Label Mixup On Cannabis Products Leads To Wrongful Death Suit

A recreational marijuana manufacturer is now facing nine lawsuits after they mixed up CBD and THC products. A tenth lawsuit alleging wrongful death has yet to be filed but will be. According to an attorney representing the victims, they experienced marijuana intoxication after consuming the product that was labeled CBD. CBD is a non-psychoactive ingredient in the hemp plant. Folks believe it helps with digestion, reduces anxiety, and improves sleep. THC is the psychoactive compound that makes you feel high. Those who tend to enjoy CBD products do so because they want the relaxing side-effects without the craziness and paranoia. Hence why CBD enthusiasts would be particularly displeased by consuming THC.

Analyzing the wrongful death lawsuit 

An older man and his wife both consumed the mislabeled compound. Experiencing dizziness, confusion, and other symptoms, his doctors believed that he had a stroke. The man’s mental and physical health continued to diminish over the course of a few weeks until he died of COVID-19. His family believes that the mislabeled CBD is responsible for his death. Other individuals who had consumed the substance were also taken to the hospital with stroke symptoms, underwent unnecessary surgery and were terrified and panicked.

Analyzing the lawsuits 

Wrongful death is really a stretch, but the plaintiffs are barred by statute from suing anyone else for the patient’s death, including the hospital where he likely acquired COVID. While you can certainly sue a company for sending you to the hospital, you cannot sue that company if the hospital commits some form of negligence that causes your death. Then, you’re stuck suing the hospital. The problem? COVID immunity lawsuits prevent hospitals from being sued.

That does not mean that the plaintiffs cannot be compensated, but pinning a wrongful death to the company for initiating a series of events that ended with the man dying of COVID is probably too many steps removed from the chain. But the company did commit negligence that harmed its customers and will thus need to pay out claims related to those injuries.

The problem for the plaintiff is that the man did not die of acute marijuana intoxication. He died of COVID-19. While his health may have temporarily deteriorated and required hospitalization, it is the hospital’s job to keep COVID infections under control. A large cross-section of COVID infections came in clinic settings like hospitals and nursing homes. This includes a large percentage of deaths. However, COVID liability shields prevent hospitals from being sued for exposing their patients to COVID, even when the patient presents with stroke symptoms and does not have COVID when they enter the hospital. Nonetheless, you can’t blame a marijuana company for causing someone to die of COVID. Hence why the wrongful death is extremely unlikely to succeed.

It’s also worth noting that the vast majority of plaintiffs in these suits are elderly meaning that acute psychotic symptoms resulting from too much weed could trigger other health symptoms. The company would be responsible for a worsening condition caused by their product. COVID-19 is not, however, a “worsening” condition.

Talk to a Jacksonville Personal Injury Lawyer Today 

If you have sustained injury from the consumption of a product, you may be entitled to recover damages related to your injuries. Call today to schedule a free consultation with the Jacksonville personal injury lawyers at Gillette Law and we can begin the process of filing your claim.

Source:

opb.org/article/2021/12/12/oregon-wrongful-death-suit-cbd-thc-products-lawsuits-curaleaf-holdings/