Top Signs You May Have a Claim Against a Kratom Brand Like OPMS in Georgia
TL;DR: You may have a valid claim against a kratom brand in Georgia if you experienced severe health issues after using their products. Key signs include developing serious medical conditions like liver failure, seizures, or cardiac problems. Another strong basis for a claim is suffering from a debilitating addiction and withdrawal that resulted in significant financial or personal harm, especially if the product was marketed as safe or non-addictive. Finally, if a loved one’s death is linked to kratom use, their family may have grounds for a wrongful death lawsuit.
The use of kratom has grown significantly across the United States, and Georgia is no exception. Sold in smoke shops, gas stations, and online, products from brands like OPMS are often marketed as natural wellness supplements. However, this growing popularity comes with serious concerns. The Centers for Disease Control and Prevention (CDC) has linked kratom to hundreds of deaths nationwide, and poison control centers receive numerous calls related to kratom exposure each year, highlighting a serious public health issue.
In Georgia, the legal landscape for kratom is particularly risky for consumers. The state has not passed any laws to regulate the sale, purity, or labeling of kratom products. This lack of oversight means that manufacturers and sellers are not required to test for contaminants like heavy metals or salmonella, nor must they provide accurate dosing information or warnings about potential dangers. Despite this unregulated environment, companies are not free from responsibility. Under product liability law, they still have a legal duty to ensure their products are reasonably safe for consumers. When they fail in this duty and people get hurt, there may be grounds for a legal claim. 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.
Understanding Kratom’s Legal and Health Landscape in Georgia
Georgia currently exists in a gray area when it comes to kratom. Unlike some neighboring states that have either banned it or passed the Kratom Consumer Protection Act (KCPA), Georgia has done neither. The KCPA is model legislation that, when adopted by a state, sets standards for kratom products. It typically includes requirements for labeling, age restrictions (prohibiting sales to minors), and testing for contaminants and alkaloid content. The absence of such a law in Georgia creates a “buyer beware” market where consumers have little to no information about the products they are purchasing.
This lack of regulation directly impacts consumer safety. Without state-mandated testing, a kratom product could contain dangerous levels of lead, nickel, or other heavy metals. It could also be contaminated with bacteria like salmonella. Furthermore, the potency of kratom products, especially concentrated extracts like OPMS shots, can vary wildly from one batch to the next. This inconsistency makes it impossible for a user to know how much of the active compounds, mitragynine and 7-hydroxymitragynine, they are consuming, which can lead to accidental overdose and severe health events.
The Dangers of an Unregulated Market
An unregulated market allows bad actors to thrive. Companies can make misleading claims about their products’ benefits without scientific backing and, more importantly, omit critical warnings about risks. They are not held to any standard for manufacturing practices, which can result in contaminated or dangerously potent products reaching store shelves. This environment places the entire burden of safety on the consumer, who has no way of verifying what is actually in the product they are taking. This failure to provide a safe, consistent, and honestly labeled product is often the central issue in a lawsuit against a kratom brand.
The FDA’s Stance on Kratom Products
The U.S. Food and Drug Administration (FDA) has not approved kratom for any medical use. In fact, the agency has issued numerous warnings to the public about its potential dangers. The FDA points to risks of addiction, abuse, and serious health consequences, including seizures, liver damage, and death. The agency has also conducted lab tests on various kratom products, finding significant levels of heavy metals in many samples. The FDA’s official position is that kratom has properties similar to opioids and carries similar risks. This federal stance, combined with Georgia’s lack of state-level regulation, creates a dangerous situation where a risky substance is sold with minimal to no consumer protection.
The Foundation of a Claim: Product Liability Law
Even without specific kratom laws, Georgia’s product liability statutes provide a path for holding manufacturers accountable. These laws state that a company that designs, manufactures, or sells a defective product can be held liable for the harm it causes. A product can be considered defective in three main ways, all of which are relevant to claims against kratom brands like OPMS.
A successful claim requires proving that the kratom product was defective and that this defect directly caused the user’s injuries or damages. This is where having an experienced attorney becomes critical, as they can gather the necessary evidence and expert testimony to build a strong case.
What is a Manufacturing Defect?
A manufacturing defect is an error that occurs during the production process. The product was designed to be safe, but something went wrong on the assembly line, making a specific batch or unit dangerous. In the context of kratom, this could include:
- Contamination: The product is tainted with harmful substances not intended to be there, such as salmonella, mold, or other bacteria.
- Heavy Metal Poisoning: The kratom was grown in contaminated soil or processed with dirty equipment, leading to unsafe levels of lead, nickel, arsenic, or mercury in the final product.
- Incorrect Formulation: A batch of kratom extract was mixed improperly, resulting in a product that is far more potent than advertised, leading to overdose.
The Critical Role of “Failure to Warn”
This is one of the most common grounds for a kratom lawsuit. A “failure to warn” claim, also known as a marketing defect, argues that the product was sold without adequate instructions or warnings about its potential risks. Many kratom products are sold with minimal labeling, often failing to mention:
- Addiction Potential: Many brands fail to warn consumers that kratom can be habit-forming and lead to a difficult withdrawal syndrome.
- Serious Side Effects: Labels often omit warnings about potential liver damage, seizures, respiratory depression, or heart problems.
- Drug Interactions: There are no warnings about dangerous interactions with other medications, such as antidepressants or blood pressure medicine.
- Safe Dosing: Products lack clear, scientifically-backed dosing instructions, leaving users to guess how much is safe to consume.
When a company markets a product as a “natural supplement” or “herbal remedy” while hiding its serious risks, it can be held liable for failing to provide consumers with the information they need to make a safe choice.
Proving a Design Defect in Kratom Products
A design defect claim argues that the product is inherently dangerous, even if it is manufactured perfectly and has warnings. The core of this argument is that the risks of the product’s design outweigh any potential benefits. For kratom, this could apply to highly concentrated extracts or shots. An attorney could argue that creating a product that delivers such a massive, concentrated dose of alkaloids is unreasonably dangerous by design. These products make it easy for a user to consume a toxic amount of mitragynine, leading to a much higher risk of overdose, addiction, and severe health complications compared to traditional kratom powder.
Sign #1: Severe Physical Health Complications
One of the clearest indicators of a potential claim is the development of a serious, unexpected medical condition after using a kratom product. While users might expect minor side effects like nausea, they do not expect to suffer life-threatening organ damage or neurological events. If you or a loved one used a product like OPMS and were subsequently diagnosed with a severe health issue, you should explore your legal options.
These conditions are not just minor inconveniences; they often require extensive medical treatment, hospitalization, and can result in permanent disability or a diminished quality of life. The costs associated with treating these conditions, along with lost income from being unable to work, can form a significant part of the damages in a lawsuit.
Documenting Liver and Kidney Damage
Kratom has been linked in medical literature to acute liver injury and failure. Symptoms can include jaundice (yellowing of the skin and eyes), dark urine, abdominal pain, and extreme fatigue. In some cases, the damage is so severe that the patient requires a liver transplant.
- Expert Tip: If you experience these symptoms, seek medical attention immediately. It is crucial to have medical records that document the diagnosis. Be sure to tell your doctor about your kratom use, as this will help them establish a link. These records are essential evidence for a potential claim.
Similarly, while less common, there are reports of kratom-associated kidney damage. Any form of organ damage is a serious injury that a manufacturer should warn consumers about.
Neurological Injuries Like Seizures
Another major red flag is the onset of seizures. Kratom, particularly at high doses or in concentrated forms, can affect the central nervous system and trigger seizure activity, even in individuals with no prior history of epilepsy. A seizure is a traumatic and dangerous event that can cause physical injury from falls, cognitive problems, and requires ongoing medical care. A lawsuit can help recover compensation for medical bills, neurological treatment, and the pain and suffering associated with such a frightening experience.
Scenario Example: A college student in Georgia starts using OPMS Gold shots to help with studying. After a few weeks of regular use, he has a grand mal seizure while driving, causing a car accident. Medical tests find no other cause for the seizure, and his doctors attribute it to high levels of mitragynine from the kratom extracts. His family would have a strong basis for a claim against the manufacturer for his medical bills, the cost of the accident, and his long-term neurological care.
Sign #2: Addiction and Severe Withdrawal Symptoms
Many kratom companies market their products as a safe, natural way to manage pain or boost energy, often comparing it to coffee. However, the primary alkaloids in kratom act on the same opioid receptors in the brain as morphine. This gives kratom a high potential for physical dependence and addiction. When a company fails to warn consumers about this risk, it can be held liable for the devastating consequences of addiction.
A claim based on addiction is not just about the user’s dependence. It is about the financial and emotional destruction that follows. The damages in such a case can be extensive and may include:
- Cost of Rehabilitation: Inpatient or outpatient treatment programs can cost tens of thousands of dollars.
- Lost Wages: Addiction can lead to job loss or an inability to maintain employment.
- Medical Bills: Costs for therapy, medication-assisted treatment, and other medical care.
- Pain and Suffering: The emotional and psychological toll of battling addiction and withdrawal.
The Misleading Marketing of Kratom as “Safe”
The core of an addiction-based claim often rests on the company’s misleading marketing. By promoting kratom as a harmless herbal supplement, companies create a false sense of security. Consumers, believing the product is safe, may use it more frequently or in higher doses than they otherwise would, accelerating the path to dependence. This is a classic example of a “failure to warn” defect. The company had a duty to inform consumers of the true, habit-forming nature of their product, and their failure to do so caused harm.
Calculating Damages from Addiction
Proving the financial impact of addiction is a key part of the legal process. It requires careful documentation. An attorney will work with you to gather evidence of the total cost of the addiction. This includes not only direct expenses like rehab bills but also indirect losses. For example, if you had to sell a car or drain your savings account to pay for kratom or treatment, those losses can be included. Testimony from family members about the changes in your behavior and the strain on your relationships can also be powerful evidence of the non-economic damages you have suffered.
Sign #3: Wrongful Death of a Loved One
The most tragic outcome of a dangerous product is the death of a user. If you have lost a family member and you believe their death was caused or contributed to by a kratom product, you may be able to file a wrongful death claim. In Georgia, these claims allow close surviving family members (such as a spouse, children, or parents) to seek justice and compensation for their loss.
A wrongful death lawsuit argues that the kratom manufacturer’s negligence or their defective product led to the person’s death. These cases are complex and require a thorough investigation to prove that the kratom product was a substantial contributing factor in the death. This often involves a close examination of the autopsy report, toxicology results, and medical records.
The presence of mitragynine in a toxicology report is a critical piece of evidence. Even if other substances are present, a case can still be made if an expert medical witness can testify that kratom toxicity played a direct role in the death, perhaps by causing respiratory depression or a fatal cardiac event. The compensation sought in a wrongful death claim is meant to cover the full value of the deceased person’s life, which can include their lost future income, loss of companionship, funeral and burial expenses, and the pain and suffering of the surviving family members.
Sign #4: 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.
Sign #5: 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).
Sign #6: 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.
Sign #7: 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.
Sign #8: 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.
Sign #9: 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).
Sign #10: 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.
Gathering Crucial Evidence for Your Kratom Claim
Whether your claim is based on a physical injury, addiction, or a wrongful death, its success depends on the strength of your evidence. If you believe you have been harmed by a kratom product, it is vital to start preserving evidence as soon as possible. Taking these steps can significantly strengthen your potential case.
An organized collection of documents and physical evidence provides the foundation your attorney needs to prove that the kratom product was defective and that it caused your damages. Without this proof, it is difficult to hold a manufacturer accountable.
The Importance of Preserving Product Packaging
Do not throw away the product packaging, bottles, or any leftover kratom. This is one of the most important pieces of physical evidence.
- Testing for Contaminants: The actual product can be sent to a lab for independent testing to identify heavy metals, bacteria, or other harmful substances.
- Identifying the Batch: The packaging contains lot numbers and other identifiers that can be used to trace the specific batch you consumed. This can be crucial if others were also harmed by the same batch.
- Analyzing Marketing Claims: The label itself is evidence. It shows what warnings were (or were not) present and what claims the company made about the product.
Why Medical Documentation is Non-Negotiable
Your medical records are the primary evidence of your injuries. These records provide a timeline of your health problems and contain a professional diagnosis from a doctor. It is essential to have documentation that clearly links your symptoms to your kratom use. This includes:
- Hospital admission and discharge papers.
- Results from blood tests, MRIs, and other diagnostic imaging.
- Notes from your doctors and specialists.
- Bills and receipts for all medical treatments, including therapy and rehabilitation.
The Role of Expert Witnesses
In product liability cases, the testimony of expert witnesses is often required. These are professionals in fields like toxicology, pharmacology, or neurology who can explain to a judge and jury how the kratom product caused your specific injuries. For example, a toxicologist could testify about how the level of mitragynine found in a product is dangerously high, while a hepatologist (liver specialist) could explain the scientific link between kratom and acute liver failure. Your attorney will be responsible for finding and retaining the right experts for your case.
Conclusion
The unregulated sale of kratom products in Georgia has left many consumers facing devastating health consequences with little warning. If you or someone you love has suffered from severe physical illness, a debilitating addiction, or death after using products from a brand like OPMS, you may have a right to hold the manufacturer accountable. The key signs of a valid claim are serious, documented harm directly linked to the use of the product, often compounded by the company’s failure to warn about its true dangers. From liver failure and seizures to the financial ruin of addiction, the damages caused by these products are real and significant.
Taking action is the first step toward seeking justice and compensation. It is important to understand that you have legal rights, and you do not have to bear the financial and emotional burden alone. Because of the statute of limitations in Georgia, which limits the amount of time you have to file a lawsuit, it is critical to act promptly. Contact a product liability lawyer with experience in kratom cases to discuss the specifics of your situation. A legal professional can evaluate your case, explain your options, and guide you through the process of holding a negligent company responsible for the harm they have caused.
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.