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  • Dustin Hernandez
    Dustin Hernandez

Family of Ennis man file wrongful death lawsuit after Kratom overdose

Ellis County – The family of a 29-year-old Ennis man, Dustin Hernandez, who died after drinking kratom tea, has filed a wrongful death lawsuit in Ellis County Court (Case 109825).

The lawsuit alleges Hernandez’s death was caused by kratom products imported, distributed, and sold by Jacob Fletcher; Shaman Supplies, LLC; Kono Labs; Whole Herbs Kratom; Perfection in Peace, LLC; and Chaney’s Tobacco  Station, Inc.

Dustin died alone at work on March 25, 2021. A co-worker found him face down on the floor in his own blood after his overnight shift at a hotel in Ennis.

During the night, Dustin drank Whole Herbs kratom tea and had a seizure, according to the complaint. The medical examiner’s report states Dustin died from the toxic effects of mitragynine, which is the name for the plant used to make kratom.

Kratom is sold as a safe, all-natural dietary supplement, but the DEA lists it as a “drug and chemical of concern.”

The Texas lawsuit alleges that Jacob Fletcher and his businesses, along with the stores where Dustin purchased the kratom, are responsible for Dustin’s death because they marketed and sold a defective, dangerous, and deadly product.

The attorneys at mctlaw are on the frontline, holding the Kratom industry accountable for deaths from these products.

“Our team has filed wrongful death lawsuits across the country, including Oregon, Washington, Georgia, Florida, Texas, and Pennsylvania. In Texas, mctlaw is collaborating with the skilled attorneys at Schorr Law Firm PC.”

“Our goal at mctlaw is to bring awareness to the public and justice to families who have been affected,” says mctlaw attorney Tamara Williams.

The complaint alleges that the defendants advertised kratom can treat anxiety, depression, PTSD, chronic pain, opiate withdrawal, and other serious illnesses.

Whole Herbs claims to perform “strict laboratory testing on all products to ensure safety for customers.”

However, even lab tested kratom can be dangerous.

And, Kratom is not FDA tested or approved.

“Supporters of kratom are adamant kratom is a natural safe alternative to opioids, but in reality it’s not,” said Ms. Williams.

“Most, if not all kratom products, are sold to consumers without a warning label and without any dosage recommendations.

“Kratom is highly addictive, and people across the country are dying from its dangerous effects,” said Williams.

You can find more information about kratom litigation at:

Ellis County Press

208 S Central St. 
Ferris, TX 75125