Mctlaw Files Wrongful Death Lawsuit on Behalf of Florida Woman who Suffered Kratom Overdose

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The family of a Palm Beach County woman has filed a wrongful death lawsuit against Sean Michael Harder, of Grow LLC (d/b/a KD Incorporated and The Kratom Distro). The lawsuit alleges that Mr. Harder’s kratom products are responsible for the death of 39-year-old mother of four, Krystal Talavera.

Krystal died on Fathers Day 2021, just days after celebrating her oldest son’s high school graduation. Her fiancé found her collapsed face down on the floor of their kitchen in front of their infant son, when minutes earlier she was preparing breakfast for the family.

The family of a Palm Beach County woman has filed a wrongful death lawsuit (Case No. 9:22cv81731) against Sean Michael Harder, of Grow LLC (d/b/a KD Incorporated and The Kratom Distro). The lawsuit alleges that Mr. Harder’s kratom products are responsible for the death of 39-year-old mother of four, Krystal Talavera.

According to court documents, Krystal died on Father’s Day 2021, just days after celebrating her oldest son’s high school graduation. Her fiance found her collapsed face down on the floor of their kitchen in front of their infant son, when minutes earlier she was preparing breakfast for the family. The court documents allege that there was a cup of hot coffee and an open package of kratom made and sold by Kratom Distro next to Krystal’s unconscious body. She was pronounced dead at the hospital. The Palm Beach County Coroner says the cause of death was “acute mitragynine intoxication.” Mitragynine is the scientific name for the plant used to make kratom. Kratom is sold as a safe, all-natural dietary supplement but the DEA lists it as a “drug and chemical of concern.”

Kratom Products Failed to Warn Consumers
The wrongful death lawsuit filed by attorneys at mctlaw alleges that Sean Michael Harder, and his business are responsible for Krystal’s death because they marketed a dangerous product without warning consumers of what could go wrong. The complaint also alleges that Grow LLC and Kratom Distro marketed kratom as an all-natural medical cure-all (see exhibit B of the complaint).

Holding the Kratom Industry Accountable
The attorneys at mctlaw are on the frontline of holding the Kratom industry accountable for deaths from their products. Our team has filed wrongful death lawsuits across the country, including Oregon, Washington, Georgia, Florida, Texas, and Pennsylvania. “Krystal Talavera's family and all the other loved ones torn apart by kratom deserve justice,” says mctlaw attorney Tamara Willilams. “These lawsuits are an attempt to hold the kratom industry accountable for selling a highly dangerous drug while calling it a safe and natural herbal remedy.”

Attempts at Regulating Kratom
The Food and Drug Administration (FDA) issued several import alerts to the public concerning kratom. To date, kratom is not FDA-approved. In 2016 the Drug Enforcement Administration (DEA) tried to classify kratom as a schedule 1 drug, similar to heroin, ecstasy, and LSD. However, lobbyist groups like the American Kratom Association have successfully kept kratom off the DEA drug list, claiming it is safe and natural.

Widespread, Easy Access to Kratom
Kratom is incredibly easy to buy, which fuels a growing crisis. A few states and cities have banned kratom completely, including Alabama, Arkansas, Indiana, Tennessee, Vermont, Wisconsin, Washington, D.C, Denver, CO, Sarasota, FL, and San Diego, CA. For the rest of the country, Kratom is available to purchase with almost no restrictions. Kratom is sold at gas stations, smoke shops, bars, and online. Some states don’t even have laws in place to prevent sales to minors.

ABOUT mctlaw:
Mctlaw is a national trial law firm with offices in Seattle, WA; Sarasota, FL; and Washington, D.C. For questions about kratom litigation across the United States, contact attorneys Michael Cowgill at mcowgill@mctlaw.com, Tamara Williams at twilliams@mctlaw.com, Talis Abolins at tabolins@mctlaw.com or call 888.952.5242. You can find more information about kratom litigation at https://www.mctlaw.com/medical-product-liability/kratom-lawsuits/

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Gilda Dennis
mctlaw
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