$10 Million Lawsuit Filed Against Herbal-RVA LLCFollowing Death Linked to Kratom Products

Breit Biniazan has filed a legal complaint on behalf of the family of Nathan Roose, seeking $10 million in compensatory damages and $350,000 in punitive damages against Herbal-RVA LLC and its owner Johnathan Fisher. This lawsuit arises from the tragic death of Nathan Roose, which plaintiffs allege was caused by the consumption of defective kratom products sold by the defendants.

Nathan Roose, who was a resident of Knoxville, Iowa, consumed the kratom products “Green Maeng Da” and “White Maeng Da” on December 7, 2023. Shortly after consumption, Roose experienced a seizure and was pronounced dead at the Knoxville Hospital & Clinics-Knoxville from acute mitragynine toxicity. Kratom, a psychoactive substance derived from the Mitragyna Speciosa tree, has been linked to severe health risks including addiction and death.

Herbal-RVA LLC is a for-profit corporation based in Mechanicsville, Virginia, specializing in the sale of kratom health supplements. The complaint accuses Herbal-RVA LLC and its owner, Johnathan Fisher, of gross negligence, failure to warn, and breaches of warranty in the distribution of products that have been deemed unsafe and are not approved by the FDA.

The complaint alleges that the defendants marketed and sold kratom products in a dangerously defective state, without proper warnings about the severe risks associated with their use. The lawsuit also claims that the defendants violated the Virginia Consumer Protection Act by misleading consumers about the safety and efficacy of their products as well as selling to a vulnerable person pursuant to Virginia law. The lawsuit alleges that large quantities were sold to the decedent by the defendants up to a day or two before he died of acute kratom toxicity.

Kratom, also known as “mitragynine,” is derived from the Mitragyna Speciosa tree, which is native to Southeast Asia. It is a drug that may cause addiction and adverse health effects. Kratom contains the alkaloid mitragynine and the metabolite 7-hydroxymitragynine. The alkaloid mitragynine and the metabolite 7-hydroxymitragynine may cause addiction and adverse health effects, including death. Kratom is a complicated psychoactive substance, and its effects are dose dependent. Small doses of kratom produce effects resembling the stimulant effect of drugs such as cocaine or amphetamines. Larger dosages of kratom tend to be associated with sedative-narcotic effects that resemble drugs such as morphine and heroin.

According to the complaint, the kratom products sold by Herbal-RVA LLC were designed, manufactured, and distributed with full knowledge of their hazardous nature. Despite this, they were marketed to vulnerable individuals like Nathan Roose without adequate warnings or safety measures. The plaintiffs assert that the defendants’ actions were driven by profit, showing a reckless disregard for consumer safety.

“This lawsuit is a critical step towards holding Herbal-RVA LLC and Johnathan Fisher accountable for their blatant disregard for consumer safety,” said Michael Imprevento, Esquire. “The tragic loss of Nathan Roose highlights the urgent need for stricter regulations and accountability in the sale of potentially deadly substances.”

The plaintiffs are seeking damages for the loss of companionship, emotional distress, and financial support that Nathan Roose provided to his family, as well as punitive damages to address the recklessness exhibited by the defendants.