A 34-year-old Colorado man collapsed at work near his truck after he consumed a kratom product he had been taking for chronic pain, according to a wrongful death lawsuit filed by his wife.
A co-worker found Robert Simmons, a “loving” husband and father of four, on the ground after he experienced “seizure like activity” on Sept. 27, 2023, a complaint says. Emergency services took Simmons to a nearby hospital where he was pronounced dead.
The Weld County coroner determined, based on an autopsy and toxicology reports, that Simmons died from “acute mitragynine (kratom) toxicity,” according to the complaint filed Sept. 26.
Mitragynine is one of the main psychoactive components of kratom, a tree that grows naturally in Southeast Asia. Kratom’s reported uses include self-treatment of pain, opioid withdrawal, anxiety and depression, according to the World Health Organization.
In the days leading up to Simmons’ death, and on the day he died, Simmons was taking kratom products sold under the OPMS brand — OPMS Silver Super Green Borneo kratom powder — that he bought from One Love smoke shop in Greeley, the complaint says.
He used it to help ease his chronic pain, according to the complaint, while believing it “was all natural and safe.”
Simmons “was known as a hardworking family man who took pride in supporting his wife and four young children,” according to a news release issued by mctlaw, which represents his wife, Erika Simmons.
Simmons is suing One Love Smoke Shop, its owner, and several companies linked to selling and producing OPMS kratom products, which the lawsuit says have been connected to other deaths and is one of the most “popular” and “profitable” kratom brands in the U.S.
The companies are accused of misleading consumers into believing OPMS kratom products were natural and safe through marketing and packaging — and are each “alter egos of one another and operate as a secretive web of affiliates,” the complaint says.
The lawsuit also names two men, Peyton Palaio and Mark Jennings, who are accused of being deeply involved with the OPMS brand, and the companies JOPEN, LLC, Martian Sales, Johnson Foods LLC, LP IND. Inc., Olistica Life Sciences Group and two companies doing business as Jordan Process.
“These defendants have deliberately set up a network of shell companies to import, market, and sell kratom to consumers with one goal in mind, financial gain,” mctlaw attorney Tamara Spires, who represents Robert Simmons’ family, said in a statement.
One Love Smoke Shop and the companies didn’t immediately respond to McClatchy News’ requests for comment Oct. 1. McClatchy News was unable to reach Palaio and Jennings for comment.
With her lawsuit, Erika Simmons demands a jury trial.
She married Robert Simmons, who was from Greeley, on June 29, 2017, in Denver, according to his obituary, which describes her as “the true love of his life.”
Simmons was “genuine & kind” and “an incredibly true loving man who dedicated all of his time, all of his love, and every bit of himself to his wife and children,” his obituary says.
The FDA’s warning about an OPMS kratom product
Kratom has been used for centuries in Southeast Asia and can be consumed in a variety of ways. In the U.S., products sold as kratom are marketed as having therapeutic benefits, but they aren’t legal.
The Food and Drug Administration says there hasn’t been enough scientific data to assess kratom’s safety.
The FDA issued a warning on July 26, saying an OPMS kratom product, OPMS Black Liquid Kratom, should be avoided after one user’s death.
That death is one of several “serious” reports linked to the product advertised as a “kratom extract,” according to the agency, McClatchy News previously reported.
OPMS Black Liquid Kratom is to blame for the death of 23-year-old Ethan Pope in December 2021, according to a lawsuit filed by his family in Georgia, McClatchy News reported.
According to the FDA, OPMS Black Liquid Kratom is also “linked to serious adverse health effects,” including withdrawal symptoms, addiction, digestive problems, aggression, heightened anxiety and restless leg syndrome.
‘Dangerous and deceptive’
Kratom, which can produce stimulant effects, as well as effects similar to opioids, is being studied, including for potential medicinal benefits, the National Institutes of Health reported in August 2022.
Kratom products on the market have been found to have “harmful contaminants,” including heavy metals and bacteria, according to the NIH.
The lawsuit over Simmons’ death says several other lawsuits have been filed over deaths tied to OPMS kratom products.
The companies behind the sales of OPMS kratom are liable because they “knew that they were unlawfully selling the products to customers for medicinal purposes,” they never warned customers about risks, and their products’ packaging lacked warnings and instructions, the complaint says.
The companies “rely on an evolving web of undercapitalized shell entities and fictitious business names to avoid responsibility for deaths and injury caused by their kratom products,” according to the complaint.
In her statement, Spires said “this case seeks to expose the dangerous and deceptive business practices used by kratom companies like those behind O.P.M.S. kratom products.”
The lawsuit seeks an unspecified amount in economic damages and non-economic damages.
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