Family of a Texas Man Files Wrongful Death Lawsuit After Kratom Overdose


Ennis, TX – (Nov 28, 2022) The family of a 29-year old Texas man, Dustin Hernandez, who died after drinking kratom tea, has filed a wrongful death lawsuit in Ellis County Court (Case No. 109825). The lawsuit alleges that Dustin Hernandez’s death was caused by kratom products imported, distributed, and sold by Jacob Fletcher; Shaman Supplies, LLC; Kono Labs; Whole Herbs Kratom; Perfection in Peace, LLC; and Chaney’s Tobacco Station, Inc.

The lawsuit says that Dustin died alone at work on March 25, 2021. A co-worker found him face down on the floor in his own blood after his overnight shift at a hotel in Ennis, Texas. During the night, Dustin drank Whole Herbs kratom tea and had a seizure, according to the complaint.

Kratom Business Claims Kratom Can Treat Disease

The Texas lawsuit alleges that Jacob Fletcher and his businesses, along with the stores where Dustin purchased the kratom, are responsible for Dustin’s death because they marketed and sold a defective, dangerous, and deadly product. 

The complaint alleges that the defendants advertised that kratom can treat anxiety, depression, PTSD, chronic pain, opiate withdrawal, and other serious illnesses. Kratom is not FDA tested or approved. 

CBS News Investigates Kratom Dangers

About mctlaw

mctlaw is a national law firm with offices in Seattle, WA; Sarasota, FL; and Washington, D.C. For questions about kratom litigation across the United States, contact attorneys Talis Abolins ([email protected]), Tamara Williams ([email protected]), or Michael Cowgill ([email protected]); or call 888.952.5242. You can find more information about kratom litigation at:

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