Family Files Lawsuit Over Kratom-Related Death

The family of Robert Simmons, a 34-year-old resident of Colorado, has initiated legal proceedings with a wrongful death lawsuit against multiple entities connected to the production and distribution of O.P.M.S., a kratom brand. Kratom, a controversial substance, has been associated with various health concerns, including reports of addiction and fatalities. The lawsuit accuses the defendants of misleading consumers by failing to provide comprehensive information about the health risks of kratom and neglecting to include appropriate warnings on product labels.

This legal action follows the tragic death of Simmons on September 27, 2023, while he was working in Greeley, Colorado. Reports indicate that he collapsed near his vehicle after consuming O.P.M.S. Silver Super Green Borneo kratom powder, which he had purchased from One Love Smoke Shop in Greeley. His death was subsequently attributed to acute mitragynine toxicity, commonly known as kratom toxicity, according to the Weld County Coroner.

The lawsuit, filed on September 23, 2024, in Weld County District Court (Case No. 2024CV30847) by Simmons’ widow Erika Simmons, claims her husband was deceived by marketing practices that presented kratom as a safe natural remedy. The complaint outlines that Simmons sought kratom for pain management, trusting in its advertised benefits due to inadequate warnings of the potential hazards associated with its use.

Attorney Tamara Spires of the national law firm mctlaw, representing the Simmons family, stated, “These defendants have deliberately set up a network of shell companies to import, market, and sell kratom to consumers with one goal in mind, financial gain. This case seeks to expose the dangerous and deceptive business practices used by kratom companies like those behind O.P.M.S. kratom products.”

The lawsuit highlights a significant issue, as the U.S. Food and Drug Administration (FDA) has not approved kratom for medical use and has previously issued alerts warning about its safety. The defendants named in the lawsuit include One Love, Inc. (d/b/a One Love Smoke Shop), Jonah V. Ricke, JOPEN, LLC, Martian Sales, Inc., Johnson Foods, LLC, LP IND. Inc., Olistica Life Sciences Group, FMK Group, LLC (d/b/a Jordan Process), PNW Holdings, LLC (d/b/a Jordan Process), Payton Shea Palaio, and Mark Jennings.

The unfolding case is part of a larger national dialogue surrounding the safety and regulation of kratom products amid escalating reports of adverse effects associated with their consumption. mctlaw, representing clients nationwide, specializes in complex litigation involving wrongful deaths and hazardous supplements.