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Family awarded $11 million in damages after woman's death from Kratom

  • By Al Mayadeen English
  • Source: News Websites
  • 30 Jul 2023 14:57
5 Min Read

The family of a woman who passed away two years ago is compensated with millions after she consumed kratom.

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  • Kratom is often used by people to self-treat pain, anxiety, depression and opioid addiction. (AFP/Getty Images)
    Kratom is often used by people to self-treat pain, anxiety, depression, and opioid addiction. (AFP/Getty Images)

The family of a woman from Florida who passed away in 2021 after consuming kratom has been granted over $11 million by a distributor of the herbal extract. Kratom, a substance with opioid-like properties, is sourced from southeast Asia and affects the brain similarly to opioids.

Judge Donald Middlebrooks, presiding over the federal courthouse in West Palm Beach, Florida, issued the final ruling on Thursday, holding the Kratom Distro company responsible for paying damages to Krystal Talavera's four surviving children and her estate.

“There is of course no amount of money that will make up for the pain and suffering that Ms Talavera’s children are enduring because of their mother’s death,” Judge Donald Middlebrooks discussed the penalty imposed on Kratom Distro in court records.

“The law nonetheless recognizes that the defendant must pay something, however inadequate,” Middlebrooks added.

Devin Filipelli, Talavera's eldest son, conveyed a statement to McClatchy News expressing his family's hope that the awarded compensation would draw attention to what he referred to as "the hazards of kratom," adding that “I am grateful for the judge’s decision, but no amount of money will bring my mom back or numb my pain."

On Saturday, Sean Michael Harder, the owner of Kratom Distro, declined to comment on Judge Middlebrooks's ruling or whether he would attempt to have it reversed. The judgment was made in default, indicating that the company did not participate in the legal proceedings to defend itself.

The US Drug Enforcement Agency (DEA) imposed stringent regulations in 2016 on kratom, a substance derived from the leaves of an evergreen tree. Kratom is frequently used by individuals for self-treatment of pain, anxiety, depression, opioid addiction, and withdrawal, according to experts.

The DEA's initial strict prohibition of kratom resulted in a strong and immediate negative reaction from the public, leading the agency to revoke the ban. As a result, kratom continued to be available for purchase both in physical stores and online.

However, despite the DEA's decision, the US Food and Drug Administration (FDA) has cautioned consumers about potential safety and addiction concerns related to kratom. The FDA advocates for further research to be conducted to gain a deeper understanding of both the substance and its components.

A friend of Krystal Talavera, who lived in Boynton Beach, Florida, introduced her to kratom several years before her death. Talavera's family stated that she considered kratom to be a safe and natural supplement. On 20th June 2021, Talavera's partner and father of her youngest child, Biagio Vultaggio, discovered her unconscious in the living room after she had ingested some kratom purchased online from the Kratom Distro.

Talavera, aged 39, was found face down on the floor next to an open bag of a kratom derivative known as "space dust." Vultaggio immediately called for paramedics, who rushed Talavera to the hospital. However, despite their efforts, she was pronounced dead at the hospital.

Following an autopsy, the cause of Talavera's death was attributed to acute intoxication from mitragynine, a key component of kratom. The local coroner, responsible for conducting Talavera's autopsy, noted in the report that at high concentrations, mitragynine produces opioid-like effects, including respiratory failure.

After Krystal Talavera's death, her son, Devin Filipelli, who had just graduated from high school the day before the tragic incident, filed a lawsuit against Kratom Distro in connection with his mother's passing. In subsequent court proceedings, Filipelli expressed how the profound grief caused by losing his mother had disrupted his plans to attend the University of Florida for college.

Benny Flores, Talavera's ex-husband, and father of two of her sons, shared that their children were struggling to cope with the untimely loss of their mother. One of the sons repeatedly asked when their mother would return, highlighting how the tragedy affected him. 

The law firm representing Talavera's family issued a statement revealing these emotional testimonies during the court proceedings.

Tamara Williams, an attorney representing Krystal Talavera's family, issued a statement emphasizing that the awarded judgment obtained by her clients should serve as a significant warning to the kratom industry. The verdict should prompt the industry to take notice of the potential dangers associated with kratom consumption.

In addition to the recent judgment, Williams's law firm secured a $2.5 million jury verdict in another lawsuit involving a kratom manufacturer in Washington state. This separate lawsuit was related to a wrongful death caused by kratom.

Michael Cowgill, a colleague of Tamara Williams, urged government officials to intervene and implement measures to safeguard other families from experiencing unnecessary deaths due to kratom overdoses. The hope is that appropriate actions will be taken to address the risks associated with kratom use and prevent further tragedies.

  • Krystal Talavera
  • US
  • Kratom Distro company
  • Kratom

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