TL;DR: To file an OPMS kratom lawsuit in Georgia, you must first document your injuries and connect them to the product. Gather all medical records, purchase receipts, and any remaining OPMS product or packaging. Immediately consult with a Georgia personal injury attorney who has experience in product liability cases. Your attorney will investigate your claim, identify all responsible parties, and file a formal complaint in the appropriate Georgia court before the state’s two-year statute of limitations expires.
Kratom products, particularly concentrated extracts like those sold by OPMS, have become widely available in smoke shops and convenience stores across Georgia. Despite their prevalence, these products are not regulated by the Food and Drug Administration (FDA), leaving consumers with little information about potential risks. Reports have linked potent kratom products to serious health issues, including liver damage, seizures, addiction, and even death. This lack of oversight has created a situation where individuals who suffer harm may be left with significant medical bills and life-altering conditions.
Under Georgia law, manufacturers have a duty to ensure their products are safe for consumers and to provide adequate warnings about potential dangers. When they fail to do so, they can be held legally responsible for the injuries that result. Georgia’s product liability statutes, specifically O.C.G.A. § 51-1-11, provide a legal path for injured consumers to seek compensation. Pursuing a claim against a large company like OPMS requires a clear understanding of your rights and the specific legal steps involved in the process. This detailed guide outlines the step-by-step process of filing a kratom lawsuit, with practical examples, to help you seek justice and compensation. 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.
How to File an OPMS Kratom Lawsuit in Georgia (Step by Step)
Step 1: Seek Immediate Medical Attention
If you or a loved one experienced adverse effects after using OPMS kratom products, seek medical care right away. Medical records linking the injury, illness, or death to kratom use are critical evidence in any lawsuit.
Step 2: Preserve Evidence
Keep all OPMS kratom products, packaging, receipts, and proof of purchase. Do not discard bottles, labels, or remaining product, as these may be used for testing or to prove product identity and distribution.
Step 3: Document Symptoms and Losses
Write down all symptoms, hospital visits, diagnoses, and treatments. If the case involves a death, gather death certificates, autopsy reports, and funeral expenses. Also document lost wages, ongoing medical costs, and how the injury affected daily life.
Step 4: Determine Eligibility to File a Lawsuit
In Georgia, OPMS kratom lawsuits may be filed by:
- Individuals injured after using OPMS kratom products
- Family members filing a wrongful death claim on behalf of a deceased loved one
Claims often allege product liability, failure to warn, negligent manufacturing, or deceptive marketing.
Step 5: Consult a Georgia Product Liability or Kratom Attorney
An experienced Georgia attorney can evaluate whether your case qualifies and identify the correct defendants, which may include OPMS, distributors, or retailers. Most kratom injury attorneys offer free consultations and work on a contingency fee basis.
Step 6: File the Lawsuit Within Georgia’s Statute of Limitations
Georgia law generally allows:
- 2 years from the date of injury to file a personal injury lawsuit
- 2 years from the date of death to file a wrongful death claim
Missing the deadline can permanently bar your claim.
Step 7: Investigation and Case Building
Your attorney will gather medical evidence, expert opinions, toxicology reports, and product testing results. This phase may include proving contamination, adulteration, high 7-hydroxymitragynine levels, or inadequate warning labels.
Step 8: Settlement Negotiations or Trial
Many OPMS kratom cases are resolved through settlement negotiations. If a fair settlement is not reached, the case may proceed to trial, where a jury will determine liability and damages.
Step 9: Recover Compensation
Successful claims may recover damages for medical expenses, lost income, pain and suffering, funeral costs, and loss of companionship in wrongful death cases.
If you want, I can:
- Rewrite this for a Georgia law firm landing page
- Add a “Who qualifies” checklist
- Include a call-to-action section for free case evaluations
Understanding the Legal Basis for a Kratom Lawsuit in Georgia
Filing a lawsuit against a kratom manufacturer like OPMS is not a simple matter. It requires establishing a strong legal argument based on Georgia’s product liability laws. These cases typically center on the company’s failure to protect consumers from known or foreseeable risks associated with their products. A successful claim will depend on proving that the OPMS product was defective and that this defect directly caused your injuries.
Product Liability and Failure to Warn
The most common legal argument in a kratom lawsuit is “failure to warn.” Under Georgia law, a product can be considered defective if it is sold without adequate warnings or instructions regarding its potential dangers. OPMS products are often marketed as natural supplements, which can mislead consumers into believing they are completely safe. However, kratom contains psychoactive alkaloids that can lead to dependency and severe health complications.
A lawsuit based on failure to warn would argue that OPMS knew or should have known about these risks but failed to display them prominently on their packaging. For example, if a person develops severe liver toxicity after using OPMS kratom as directed, their attorney could argue that the company had a legal duty to warn them of this specific risk. The absence of such a warning makes the product unreasonably dangerous and, therefore, legally defective.
Negligence and Contamination Claims
Another legal avenue is a claim of negligence. This argument focuses on the manufacturer’s carelessness during the production or distribution process. Kratom is an agricultural product often sourced from Southeast Asia, and it can become contaminated if not handled properly. Numerous FDA reports have found kratom products tainted with harmful substances.
A negligence claim could be based on:
- Heavy Metal Contamination: Independent lab tests have found dangerous levels of lead, nickel, and other heavy metals in some kratom products. Long-term exposure can cause serious neurological and organ damage.
- Bacterial Contamination: Salmonella outbreaks have been directly linked to contaminated kratom powders. A manufacturer has a duty to test its products to ensure they are free from such pathogens.
- Unpredictable Potency: Concentrated extracts like OPMS shots can have widely varying levels of active alkaloids, making them dangerously potent. Negligence could be argued if the company failed to implement quality control measures to ensure consistent and safe dosing.
Wrongful Death Claims
In the most tragic cases, kratom use has been associated with fatalities. If a family loses a loved one and there is evidence linking their death to an OPMS product, the surviving family members may be able to file a wrongful death lawsuit. This type of claim seeks compensation for the loss of the deceased’s companionship and financial support, as well as for funeral expenses and the pain and suffering the deceased experienced before their passing. These cases are complex and require an experienced attorney to prove the direct link between the product and the death.
Crucial First Steps After Suffering Harm from OPMS Kratom
The actions you take immediately after realizing you have been harmed by an OPMS product are critical to both your health and the strength of a potential legal claim. Preserving evidence and creating a clear record of events can make a significant difference in your ability to hold the manufacturer accountable. Taking these steps helps your attorney build a solid foundation for your case.
Seek Immediate Medical Attention
Your first priority should always be your health. If you are experiencing adverse symptoms like severe nausea, abdominal pain, seizures, or changes in heart rate, seek medical care right away. Visiting a doctor or hospital serves two essential purposes. First, it ensures you receive the proper diagnosis and treatment to prevent further harm. Second, it creates an official medical record of your injuries. This record, created by a healthcare professional, becomes a vital piece of evidence that formally documents your condition and can help establish a timeline linking your symptoms to your use of the OPMS product.
Preserve All Evidence
Physical evidence is powerful in a product liability case. It is essential that you preserve anything related to your purchase and use of the OPMS kratom. Do not throw anything away, even if the product is partially used.
Key items to preserve include:
- The Product Itself: Keep any remaining capsules, liquid shots, or powder in their original packaging. Your attorney may need to have the product independently tested for contaminants or alkaloid concentration.
- Packaging and Inserts: The bottle, box, or bag the product came in contains important information, such as lot numbers, manufacturing dates, and marketing claims.
- Proof of Purchase: Locate any receipts, bank statements, or credit card records showing where and when you bought the product. This helps establish the chain of distribution from the manufacturer to you.
Document Your Experience in Detail
While medical records provide a clinical overview, your personal account fills in the details. Start a journal or log to document your experience. Write down when you started using the product, how much you used, and the specific symptoms you experienced. Note the dates of doctor visits, any medications you were prescribed, and how the injuries have affected your daily life. This includes missed days from work, inability to participate in hobbies, and any emotional distress you have suffered. This detailed narrative will be invaluable for your attorney when calculating the full extent of your damages.
Identifying the Liable Parties in an OPMS Lawsuit
When you are injured by a defective product, it may seem like the manufacturer is the only party at fault. However, Georgia law allows you to hold any entity in the product’s “chain of distribution” responsible for your injuries. A skilled product liability attorney will investigate the entire supply chain to identify all potentially liable parties, which increases your chances of securing fair compensation.
The Manufacturer (OPMS)
The manufacturer is the primary defendant in most product liability cases. As the company that designed, created, and packaged the product, OPMS (and its parent company) bears the most significant responsibility for its safety. Lawsuits against them typically allege that they were aware of the product’s dangers but chose to market it without proper warnings or that their manufacturing processes were negligent, leading to a contaminated or dangerously potent product.
The Distributor or Wholesaler
Distributors and wholesalers are the middlemen who purchase products from the manufacturer and sell them to retail stores. They are also part of the chain of distribution and can be held liable for selling a defective product. Even if the distributor never physically altered the product, they profited from its sale and helped place it into the hands of consumers. Including them in a lawsuit can be a strategic move, especially if the manufacturer is based out of state or has complex corporate structures.
The Retailer
The store where you purchased the OPMS product, whether it was a local smoke shop, a gas station, or an online vendor based in Georgia, can also be held responsible. Under the principle of strict liability, a retailer that sells a defective product is legally liable for the harm it causes, regardless of whether they knew it was dangerous. This is because retailers have a responsibility to ensure the products they sell are safe. Suing the retailer can be advantageous because they are often local, making the legal process more straightforward within Georgia’s court system. An experienced attorney will evaluate the roles of the manufacturer, distributor, and retailer to determine the best legal strategy.
The Process of Filing Your Lawsuit in a Georgia Court
Initiating a lawsuit involves a series of formal legal steps. While your attorney will handle the complex procedures, understanding the general process can help you know what to expect. The journey begins with finding the right legal representation and proceeds through several distinct phases, each with a specific purpose.
The Initial Consultation and Investigation
The process starts when you meet with a product liability attorney for a free consultation. During this meeting, you will share your story and provide all the evidence you have collected, including medical records, the product packaging, and your personal notes. The attorney will evaluate the strength of your case and determine if it is viable.
If they believe you have a strong claim, they will begin a thorough investigation. This may involve:
- Sending the OPMS product to a specialized lab for testing to identify contaminants or confirm its chemical composition.
- Consulting with medical experts to get a professional opinion linking your injuries to the kratom product.
- Researching OPMS and its history, including any prior lawsuits or FDA warnings related to their products.
Drafting and Filing the Complaint
Once the investigation confirms the validity of your claim, your attorney will draft a legal document called a “complaint.” This document officially starts the lawsuit. It outlines the facts of your case, identifies the defendants (e.g., OPMS, the distributor, the retailer), explains the legal arguments (such as negligence and failure to warn), and specifies the damages you are seeking. The complaint is then filed with the appropriate Georgia court, typically the State or Superior Court in the county where you live or where the defendant conducts business.
The Discovery Phase
After the complaint is filed and served on the defendants, the “discovery” phase begins. This is the longest and often most complex part of the lawsuit. During discovery, both sides exchange information and gather evidence. Your attorney will use several legal tools to get information from OPMS and the other defendants, including:
- Interrogatories: Written questions that the defendants must answer under oath.
- Requests for Production: Demands for documents, such as internal company emails, product test results, and marketing materials.
- Depositions: In-person interviews where your attorney will question company representatives and other relevant witnesses under oath.
This phase is designed to uncover all the facts before a potential trial. Many cases are settled during or after discovery once the strength of the evidence becomes clear.
Calculating Damages: What Compensation Can You Seek?
In a successful OPMS kratom lawsuit, the compensation you can receive is intended to cover all the losses you have suffered due to your injuries. These losses, known as “damages,” are separated into different categories under Georgia law. A thorough calculation of damages is essential to ensure you receive a settlement or verdict that fully accounts for the harm you have experienced.
Economic Damages
Economic damages are the tangible financial losses that can be calculated with receipts, bills, and pay stubs. They are meant to reimburse you for out-of-pocket expenses and lost income.
Common economic damages include:
- Medical Expenses: This covers all costs related to your medical care, including hospital stays, doctor visits, prescription medications, and physical therapy. It also includes the estimated cost of any future medical treatment you may need.
- Lost Wages: If your injuries caused you to miss work, you can be compensated for the income you lost.
- Loss of Future Earning Capacity: If your injuries are permanent and prevent you from returning to your previous job or working at all, you can seek damages for the income you would have earned over the course of your career.
- Rehabilitation Costs: This includes costs for addiction treatment, counseling, or other rehabilitative services needed as a result of using the product.
Non-Economic Damages
Non-economic damages compensate you for the intangible, personal losses that do not have a specific dollar value but have a profound impact on your quality of life.
These damages include:
- Pain and Suffering: Compensation for the physical pain and emotional distress you have endured because of your injuries.
- Emotional Distress: This covers conditions like anxiety, depression, or post-traumatic stress disorder resulting from the traumatic experience.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or relationships that you once enjoyed, you can be compensated for this loss.
Punitive Damages
In some cases, a Georgia court may award punitive damages. Unlike the other types of damages, which are meant to compensate the victim, punitive damages are intended to punish the defendant for particularly reckless or intentional misconduct. According to O.C.G.A. § 51-12-5.1, punitive damages may be awarded if there is clear and convincing evidence that the defendant’s actions showed “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” For example, if it is proven that OPMS knew its product was contaminated with lead but sold it anyway, a jury might award punitive damages to deter them and other companies from similar behavior in the future.
Georgia’s Statute of Limitations and Why You Must Act Quickly
In any personal injury case, there is a strict deadline for filing a lawsuit. This deadline is known as the “statute of limitations,” and failing to meet it will permanently bar you from seeking compensation, no matter how strong your case is. Understanding and adhering to this timeline is one of the most important aspects of pursuing a legal claim.
In Georgia, the statute of limitations for personal injury claims is two years from the date the injury occurred or was discovered (O.C.G.A. § 9-3-33). The “discovery rule” can be particularly important in kratom cases. For example, a person might use an OPMS product for months without issue, only to be diagnosed with severe liver damage later. In that scenario, the two-year clock would likely start ticking from the date of the diagnosis, when the person reasonably should have known they were injured.
Scenario Example: Imagine a person in Atlanta begins experiencing severe abdominal pain in May 2023 after using OPMS kratom shots for several months. On June 1, 2023, a doctor diagnoses them with acute liver failure and directly links it to their kratom use. Under Georgia law, this person would have until June 1, 2025, to file a lawsuit. If they wait until July 2025, the court will almost certainly dismiss their case for being filed too late.
Two years may seem like a long time, but it can pass quickly. Building a strong product liability case requires extensive investigation, evidence gathering, and expert consultations. Contacting an attorney as soon as possible gives them the time needed to conduct a thorough investigation, secure crucial evidence before it is lost, and file your claim well before the deadline expires. Delaying action not only risks missing the statute of limitations but can also weaken your case as memories fade and evidence disappears.
Choosing the Right Georgia Attorney for Your Kratom Case
Selecting the right legal representation is arguably the most important decision you will make in your pursuit of justice. Not all personal injury lawyers have the specific skills and resources needed to take on a large corporation in a complex product liability lawsuit. You need an attorney with a proven track record in this specialized area of law.
Look for Product Liability Experience
When searching for an attorney, look for a firm that specifically highlights its experience with product liability, defective products, or dangerous supplement cases. These attorneys understand the unique legal arguments involved and are familiar with the tactics that corporate defense lawyers use. They will know how to conduct a deep investigation into a company’s manufacturing and marketing practices and will have a network of scientific and medical experts to call upon.
Understand Contingency Fee Arrangements
Most reputable product liability attorneys work on a contingency fee basis. This means you do not have to pay any upfront fees to hire them. The attorney’s fees are “contingent” on them winning your case. If they secure a settlement or a jury verdict in your favor, they receive a pre-agreed-upon percentage of the recovery. If they do not win, you owe them nothing for their time and effort. This arrangement makes high-quality legal representation accessible to everyone, regardless of their financial situation.
Questions to Ask During a Consultation
Your initial consultation is an opportunity to interview the attorney and determine if they are the right fit for you. Come prepared with a list of questions to help you make an informed decision.
Consider asking:
- “Have you or your firm handled cases involving kratom or other unregulated dietary supplements before?”
- “What is your experience with product liability lawsuits against large corporations?”
- “Who will be the primary attorney handling my case, and who will be my main point of contact?”
- “What resources does your firm have for expert witnesses, lab testing, and litigation costs?”
- “Can you walk me through your process and what I can expect if I hire your firm?”
The answers to these questions will give you a clear sense of the attorney’s expertise, communication style, and commitment to your case.
Holding a company like OPMS accountable for the harm its products cause is a challenging but necessary process. The first step is to document your injuries, preserve all related evidence, and understand the legal grounds for a claim under Georgia’s product liability laws. You must act within the state’s two-year statute of limitations to protect your right to seek compensation for medical bills, lost income, and the personal suffering you have endured.
What are the Elements Needed to Prove OPMS Kratom Lawsuit?
To win an OPMS Kratom lawsuit in Georgia, you must prove four key elements under product liability law (O.C.G.A. § 51-1-11):
- Defective Product: The OPMS Kratom was defectively designed, manufactured, or marketed (e.g., lacked warnings about overdose risks).
- Causation: The defect directly caused your injury or loved one’s death (e.g., mitragynine toxicity led to a seizure).
- Damages: You suffered losses, such as medical bills, lost wages, or emotional distress.
- Negligence or Strict Liability: The defendant (e.g., OPMS, retailer) was negligent or strictly liable for selling a dangerous product within 10 years of manufacture.
These cases are complex due to:
- Unregulated Industry: Kratom bypasses FDA approval, leading to inconsistent potency or contamination.
- Scientific Challenges: Proving mitragynine’s role requires expert testimony, as in Ethan Pope’s 2021 Georgia death.
- Multiple Defendants: Liable parties may include OPMS manufacturers, distributors, retailers, or advocacy groups like the American Kratom Association.
- Tort Reform: The 2025 law limits damages and adds procedural hurdles, like bifurcated trials.
- Time Limits: The two-year statute of limitations (O.C.G.A. § 9-3-33) demands swift action.
Frequently Asked Questions
What if the kratom user was partially at fault?
Georgia’s modified comparative negligence rule (O.C.G.A. § 51-12-33) allows recovery if the user is less than 50% at fault, with compensation reduced. We minimize liability with evidence like product defects.
How long does a kratom lawsuit take?
Settlements may take 6–12 months; lawsuits, with tort reform’s bifurcated trials, can take 1–3 years. We prioritize efficiency.
Can I file if the injury appeared later?
Yes, delayed injuries like liver damage are common. We use medical imaging and experts to link them to kratom.
What evidence strengthens a kratom lawsuit?
Key evidence includes:
- Kratom packaging, receipts, and lot numbers
- Medical records and toxicology reports
- Autopsy findings confirming mitragynine toxicity
- FDA warnings and scientific studies
- Expert testimony from toxicologists or pharmacologists