuit, injured individuals or surviving family members may allege that manufacturers, distributors, or sellers failed to warn about the risk of respiratory depression, overdose, toxic effects, unsafe potency, addiction, or death. Emergency room records, hospital records, oxygen readings, toxicology results, autopsy findings, product packaging, purchase records, and witness statements may be important in determining whether kratom caused or contributed to the respiratory problems.

Kratom use may be linked with serious heart-related complications, including abnormal heart rhythm, elevated blood pressure, rapid heartbeat, cardiac arrest, cardiotoxicity, heart failure, and death. The risk may be higher when kratom is taken in large amounts, used with stimulants, alcohol, opioids, benzodiazepines, antidepressants, or other substances, or consumed in concentrated forms such as extracts, shots, tablets, gummies, or products containing elevated levels of mitragynine or 7-hydroxymitragynine, also known as 7-OH.

In a kratom heart injury lawsuit, injured individuals or surviving family members may allege that manufacturers, distributors, or sellers failed to warn about the risk of cardiac complications, unsafe potency, overdose, toxic effects, addiction, or death. Medical records, emergency room records, EKG results, cardiac testing, toxicology reports, autopsy findings, product packaging, purchase records, and timing evidence may be important in determining whether kratom caused or contributed to the heart failure or cardiac injury.

Yes, a kratom overdose can result in hospitalization, especially when a person experiences serious symptoms such as extreme sedation, confusion, loss of consciousness, seizures, vomiting, respiratory depression, abnormal heart rhythm, high blood pressure, liver injury, kidney injury, or other medical emergencies. The risk may be higher when kratom is taken in large amounts, used with other substances, or consumed in concentrated forms such as extracts, liquid shots, tablets, gummies, capsules, or products containing elevated levels of mitragynine or 7-hydroxymitragynine, also known as 7-OH.

In a kratom overdose lawsuit, injured individuals may allege that manufacturers, distributors, or sellers failed to provide adequate warnings about overdose risks, potency, dosing, addiction, respiratory depression, seizures, or toxic effects. Medical records, emergency room records, toxicology results, product packaging, receipts, and witness statements may be important evidence in determining whether kratom caused or contributed to the hospitalization.

Yes, Kratom use has been associated with fatal overdoses and deaths in some cases, including deaths involving acute mitragynine intoxication, respiratory depression, seizures, cardiac complications, or organ failure. The risk may be higher when kratom is taken in large amounts, used with other substances, or consumed in concentrated products such as extracts, shots, tablets, gummies, or products containing enhanced levels of 7-hydroxymitragynine, also known as 7-OH.

In kratom wrongful death lawsuits, families may allege that kratom manufacturers, distributors, or sellers failed to warn consumers about the risk of addiction, overdose, toxic effects, respiratory failure, and death. Not every death after kratom use is caused by kratom, so medical records, toxicology results, autopsy findings, product packaging, purchase records, and timing evidence are often needed to determine whether kratom caused or contributed to a fatal event.

No. Not every kratom side effect qualifies for a lawsuit. Mild, temporary, or undocumented side effects may not support a viable legal claim.

Cases are more likely to be reviewed when a person suffered a severe injury such as seizure, overdose hospitalization, liver failure, heart failure, respiratory failure, coma, or death. Attorneys will also consider whether the injury can be medically linked to kratom use and whether there is an identifiable manufacturer, seller, distributor, or retailer.

Addiction-only claims may be more difficult to pursue than cases involving hospitalization, organ damage, seizures, overdose, or death. Some lawsuits may involve allegations of dependence, withdrawal, or failure to warn about addiction risk, especially with concentrated kratom extracts or 7-OH products.

However, many legal teams, including our team, are not investigating addiction-only cases at this time. A case review may help determine whether addiction, withdrawal, or dependence allegations are strong enough when combined with other injuries, medical treatment, product evidence, or deceptive marketing claims.

Helpful evidence in a kratom injury or wrongful death case may include:

• Photos of the kratom product
• Product packaging
• Bottles, bags, wrappers, capsules, or containers
• Brand name and product name
• Lot number, batch number, barcode, or QR code
• Receipts or online order confirmations
• Bank or credit card records showing purchase
• Product labels and warning language
• Screenshots of online product listings
• Marketing materials or advertisements
• Medical records
• Emergency room records
• Hospital records
• ICU records
• Lab results
• Liver function tests
• Kidney function tests
• Cardiac testing
• Toxicology reports
• Autopsy report, if applicable
• Death certificate, if applicable
• Witness statements
• Communications with the seller or manufacturer
• Remaining unused product, if available
• Other possible evidence

Individuals should not throw away kratom packaging, bottles, receipts, or remaining product if they believe the product may be connected to a serious injury or death.

Individuals may qualify for a kratom injury lawsuit if they used kratom products and suffered serious injury or complications such as seizures, overdose hospitalization, liver failure, heart failure, respiratory failure, coma, or other severe harm.

Families may qualify for a wrongful death claim if a loved one died after using kratom and the evidence supports a connection between the kratom product and the death.

Other eligibility factors may include the state where the product was purchased, where the injury occurred, the date of injury or death, the product used, available medical records, toxicology findings, warnings provided, and whether a legally responsible defendant can be identified.

Not all individuals or cases qualify for a Kratom lawsuit.

Potential compensation in a kratom injury or wrongful death lawsuit may include money damages for:

• Medical bills
• Emergency room treatment
• Hospitalization
• ICU care
• Testing and diagnostic expenses
• Medication costs
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Mental anguish
• Disability
• Loss of quality of life
• Long-term care costs
• Funeral expenses
• Burial expenses
• Loss of companionship
• Loss of consortium
• Wrongful death damages
• Other damages allowed by state law

The value of a kratom lawsuit can depend on, among other things, the severity of the injury, strength of liability evidence, medical causation, available insurance or assets to pay a judgment or settlement, applicable law, and the specific facts of the case.

Families may be able to file a kratom wrongful death lawsuit if a loved one died after using kratom and evidence suggests kratom caused or contributed to the death.

Wrongful death claims may require medical records, toxicology reports, autopsy findings, death certificate, purchase records, product packaging, proof of family relationship, and documentation of financial and emotional losses. The rules for whether and who may file a wrongful death claim can vary by jurisdiction.

Kratom injury and wrongful death lawsuits have been filed in state and federal courts, but they have not yet been centralized into a single nationwide federal multidistrict litigation, or MDL.

In some product liability lawsuits, individual cases may be grouped together into a Mass Tort or MDL for efficiency through coordinated pre-trial proceedings, multidistrict litigation, or other court management procedures. Coordinated litigation may allow common issues, documents, expert testimony, and discovery to be handled together while each injured person’s claim remains separate. Oftentimes, a few representative cases are tried first to see how juries react to the evidence. These results don’t bind the other remaining cases but often set the value for settlements in those other cases.

Yes. There are deadlines called statutes of limitation and statutes of repose that may limit the amount of time that individuals have to file a Kratom injury lawsuit. Some jurisdictions may allow only a short period of time to bring a personal injury or wrongful death claim, while others may provide a longer deadline.

Determining the filing deadline in a specific situation can be complicated because different rules, exceptions, and other requirements can apply. It is best to consult with an attorney as to how the statute of limitations applies to a particular case to avoid missing a potential deadline.

Because these cases require extensive investigation, injured patients and families should seek the help of a lawyer as soon as possible after a serious kratom-related injury or death.

After you submit a request for a free Kratom case review, your information is reviewed. A legal intake representative or attorney may contact you to discuss the kratom product used, date of use, injury or death, diagnosis, symptoms, treatment, hospitalization, medical records, product packaging, purchase records, toxicology results, and other important details.

Submitting a case review request does not mean a Kratom lawsuit has been filed or that an attorney-client relationship has been created. Submitting a case review request also does not create any obligation for you to hire a lawyer, file a lawsuit, or move forward with a claim. It is only the first step in determining whether your claim may qualify.

If an attorney determines that they may be able to help you pursue compensation, and you decide you wish to move forward and hire them, they will provide you a written retainer or representation agreement that you and they will need to sign before they can represent you in a specific matter.

At this time, there are no reported global settlements resolving all Kratom lawsuits. There may be individual settlements or legal claims involving Kratom injuries, but settlement availability depends on the specific facts of each unique case. Compensation is not guaranteed.

No, Kratom personal injury and wrongful death cases are generally not brought as class actions. Instead, they are typically handled as individual personal injury lawsuits or consolidated into a Mass Tort for pre-trial coordination and proceedings (such as through federal or state Multidistrict Litigation or MDL).

Most serious kratom injury or death claims are likely to be handled as individual product liability or wrongful death cases because each person’s product use, dose, medical history, injury, diagnosis, toxicology findings, treatment and damages may be different. Even if multiple individuals allege similar problems involving Kratom, the facts of each case may require a separate review.

While the terms “class action” and “mass tort or MDL” are often used interchangeably in casual conversation, there are critical legal differences in how they work, how claims are managed, and how compensation may be determined. In a class action, one or more representatives typically pursue claims on behalf of a larger group, while in a mass tort or multidistrict litigation, each injured person usually keeps an individual claim based on their own medical history, injuries, damages, and evidence.

Although Kratom personal injury and wrongful death claims are typically pursued individually, some kratom-related consumer fraud type cases may be brought as class actions, especially when the claims focus on labeling, marketing, or economic losses.

There are no upfront costs. Kratom injury cases are typically handled on a contingency fee basis, meaning injured victims (or their families in cases involving individuals who died) pay no attorney’s fees or expenses unless compensation is successfully recovered through a settlement or verdict.

If there is a recovery from a Kratom settlement or verdict, the attorney’s fee and expenses are paid out of the recovery. If a Kratom case is successful, the attorney’s fee is usually calculated as a percentage of the total recovery. This approach ensures that legal representation is accessible to all families, regardless of their financial situation. The actual fee arrangement, costs, and terms of representation will depend on the specific terms of any written agreement between the client and their lawyers.

The timeline for a kratom lawsuit can vary widely. Some claims may resolve sooner, while others may take years if litigation, expert review, discovery, motions, settlement negotiations, or trial preparation are required.

Factors that may affect the timeline include the number of defendants, product identification, medical causation issues, toxicology evidence, court schedule, insurance coverage, settlement discussions, and whether the case is filed in state or federal court.

You can request a free kratom lawsuit case review by completing the online kratom case review form and providing information about the product used, injury suffered, hospitalization, diagnosis, date of use, product brand, medical treatment and contact information.

This information helps determine whether you or a loved one might qualify for a Kratom injury or wrongful lawsuit or settlement.