UPDATE: Amazon lawsuit over NWA poppy seed death continues

FOX24

UPDATE: Steve Hacala Sr. sent Fox 24 a statement in response to the announcement that Amazon lost its bid to throw out a suit tying a fatal overdose to morphine-laced poppy seed tea.

“Although early in the process, we are pleased with the court’s decision to allow the case to proceed,” Hacala said. “Our ultimate goal is to save lives, educate the public and get these morphine-laced seeds off the market. We view this civil case and other actions we are taking as necessary steps to achieve that goal.”

ROGERS, Ark. (KFTA) — Amazon has lost its bid to throw out a suit tying a fatal overdose to morphine-laced poppy seed tea.

Amazon and retailer Sincerely Nuts argued that Stephen Hacala Jr. broke the chain of causation when he made the tea from the unwashed seeds to try and combat insomnia.

Amazon has yet to argue immunity and non-seller status.

Hacala was found dead in his apartment on April 2016, according to the court. An autopsy found he died from morphine intoxication, but no morphine was present in the apartment. Investigators found a 5-pound bag of unwashed poppy seeds and a 33-ounce bottle with “rinsed” poppy seeds in it.

Hacala allegedly purchased the seeds on Amazon’s website from Sincerely Nuts. The reviews and Q&A section on Amazon’s web page for the product allegedly include discussions of poppy seed rinse or tea.

Hacala’s father sued the companies on his own behalf and as an administrator of his son’s estate, alleging that, despite publicity about numerous other deaths from poppy seed tea, the companies marketed and sold the unwashed poppy seeds without warnings.

The companies sought to dismiss the complaint on various grounds, including causation. Hacala’s act of processing the seeds “is a classic intervening act that breaks the chain of causation as a matter of law,” defeating all the claims, Amazon said.

Senator Tom Cotton has a bill that would ban the sale of poppy seeds.

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