No surprise, the FDA has appealed US District Court Judge Richard Leon's ruling on Beaty et al. v. Food and Drug Administration et al., No. 11-cv-289. Nebraska refused to obey the order and urged the FDA to appeal. See Nebraska's Thiopental for Lethal Injection for some links and details.
Oklahoma's Attorney General was joined by the Nebraska AG and thirteen others in a letter to US AG Eric Holder, requesting an appeal of the case so that they can enforce capital punishment in their various states.
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Showing posts with label Nebraska. Show all posts
Showing posts with label Nebraska. Show all posts
Wednesday, May 30, 2012
Friday, May 25, 2012
Missouri Adopts Propofol for Execution by Lethal Injection
As of May 15th, Missouri has adopted this protocol for execution by lethal injection using propofol. (Note the misspelling of the brand name Diprivan.) APP manufactures both Diprivan and generic propofol, Hospira only the generic. The American Society for Health-System Pharmacists reports that the drug is in short supply due to "manufacturing delays" at Hospira.
Given the new protocol, the Missouri Attorney General has petitioned the Missouri Supreme Court to set execution dates for the nine death row inmates who do not already have a date set. All prisoners and their attorneys were also informed, and legal challenges to the untested execution protocol are to be expected.
I tell the detailed story of lethal drugs for injection in my posts below, but here is a summary. Hospira was the only US-approved source of the sodium thiopental that was originally used for lethal injection, but the Italian manufacturing facility with which they contracted refused to produce the drug without guarantees that their output would not be used for executions. Hospira's company policy does not prevent the sale of their products for this purpose. Nebraska fraudulently obtained thiopental from the Indian manufacturer Naari under the guise of having drug samples shipped to Zambia for approval and registration in that country. Naari has requested that the Nebraska Supreme Court order the return of their product, to no avail. After thiopental became hard to obtain, pentobarbital began to be used. It is now unavailable from Lundbeck, the only US-approved supplier, due to the company's enforcement of a shipping procedure designed to prevent the sale of their product for executions. Texas obtained some of their product by deceit, using a DEA registration number for the long-shuttered Huntsville Prison Hospital, and refused to return it to the manufacturer. Texas Attorney General Greg Abbott recently upheld an open records request that revealed that the state has supplies for 23 executions because the Texas Department of Criminal Justice is not following its own protocol and mixing a backup dose. (See syringes 1A, 2A, 3A, and 4A in the Missouri protocol for an example of how backup doses are prepared.)
Shortage of injectable pentobarbital for execution by lethal injection
Given the new protocol, the Missouri Attorney General has petitioned the Missouri Supreme Court to set execution dates for the nine death row inmates who do not already have a date set. All prisoners and their attorneys were also informed, and legal challenges to the untested execution protocol are to be expected.
I tell the detailed story of lethal drugs for injection in my posts below, but here is a summary. Hospira was the only US-approved source of the sodium thiopental that was originally used for lethal injection, but the Italian manufacturing facility with which they contracted refused to produce the drug without guarantees that their output would not be used for executions. Hospira's company policy does not prevent the sale of their products for this purpose. Nebraska fraudulently obtained thiopental from the Indian manufacturer Naari under the guise of having drug samples shipped to Zambia for approval and registration in that country. Naari has requested that the Nebraska Supreme Court order the return of their product, to no avail. After thiopental became hard to obtain, pentobarbital began to be used. It is now unavailable from Lundbeck, the only US-approved supplier, due to the company's enforcement of a shipping procedure designed to prevent the sale of their product for executions. Texas obtained some of their product by deceit, using a DEA registration number for the long-shuttered Huntsville Prison Hospital, and refused to return it to the manufacturer. Texas Attorney General Greg Abbott recently upheld an open records request that revealed that the state has supplies for 23 executions because the Texas Department of Criminal Justice is not following its own protocol and mixing a backup dose. (See syringes 1A, 2A, 3A, and 4A in the Missouri protocol for an example of how backup doses are prepared.)
Shortage of injectable pentobarbital for execution by lethal injection
Wednesday, April 25, 2012
Nebraska's thiopental for lethal injection
Nebraska has refused to turn over its stock of thiopental for lethal injection to the FDA. The FDA was following a court order issued by US District Judge Richard Leon. The source of Nebraska's thiopental is dubious at best. (My bold added to my earlier post.)
Nebraska Attorney General Jon Bruning has urged the FDA to appeal Judge Leon's decision, and further litigation is assured in order to determine the administrative discretion of the FDA and to delineate the roles that the FDA and DEA will play in issuing import licenses.
Purchases from India: In 2010 and 2011 various US states inquired about and some purchased thiopental from India. The Sunday Guardian reports that Navneet Verma, managing director of Kayem Pharmaceuticals, bought vials of thiopental with English labels from Mumbai company Neon Laboratories for sale to Nebraska and South Dakota because his existing stock was labeled in Portuguese for use in Angola. The Times of India reports that Kayem consists of a Mumbai office and storeroom, with a kitchen on a balcony. This seems very similar to the questionable situation with Dream Pharma. Later in 2011, Mr. Verma reversed his decision to sell more thiopental to various US states that had sent him inquiries.
Another Indian company, Naari, was duped by an Indian purchaser, Chris Harris, who stated that he was buying samples to ship to Zambia for approval and importation to that country. Instead, the drugs were sent to Nebraska, and Naari has protested to the Chief Justice of the Nebraska Supreme Court and started legal proceedings for their return. The Indian Express reported other details of this story.
Nebraska Attorney General Jon Bruning has urged the FDA to appeal Judge Leon's decision, and further litigation is assured in order to determine the administrative discretion of the FDA and to delineate the roles that the FDA and DEA will play in issuing import licenses.
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