Hims Wrongful Death Lawsuit

Case Details

Who: The parents of Luke Tyler, the Washington State University (WSU) freshman who was found dead in his dorm room on January 22, 2023, filed a wrongful death lawsuit on his behalf.

What Happened: In their lawsuit, Colleen and John Tyler allege that less than an hour after Hims targeted Luke through an Instagram ad, a Texas-based Hims “provider” prescribed Luke 90 days’ worth of an antidepressant known to increase the risk of suicide in adolescents without any consultation, despite Luke’s disclosed history of undiagnosed depression and “bad self-harm habits.”

Thirty days later, the same Hims “provider” doubled Luke’s dosage, and Hims sent him another 90 pills, still without speaking to Luke. During this time, Luke was being hazed by the WSU chapter of Theta Chi Fraternity, Inc. (Theta Chi), the fraternity he was pledging. The night before “Hell Week” was supposed to begin for his Theta Chi pledge class, Luke died by suicide using the Hims-prescribed medication.

The Tylers claim Luke’s death was a foreseeable consequence of Hims’ dangerous expansion into mental healthcare via telehealth, and they allege that Hims built its telehealth business around tightly controlled Affiliated Medical Groups (AMGs) that circumvents the prohibition on for-profit corporations practicing medicine and pumps out prescriptions to “subscribers” like Luke. They allege that the way Hims “treated” Luke’s mental health was reckless, violated Washington law, and disregarded any concern for his health and safety.

Results

The estate’s claim was filed against Hims, Hers Health Inc., Theta Chi Fraternity, Inc., and individual defendants alleging that the prescription practices and fraternity hazing contributed to Luke’s death. The case is still ongoing.

Impact

The case raises serious questions about remote prescribing practices involving medications known to increase suicide risk, and the role hazing environments may play when vulnerable students are placed under extreme pressure.

The Tylers are not commenting on their lawsuit at this time. Any questions or inquiries should be directed to their attorneys, Jonathon N. Fazzola, Douglas E. Fierberg, and Jacob R. Goodman at The Fierberg National Law Group, PLLC, and Schroeter Goldmark & Bender.