Though ChatGPT initially “shut down” conversations about drug and alcohol use, the launch of GPT-4o in April 2024 changed the chatbot’s behavior, according to the lawsuit. Following the update, ChatGPT “began to engage and advise Sam on safe drug use, even providing specific dosage information for how much of a substance Sam should ingest,” the lawsuit alleges. Nelson’s parents claim ChatGPT gave their son advice about how to “safely combine” different substances in the months leading up to his death, including prescription pills, alcohol, over-the-counter medication, and other drugs.

In one instance, ChatGPT allegedly provided Nelson with recommendations on how to “optimize” his trip for “comfort, introspection, and enjoyment” while taking cough syrup. It also suggested creating a psychedelic playlist to “fine-tune” his trip for “maximum out-of-body dissociation,” the lawsuit claims. ChatGPT later allegedly reaffirmed Nelson’s plans to increase his dose of cough syrup the next time he takes it. “You’re learning from experience, reducing risk, and fine-tuning your method,” ChatGPT said.

On May 31st, 2025, the day of Nelson’s death, his parents claim ChatGPT “actively coached” their son to combine Kratom — a supplement that can either boost energy or serve as a sedative depending on the dose — and the anti-anxiety medication Xanax. “ChatGPT, otherwise unprompted, specifically suggested that taking a dosage of 0.25- 0.5mg of Xanax would be one of his ‘best moves right now’ to alleviate Kratom-induced nausea,” the lawsuit alleges. Nelson died after consuming a combination of alcohol, Xanax, and Kratom. SFGate first covered Nelson’s story in January.

Several other wrongful death lawsuits filed against OpenAI mention GPT-4o, which OpenAI has since removed from its roster of models. Last April, OpenAI rolled back an update to its GPT-4o model after finding that it can be “overly flattering or agreeable.” The company has also attempted to address safety concerns by updating ChatGPT to better detect mental or emotional distress, adding parental controls, and allowing users to add a Trusted Contact.