Dad found dead in living room after using kratom, lawsuit says. Jury awards family $2.5M
Patrick Coyne and his wife had planned on picking up a motorcycle helmet in Portland, Oregon, as a Father’s Day gift from his family the day he was found unresponsive in his living room, according to a wrongful death lawsuit.
The 39-year-old father of three sat in his recliner to watch TV at his Castle Rock, Washington, home the night before they were to leave. The next morning, Sybil Coyne discovered him still in the chair — and thought he was sleeping — before realizing he wasn’t breathing, the lawsuit filed in the state says.
First responders’ attempts to revive Patrick Coyne proved unsuccessful on June 28, 2020, when he was pronounced dead, according to a complaint filed in December 2020.
His official cause of death was listed as the “toxic effects of mitragynine (kratom)” by the Cowlitz County Coroner, McClatchy News previously reported. Kratom, or Mitragyna speciosa, is a natural plant with origins in Southeast Asia and commonly sold as a herbal supplement in U.S. stores.
Now, a Cowlitz County jury has awarded Sybil Coyne and her family $2.5 million in damages after she filed a wrongful death lawsuit in December 2020 over her husband’s death, law firm mctlaw announced in a July 19 news release.
Twelve jury members found defendants Society Botanicals LLC — which sold the kratom product Patrick Coyne used and does business as Kratom Divine — and company owner Wendi Rook liable in connection with his death, according to mctlaw.
“This is the first jury verdict in a civil claim for damages against a kratom manufacturer or distributor in the United States,” the law firm said in a statement.
Rook and her company are responsible for paying $2.5 million to Sybil Coyne and her children, Talis Abolins, one of the attorneys representing the case for mctlaw, confirmed to McClatchy News.
McClatchy News contacted an attorney representing Rook and her company seeking comment July 21 and didn’t receive a response.
Rook declined a request for comment from McClatchy News on July 24.
She previously told McClatchy News her company had been selling the kratom product Patrick Coyne used “with no adverse reactions reported, other than a couple of people vomiting.”
She denied that his kratom usage played a role in his death.
“My family is grateful that the jury has seen the dangers of kratom, and that it does kill,” Sybil Coyne said in a statement.
More on kratom
Kratom is sold in U.S. stores and online, according to the Food and Drug Administration. About 1.7 million Americans, 12 and older, were reported to be kratom users in 2021.
The plant isn’t approved as a prescription or over-the-counter drug and isn’t “appropriate for use as a dietary conventional supplement,” the FDA says.
In smaller doses, kratom can produce stimulant effects, according to the Centers for Disease Control and Prevention. If taken in higher doses, it can produce effects similar to opioids.
While the FDA warns against consuming kratom over potential safety concerns and addiction risks, the agency supports further research to “better understand the substance and its components.”
It can be consumed by chewing the leaves, ingesting the leaves in powdered form, drinking a kratom infused beverage and more, the World Health Organization says.
Some reasons people use kratom and potential risks
People report using kratom for a variety of reasons, including pain relief, fatigue and to help curb drug withdrawal symptoms, according to the National Institute on Drug Abuse.
“Many individuals are using kratom as an alternative to opioids, and they’re using it to try to get off of prescription painkillers,” Christopher McCurdy, a professor of medicinal chemistry at the University of Florida and an internationally recognized kratom expert, previously told McClatchy News.
In Patrick Coyne’s case, he was regularly using Kratom Divine’s Maeng Da tea to help manage his chronic back pain, according to the lawsuit.
While uncommon, there have been reports of psychiatric, heart, gastrointestinal and liver issues related to kratom — as well as reports of associated deaths, which are considered rare, according to the NIDA.
The jury’s verdict
The lawsuit filed over Patrick Coyne’s death argues he wouldn’t have died if the kratom product he purchased — Kratom Divine’s Maeng Da tea — displayed proper warnings on its packaging regarding health risks.
According to a special jury verdict form, on July 18, the jury held Rook and Society Botanicals liable on several claims and found:
Negligence when it came to product labeling.
Such negligence was a “proximate cause” of Patrick Coyne’s death.
The company sold a product “that was not reasonably safe in design.”
The design was a “proximate cause” of Patrick Coyne’s death.
The company breached the “implied warranty of merchantability.”
Such breach was a “proximate cause” of Patrick Coyne’s death.
As a result, $1.4 million was awarded to Sybil Coyne and her children for non-economic damages and $1.1 million for economic damages, the jury verdict shows.
The jury also found Society Botanicals committed an unfair or deceptive act in violation of the Consumer Protection Act, resulting in the family being awarded $1,040, the form shows.
“This verdict sends a message to the kratom industry that they will pay for hurting people,” Abolins said in a statement.
Abolins wants the public to remain cautious.
“While kratom is not the enemy — and it may lead to great breakthroughs with appropriate study by people who are familiar with what it takes to make something safe for the human body — don’t trust the industry,” Abolins previously said.
This story was originally published July 24, 2023 at 1:46 PM with the headline "Dad found dead in living room after using kratom, lawsuit says. Jury awards family $2.5M."
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