Texas Kratom Class Action Lawyer

Pursuing Fairness for Victims of Kratom-Related Injuries and Fatalities in Texas

Kratom (Mitragyna speciosa), a substance that comes from a plant in Southeast Asia, has been used by some for pain relief and energy boosts. However, this substance can be very dangerous. It has toxins that can cause serious injuries and even death as has been reported. When someone gets sick or worse from Kratom, it can turn their life and their family’s life upside down. They deal with a lot of pain and suffering, big medical bills, and sometimes inability to work, more overdose cases result in death. 

According to the most recent assessment conducted by the CDC and requested by The Post, involving state records on overdose fatalities, kratom was linked, wholly or in part, to 846 overdose deaths across 30 states and Washington D.C. in 2022, the latest year data is fully available. 

This marks an increase from the 834 cases reported in 2021 and 663 in 2020. In most of these instances, additional substances were also detected. Specifically, kratom was the only substance identified in causing the deaths of 56 individuals in 2022, compared to 68 in 2021 and 58 in 2020. It’s important to note that this analysis did not encompass several states with significant populations.

This is a serious product liability case. In a report by Washington Post, the number of deaths between 2020 and 2022 in Texas was recorded as 224. In Michigan, the total for those three years was 253 fatal cases, all in conjunction with other drugs such as opioids. In Texas, the law wants to keep people safe from harmful products like Kratom. If a product hurts someone, the law can help them get compensation for their troubles or loss of family member in case that results in death. However, there’s a time limit to ask for help (this is called a statute of limitations), and you need strong proof that Kratom is what caused the harm.

At Wetherington Law Firm, we understand how tough this situation can be. We’ve helped a lot of Texans fight against big companies to get the help they deserve. Our team of personal injury lawyers understands the complexities of dealing with cases involving pain or death resulting from the consumption of toxic substances like Kratom. We talk to you in a way that’s easy to understand and makes the law work for you.

If you or someone you love is hurt because of Kratom, contact Wetherington Law Firm for immediate help. Our experienced team of personal injury lawyers specializes in product liability cases where toxic substances like Kratom hurt people badly. Our rich experience and fight against toxic substances has resulted in big compensations for our clients. We’ll negotiate on your behalf and take the case to trial if an agreement cannot be reached. 

All our cases are handled on a contingency basis so you do not have to worry about paying us until we win. We understand how toxic substances like Kratom can be and the negative effects it can have on people. Our team is passionate about helping people get justice and compensation for pain and suffering caused by others. Contact us today for a free consultation to understand your case. We’re ready to fight for your peace of mind. 

Why You Need Our Texas Kratom Class Action Lawyer

Engaging a Texas Kratom product liability attorney is vital for those affected by Kratom, especially considering the increase in class action lawsuits and individual claims relating to its adverse effects. The complexities of Kratom litigation, combined with state-specific legal nuances, make it essential to have expert legal representation. Here’s why securing a specialized attorney in Texas for Kratom-related issues is critical:

• Expertise in Kratom Litigation: Kratom litigation involves intricate legal challenges, including navigating the evolving status of Kratom legality, understanding its effects, and tackling the defense strategies of manufacturers and sellers. 
• Navigating Texas Law: Each state has its own regulations and legal protocols, and Texas is no exception. A Texas-based lawyer proficient in class action suits and familiar with state-specific legal environments ensures that your case adheres to Texas laws, maximizing your chances of a successful outcome.
• Collective Strength in Numbers: Class action lawsuits amalgamate the claims of numerous individuals affected by Kratom, creating a more substantial case against manufacturers and distributors. This collective legal action not only amplifies the impact of the lawsuit but also shares the litigation costs among all participants, making it a financially viable option for many.
• Strategic Legal Approach: Our experienced attorneys employ strategic and scientific legal approaches tailored to the specifics of the case. We have access to medical experts, can efficiently manage large-scale litigation, and have the necessary resources to take on extensive legal battles against powerful entities in the Kratom industry.
• Personalized Legal Guidance: Despite the collective nature of class action lawsuits, a skilled lawyer ensures your personal circumstances are considered. They can advise whether joining a class action or pursuing an individual lawsuit aligns better with your specific case and desired outcomes.
• Emotional and Legal Support: Navigating the aftermath of adverse effects from Kratom can be emotionally taxing especially when the death of a loved one is involved. A Texas Kratom class action lawyer provides not just legal representation but also support and understanding, helping clients through the challenging times associated with their cases.
• Enhancing Consumer Safety: Beyond individual compensation, Kratom class action lawsuits serve a broader purpose of holding companies accountable for the safety of their products. Successful litigation can lead to stricter regulations and enhanced consumer safety, preventing future harm from Kratom products.

What is Kratom?

Kratom, known scientifically as Mitragyna speciosa, is a tropical tree native to Southeast Asia, particularly in countries like Thailand, Malaysia, Indonesia, and Papua New Guinea. The tree’s leaves have been consumed for centuries by locals for their psychoactive properties—both as a stimulant and a sedative, depending on the dose.

The active compounds in Kratom leaves are alkaloids, primarily mitragynine and 7-hydroxymitragynine. These compounds interact with opioid receptors in the brain, which can lead to effects ranging from increased energy and alertness in low doses to pain relief, sedation, and euphoria in higher doses. Despite these interactions, Kratom is not categorized as an opioid, but its mechanisms can produce opioid-like effects.

Kratom is typically ingested in various forms. The leaves might be chewed fresh, dried and brewed as tea, powdered and swallowed, or taken in capsule form. It’s also available in extracts and gums. People use Kratom for various reasons, including managing pain, fighting fatigue, coping with anxiety and depression, and even as a tool to combat withdrawal symptoms from opioids and other substances.

However, the growing popularity of Kratom as an alternative remedy in the West has brought along controversies about its safety and legal status. The FDA and DEA have expressed concerns over its potential for abuse, addiction, and health risks, including several reported deaths associated with its use. Despite these concerns, there’s a push for more research into Kratom’s potential benefits, side effects, and appropriate regulation to ensure consumer safety without entirely barring access to those who find it beneficial.

Common Symptoms of Kratom Overdose

Kratom overdose, especially when taken in higher doses than the body can handle, can lead to various unpleasant and potentially harmful symptoms. It’s important to note that individual reactions to Kratom can vary based on factors like dosage, individual sensitivity, and the presence of any adulterants in the product consumed. Here are ten common symptoms associated with a Kratom overdose:

1. Nausea: A very common symptom, often occurring when the body attempts to expel the substance.
2. Vomiting: Related to nausea, this is the body’s way of forcibly removing ingested substances that are causing distress.
3. Dizziness: Overdose can lead to feelings of lightheadedness and vertigo, making it hard to balance or stand.
4. Drowsiness: Extreme fatigue and the strong desire to sleep can be a sign of overdosing, as the sedative effects of Kratom are magnified.
5. Confusion: Difficulty thinking clearly or understanding what’s happening around them.
6. Agitation or Irritability: Some individuals may experience mood swings, becoming easily annoyed or upset.
7. Rapid heartbeat: Also known as tachycardia, this can feel like your heart is racing or pounding unusually hard.
8. Constipation: Kratom can affect the gastrointestinal system, leading to delayed or difficult bowel movements.
9. Respiratory depression: In severe cases, breathing may become shallow or slow, which is a serious symptom requiring immediate medical attention.
10. Seizures: Though less common, some individuals might experience convulsions or seizures in response to a significant overdose.

We are Compiling Kratom Death and Injury Related Cases in the Following Locations in Texas:

1. Nueces (Corpus Christi)
2. Bexar (San Antonio)
3. Harris (Houston)
4. Dallas (Dallas)
5. Brownsville (Cameron County)
6. Edinburg (Hidalgo County)
7. Rio Grande City (Starr County)

FAQs for Texas Kratom Class Action Lawyer

What qualifies me to join a Kratom class action lawsuit in Texas?

Joining a class action lawsuit regarding Kratom in Texas, or any similar legal action, generally revolves around several key factors tied to the cause of the lawsuit. While the specific qualifications can vary depending on the details of each case, here are common criteria that might qualify you to join a Kratom class action lawsuit:

1. Proof of Purchase: You must have purchased Kratom in Texas within a specified time frame relevant to the lawsuit. Retaining receipts or other proof of purchase can support your claim.
2. Adverse Effects: Individuals who have experienced negative health effects directly attributable to Kratom use might qualify. This often requires medical records that document the health issues and their connection to Kratom.
3. Misrepresentation or Lack of Warning: The lawsuit could center on allegations that the product was misrepresented in terms of safety or efficacy. Alternatively, it could focus on a lack of adequate warnings regarding potential side effects or risks. If you used Kratom under such circumstances, you might be eligible.
4. Economic Loss: If you faced financial losses due to medical bills, lost wages, or other costs associated with addressing the adverse effects of Kratom, this could qualify you. Economic loss also extends to scenarios where you purchased Kratom that was not as advertised or failed to provide the stated benefits.
5. Geographical Relevance: While being a resident of Texas is typically relevant, the specific lawsuit might define a certain geographical criterion, such as purchasing or consuming Kratom in particular regions where specific laws or misrepresentations occurred.
6. Timing: Class action lawsuits have defined periods during which affected parties must come forward to join. Missing these deadlines can disqualify you from becoming part of the lawsuit.
7. Specific Circumstances of the Lawsuit: Every class action has its unique basis—whether it’s related to consumer fraud, product liability, or another legal issue. The specifics of the lawsuit itself will ultimately dictate the qualifications needed to join.

What To Do If You Believe You Qualify:

• Consult a Lawyer: If you believe you meet these criteria or if you have suffered due to Kratom in a way that you believe is actionable, consulting with product liability lawyer is crucial. 
• Documentation: Gather and organize any documentation related to your Kratom purchase and use, including medical records or financial statements detailing your losses. This documentation will be crucial in establishing your eligibility to join the lawsuit.

What are the potential outcomes of a Kratom class action lawsuit?

A Kratom class action lawsuit, like any class action, seeks to address grievances experienced by a group of people against a single defendant (or defendants) in a consolidated manner. The outcomes of such a lawsuit can vary based on the nature of the complaints, the laws applicable, and the specifics of the case. Here are some potential outcomes that could result from a Kratom class action lawsuit:

1. Financial Compensation: One of the primary outcomes is financial compensation for the plaintiffs—the individuals who joined the class action lawsuit. This compensation can cover various damages, including medical expenses, lost wages due to illness or injury caused by Kratom, and other related financial burdens. The exact amount can vary significantly based on the case specifics and the number of plaintiffs.
2. Medical Monitoring: In cases where the adverse effects of Kratom might emerge or be discovered later, the settlement could include provisions for future medical monitoring and treatment. This ensures that class members have access to medical care should they develop health issues related to Kratom use later on.
3. Injunctive Relief: A lawsuit might seek changes in how Kratom products are marketed, labeled, or sold. This could include demanding clear warnings about potential side effects, restrictions on sale to minors, or requirements for proof of safety and efficacy. The goal is to prevent future harm to consumers.
4. Regulatory Changes: Although a class action lawsuit itself doesn’t enact laws or regulations, a high-profile case can lead to scrutiny by lawmakers and regulators. This could prompt new regulations on the sale, distribution, and marketing of Kratom products at the state or federal level.
5. Public Awareness: Class action lawsuits can draw significant media attention to issues that might not be widely known. Even if the financial compensation is not substantial, raising public awareness about the potential risks associated with Kratom use could be a powerful outcome, influencing public opinion and possibly policy.
6. Court Fees and Legal Costs: The defendant might be required to cover court fees and legal costs associated with the lawsuit, in addition to any compensation awarded to the plaintiffs. This is a standard part of settlements or awards in class action lawsuits.
7. Dismissal Without Merit: It’s also possible that the court finds the case lacks merit, in which case it could be dismissed, and the plaintiffs would not receive compensation or any of the above outcomes. This highlights the importance of building a strong legal case.

Challenges in Kratom Litigation

It’s worth noting that class action lawsuits involving substances like Kratom can face significant challenges. Scientific uncertainty about the effects of Kratom, varying legal statuses in different jurisdictions, and differing individual responses to Kratom can all affect the outcome of such legal actions.

In any case, individuals considering joining or initiating a Kratom class action lawsuit should seek legal counsel to understand their rights, the merits of their case, and the potential outcomes.

What should I do if I have suffered from using a Kratom product in Texas?

If you’ve suffered adverse effects from using a Kratom product in Texas, it’s essential to take a series of steps to ensure your health and legal rights are protected. Here’s a recommended course of action:

1. Seek Medical Attention:

The first and most important step is to consult a healthcare provider for a thorough examination and treatment. Clearly explain your symptoms and the use of Kratom, including amounts and frequency, as this can help in diagnosing and treating any health issues you might be experiencing. Ensure all your symptoms are documented, as this medical record can be crucial in any future legal actions.

2. Document Everything:

• Save the Product: Keep the remaining Kratom product, as it can serve as evidence. Having the original packaging can be particularly important, as it provides information about the product, including the batch number, the manufacturer, and any claims made on the label.
• Document Use and Effects: Note down your use of the Kratom product, including how much and how often you used it, and the adverse effects you experienced. Also, keep a record of any financial costs associated with its use and the subsequent health issues, such as medical bills or lost wages.

3. Report the Adverse Effects:

• FDA: You can report adverse effects to the Food and Drug Administration (FDA) through the MedWatch program. This helps the FDA track and regulate potentially harmful products.
• Texas Department of State Health Services: Texas might have specific reporting mechanisms for health issues related to supplements like Kratom, so consider reporting your experience to relevant state health authorities as well.

4. Legal Consultation:

• Seek Legal Advice: Consider consulting with a lawyer experienced in product liability, personal injury, or class action lawsuits. A legal professional can provide advice tailored to your situation and help you understand your rights and options for seeking compensation or joining a class action lawsuit if one exists.
• Understand the Statute of Limitations: It’s critical to act within the legal timeframe allowed for filing a lawsuit, known as the statute of limitations. In Texas, personal injury claims typically have a two-year statute of limitations, but your attorney can advise you based on the specifics of your case.

5. Consider Your Options:

Depending on the extent of your adverse effects and the legal counsel’s advice, you may decide to:

• File an Individual Lawsuit: If your case is strong, filing an individual lawsuit might be the recommended course of action.
• Join a Class Action Lawsuit: If there are others who have experienced similar issues with the same product, joining a class action lawsuit could be an option.
• Settlement: In some cases, the company might offer a settlement to resolve your claim out of court. Discuss any offers thoroughly with your lawyer to ensure it’s in your best interest.

Can I still file a lawsuit if the FDA hasn’t fully regulated Kratom?

Yes, you can still file a lawsuit even if the Food and Drug Administration (FDA) has not fully regulated Kratom. The legal framework for product liability and consumer protection does not require the FDA to have fully regulated a product for individuals to take legal action if they believe they have been harmed by that product.

Contact a Skilled Texas Kratom Class Action Lawyer Today

If you or a loved one has experienced adverse effects or even death from using Kratom, it’s crucial to understand that you have rights and options. Navigating the aftermath of such experiences can be overwhelming, but you don’t have to face it alone. We encourage you to take the vital step of seeking professional guidance. 

Contact a specialized product liability attorney today to explore your legal avenues and potentially join others in seeking justice and compensation. Your health and well-being matter, and taking action now could not only help you recover but also prevent others from suffering similar fates. Don’t wait—reach out for the support and legal expertise you deserve.