Products Liability Law Reporter

Patrick Coyne, 39, suffered from chronic pain and had a history of surgery and opiate drug use. He purchased Kratom Divine powder from Society Botanicals, LLC, and took the Kratom—a plant-based botanical from Southeast Asia—for approximately one year, increasing the dosage during this time. The morning after Coyne consumed alcohol with friends, his wife was unable to wake him. Attempts at resuscitation were unsuccessful, and a coroner confirmed that he died of the toxic effects of mitragynine, one of the two major psychoactive ingredients in Kratom. Coyne had been a boat mechanic and is survived by his wife and three minor children.

Coyne’s wife, individually and on behalf of his estate, filed suit against Society Botanicals, LLC, and its president, Wendianne Rook, alleging negligent labeling and product development, unsafe design, breach of the implied warranty of merchantability, and consumer protection violations arising out of the defendants’ unfair and deceptive business practices. The plaintiffs asserted that Kratom is brought into the United States labeled as “not for human consumption” and is known to cause organ damage, seizures, psychosis, and death. Among other things, the plaintiffs argued that the defendant should have warned its Kratom users not to combine the botanical with alcohol.

The jury awarded approximately $2.5 million, including $1.1 million in economic damages.

Citation: Coyne v. Rook, No. 20-2-00874-08 (Wash. Super. Ct. Cowlitz Cnty. July 18, 2023).

Plaintiff counsel: AAJ member Talis M. Abolins, Bainbridge Island, Wash.; and AAJ member Michael J. Cowgill, Sarasota, Fla.