7-OH Kratom Wrongful Death Lawsuit Alleges Products Caused Fatal Overdose

Federal insurance dispute brought separately seeks to determine whether company coverage applies to claims stemming from the alleged fatal 7-OH kratom overdose.

A South Carolina woman has filed a lawsuit alleging her 36-year-old husband died from an overdose involving kratom and 7-hydroxymitragynine, or 7-OH, after allegedly becoming addicted to products sold by Charlotte-area vape shops.

The complaint (PDF) was brought by Kristin Mills on behalf of the estate of her deceased husband, James Patrick “Pat” Mills, in North Carolina Superior Court on July 10. The lawsuit names numerous companies and individuals as defendants, including operators of High Life Smoke shops and Vapor Smoke Shop locations, as well as Hydroxie LLC and its owners, Timothy Shaw and Adam Israel.

Mills’ allegations are now at the center of a separate federal insurance dispute filed by Kinsale Insurance Company in the U.S. District Court for the Southern District of California on September 11. The insurance company is seeking a declaration that it has no duty to defend or indemnify defendants Hydroxie, Shaw and Israel in connection with Mills’ lawsuit.

Kratom Addiction Concerns

Kratom is a psychoactive substance derived from the leaves of the Mitragyna tree, which is native to Southeast Asia. Products containing kratom are widely sold online and through gas stations, convenience stores, smoke shops and wellness retailers, often marketed as dietary supplements.

The substance contains compounds that act on some of the same brain receptors affected by opioids such as morphine and heroin. Kratom is sold in forms such as powders, capsules, tablets, concentrated extracts, shots, gummies and beverages. However, the U.S. Food and Drug Administration (FDA) has not approved kratom for the treatment of any medical condition.

Federal regulators have also raised concerns about the potential for kratom products to cause addiction and serious health problems. Last month, the U.S. Drug Enforcement Administration (DEA) placed three highly potent kratom-related opioids into Schedule I, citing concerns involving addiction, respiratory depression and other potentially serious risks.

These kinds of safety concerns have also led to a number of kratom lawsuits, which allege manufacturers failed to adequately disclose the risk that their products may cause addiction, withdrawal symptoms and other health complications.

7-OH Kratom Wrongful Death Allegations

According to Mills’ original complaint, she found her 36-year-old husband, Pat Mills, on the floor near a downstairs bathroom at their Lancaster, South Carolina, home on July 11, 2024. He was blue and unresponsive, and neither emergency personnel nor doctors at a hospital in Monroe, North Carolina, were able to revive him.

Mills maintains her husband began buying kratom and 7-OH products from High Life Smoke shops and Vapor Smoke Shop locations in Charlotte. She indicates that the products were presented as natural and safe and could even be used to help consumers overcome addiction.

However, the lawsuit alleges Mills’ husband did not understand the difference in potency and addictive characteristics between traditional kratom and concentrated 7-OH. It says that he eventually became addicted and experienced withdrawal symptoms when he was not using the products. During the 15 days immediately preceding his death, Mills allegedly spent more than $5,600 on 7-OH products.

Mills argues the vape shop defendants knew the 7-OH products sold to her husband were marketed as “kratom,” despite what she describes as dramatically different potency and addictive potential. She also claims the products he purchased contained 7-OH concentrations many times greater than levels naturally present in kratom.

“The drugs that killed Pat were mitragynine and hydroxymitragynine, commonly referred to and marketed as Kratom and 7-OH or Hydroxy. They were sold as natural substances that are safe, help the consumer feel better, and which could even help the consumer overcome addiction. In fact, they are addictive and deadly.”

— Kristin Mills v. Gautam Savla et al.

Mills raises allegations of personal injury and wrongful death, negligence, gross negligence and willful and wanton action, fraud and product liability. It seeks damages for care and treatment, pain and suffering, funeral expenses and other injuries.

Kinsale issued a life sciences general liability policy covering Hydroxie and related insureds. However, it has since filed a separate federal declaratory judgment action against Hydroxie, Shaw and Israel, asking the court to find that it had no duty to defend them in the Mills lawsuit and therefore has no obligation to cover any resulting liability.

Kratom Addiction Lawsuits

As concerns continue to grow about the potential for addiction and serious health complications, personal injury lawyers are reviewing kratom lawsuits for individuals who experienced severe side effects or injuries that may include:

• Kratom addiction or physical dependence
• Serious withdrawal symptoms
• Heart problems, including rapid or abnormal heart rhythms
• Seizures
• Liver or kidney injuries
• Respiratory depression and difficulty breathing
• Fatal overdoses or other kratom-related deaths

Kratom injury lawyers handle these claims on a contingency fee basis, which means individuals pay no legal fees or case expenses unless a settlement or jury award results in financial compensation.

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