The personal injury attorneys at McWhirter, Bellinger & Associates are actively reviewing and investigating cases of serious adverse effects reported by individuals who have consumed products containing Kratom.
What Is Kratom?
Kratom, also known as Mitragyna speciosa, is an herbal leaf derived from tropical trees found in Southeast Asia, particularly in countries like Thailand, Malaysia, and Indonesia.
Kratom’s main ingredient is mitragynine. This ingredient works in the brain similar to some painkillers. It latches onto opioid receptors and also affects other brain systems that involve serotonin, dopamine, norepinephrine (these are chemicals that help our brain cells communicate and can affect our mood), and kappa opioid receptors.
In the United States, kratom has made its way into the market through various channels, including online retailers and physical stores like gas stations. You can find kratom in several forms, such as powders, pills, chewable tablets, gummies, and liquid formulations.
Kratom Side-Effects
Manufacturers of Kratom have promoted their products as safe and effective, despite numerous reports of seizures, brain injuries, severe addiction, and deaths. Our team continues to investigate cases of serious adverse effects reported by individuals who have consumed products containing Kratom.
Kratom has become a hot topic lately, sparking quite a debate due to its potential side effects and safety concerns. While some people turn to Kratom for its stimulating effects, it’s crucial to be aware of the possible downsides. Users have reported experiencing issues like aggression, anxiety, nausea, and vomiting.
In more serious cases, healthcare professionals have observed a range of adverse effects, including seizures, psychiatric issues, cardiovascular problems, gastrointestinal distress, respiratory complications, and even death.
The U.S. Drug Enforcement Administration (DEA) considers Kratom a drug of concern. Between 2014 and 2019, poison control centers in the U.S. received over 3,400 reports related to kratom use. The Substance Abuse and Mental Health Services Administration estimates 1.7 million Americans aged 12 and older used Kratom in 2021.
At the federal level, the legal status of kratom remains in a grey area. The FDA has not approved kratom for any medical use, and the DEA has listed it as a “drug of concern.” In October 2023, a federal Kratom Consumer Protection Act (KCPA) was introduced in the Senate, but it has not yet been passed.
Recent court decisions regarding alleged kratom-related deaths have been tied to the failure of product manufacturers to provide labeling instructions for responsible use and to disclose little or no information on the actual risks.
In some states, kratom is classified as a controlled substance, making its sale, possession, and use illegal. That states include:
- Alabama: Classified as a Schedule I controlled substance since 2016.
- Arkansas: Banned in 2016; kratom is listed as a controlled substance.
- Indiana: Classified as a synthetic drug and banned under state law.
- Rhode Island: Kratom is a controlled substance, making its sale and possession illegal.
- Vermont: Banned due to the inclusion of kratom’s alkaloids on the controlled substances list.
- Wisconsin: Classified as a Schedule I substance, making it illegal.”
What To Do If You Believe You Suffered Because Of Kratom
If you suspect that Kratom caused a serious injury, reaction, or health complication, the steps you take right now can make a tremendous difference in both your recovery and your potential legal claim. Many people initially dismiss their symptoms or don’t connect them to Kratom until things get worse. We encourage you to treat any unusual or severe reaction seriously.
- Seek immediate medical care.Your health is the priority. Kratom-related injuries can involve seizures, organ damage, respiratory issues, or dangerous interactions with other medications. A doctor can document your symptoms, rule out other causes, and create a medical record that becomes important later.
- Preserve the product and packaging.Do not throw away the Kratom you used, even if the container is nearly empty. The packaging, labels, batch numbers, and contents can serve as critical evidence of defective manufacturing, contamination, or improper warnings.
- Record your symptoms and timeline.Write down when you took the product, how much you used, when symptoms began, and how your condition progressed. This information helps our attorneys connect the product to your injury.
- Avoid speaking with manufacturers or insurers.Some companies may try to shift blame or minimize what happened. You don’t have to answer their questions or sign anything.
- Contact a product liability attorney as soon as possible.Product injury claims are time-sensitive. South Carolina generally has a three-year statute of limitations for personal injury lawsuits, and waiting too long can jeopardize your case.
Our team at McWhirter, Bellinger & Associates can step in quickly, investigate the product, preserve evidence, and determine whether you may be entitled to financial compensation.
Do I Need a Defective Product Lawyer?
Yes, if Kratom harmed you in any way, working with a defective product lawyer is incredibly important. Claims involving herbal supplements, mislabeled products, or chemically active compounds like mitragynine require detailed scientific review, expert testimony, and knowledge of product liability law.
Kratom cases are especially complex because:
- Products often contain inconsistent levels of active ingredients, leading to unpredictable or dangerous reactions.
- Labels frequently fail to warn about the risks of seizures, respiratory failure, addiction, or death.
- Manufacturing facilities are loosely regulated, which means some products may be contaminated with heavy metals or other substances.
- Companies market Kratom as “safe,” “natural,” or “therapeutic”, even though it is not FDA-approved and carries serious documented dangers.
- Deaths and severe injuries are increasingly tied to the lack of proper instructions, dosage warnings, and risk disclosure.
These factors create a strong basis for a defective product claim, but proving it requires a legal team with experience, resources, and the ability to stand toe-to-toe with product manufacturers and distributors.
At McWhirter, Bellinger & Associates, we routinely handle complex product liability cases and understand how to build solid claims based on medical evidence, toxicology findings, and federal/state regulatory issues.
What Compensation Is Available?
If Kratom caused your injury or a loved one’s death, you may be eligible to pursue compensation for the full scope of losses you’ve suffered. Depending on your case, damages may include:
Economic Damages
- Emergency room treatment
- Hospitalization and intensive care
- Diagnostic testing
- Prescription medications
- Rehabilitation or long-term care
- Lost wages and inability to work
- Future medical needs
Non-Economic Damages
- Physical pain and suffering
- Psychological trauma, anxiety, or depression
- Loss of enjoyment of life
- Permanent disability or impairment
Wrongful Death Damages
If a family lost someone because of Kratom-related complications, they may be able to recover compensation for medical bills, funeral costs, loss of financial support, and loss of companionship.
Punitive Damages
These may be available if the manufacturer acted recklessly, for example, selling a product with known risks while providing little to no warnings.
Our attorneys investigate every pathway to secure the maximum compensation the law allows. These cases are about holding companies accountable and ensuring injured consumers aren’t left carrying the financial burden of a dangerous product.
How McWhirter, Bellinger & Associates Helps Kratom Injury Victims
When you work with us, you’re hiring a product liability team that knows how to investigate defective supplements, mislabeled substances, and unsafe compounds. We work with toxicology experts, pharmacologists, medical specialists, and investigators who help us get to the truth.
Here’s what we handle for you:
- Reviewing your medical records and injury history
- Analyzing the Kratom product, packaging, and chemical composition
- Identifying contamination, improper labeling, or misleading claims
- Determining whether the manufacturer violated safety or labeling standards
- Consulting with medical and scientific experts
- Calculating the full extent of your losses
- Negotiating aggressively with manufacturers and insurers
- Filing a lawsuit if the other side refuses to take responsibility
You deserve clarity, honesty, and legal support from a team that puts your wellbeing first. We offer all of that, and we do it without charging upfront fees.
Our Product Defect Lawyers Are Here To Help!
The personal injury lawyers at McWhirter, Bellinger & Associates are highly experienced in product liability cases and would be happy to provide you with a free case evaluation. Our law firm has seven convenient offices across the Midlands of South Carolina, and we are reachable by phone at 803-702-8615. There is absolutely no obligation to hire us after speaking to us, so give us a call today. It won’t cost you anything to see if we can help.®
