Washington family awarded millions in herbal supplement lawsuit
by Benjamin Treviño | October 12th, 2023 | Blog, Lawsuit
According to The Daily News newspaper, a Cowlitz County, Washington jury has awarded $2.5 million to a Castle Rock family following a wrongful death lawsuit. 39-year-old Patrick Coyne, who suffered from back pain, died from ingesting a pain reliever called kratom, which is not regulated by the Food and Drug Administration.
A 12-member jury ruled in August in favor of Sybil Coyne and her late husband’s estate that Wendianne Rook and her Oregon-based company, Society Botanicals, were liable because the Kratom product she sold was not reasonably safe in design, its labeling was negligent, and that those factors led to Patrick’s death, according to court records.
Kratom is a tree native to Southeast Asia and its leaves are packaged in pills, powders or drinks and sold as an all-natural supplement that can relieve pain, anxiety, and opioid withdrawals.
Patrick Coyne — a Portland boat mechanic with a history of back pain — took Rook’s powdered product, “Kratom Divine’s Maeng Da,“ several times a day at both work and home the lawsuit alleged.
He was found dead, sitting in a recliner in the family’s home on June 27, 2020. A bag of Kratom was found near the body of Patrick Coyne, who left behind three children under the age of around 13, according to the lawsuit. Kratom is legal in Washington state, but some states have laws against possessing or selling the marketed supplement.
Rook declined to comment on the verdict to The Daily News.
Kratom is legal in Texas, however, it is regulated. As long as you’re over 18, you can buy kratom in Texas, and starting on September 1, 2023, all places that sell kratom in Texas will have to meet the state’s regulatory guidelines for consumer safety and knowledge.
Losing a loved one is always painful, but the pain and anguish are only compounded if the death was preventable, and was caused by another person’s carelessness, disregard for safety, or product liability. The bereaved family of a person who dies as a result of another’s negligent or wrongful actions may be entitled to seek justice on behalf of their loved one.
Here are the main steps in wrongful death claims in Texas:
Talk to a lawyer
The complex rules around wrongful death claims require the help of a wrongful death lawyer. Start the process as soon as possible to avoid running up against time limits set forth in the statute of limitations. Under Texas law, the surviving family or the deceased’s estate has two years from the date of the deceased’s death to file a lawsuit.
Get a death certificate
Before you can begin the wrongful death claims process, you must have a death certificate that documents the fact and cause of the deceased’s death. You can obtain one at the county clerk’s office in the county where the victim died or by requesting a certificate online from the Texas Department of State Health Services.
Did the deceased leave a will?
If your family member left a will, it should identify the executor or personal representative of the estate. That designated individual can file a wrongful death claim, survival action, or both on behalf of the deceased and their family. If there’s no will, the courts will name a personal representative of the deceased’s estate.
Investigation of death
Your claim will need to demonstrate the defendant’s negligence in order to recover compensation. Your attorney can help you gather persuasive evidence, such as medical records, accident reports, eyewitness accounts, and photos from the accident scene.
Identify eligible survivors
Only certain family members and the representative of the decedent’s estate are eligible to file wrongful death claims. These individuals must be identified and notified before any wrongful death claim can proceed.
Document the losses
To demand the maximum amount possible through a wrongful death claim, the deceased’s surviving family members and their attorney will need to list all the harm they’ve suffered due to the deceased’s untimely death.
Call J. Gonzalez
Wrongful death lawsuits will never fully compensate families for everything they lost when a loved one has died. However, many families can get a sense of closure by holding whoever caused the accident legally responsible. At the J. Gonzalez Law Firm, our experienced and empathetic attorneys are ready to help you with a wrongful death case. To find out more, you can call our office at 1-800-CAR-CRASH, use our live chat service, or visit our contact page on this website.
