Sodium Thiopental

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Execution Drugs: Allegations emerge that British drugs failed

Emmanuel Hammond

The anti-death penalty group Reprieve is claiming that drugs used to execute three inmates in the United States failed to properly work. These executions all utilized sodium thiopental imported from Dream Pharma, a wholesale drug distributer in London. Sodium thiopental is used by many states to put an inmate to sleep before he or she is killed using a paralyzing drug and a heart-stopping drug. Since it became known that states, including California, were importing the anesthetic, there has been controversy over its quality–particularly since the FDA has declined to get involved and either approve or disapprove the foreign drug. Those advocating for death row inmates have said that if the anesthetic doesn’t work, that an inmate can experience excruciating pain while dying, a possible violation of the Eight Amendment’s ban on cruel and unusual punishment.

Now, Reprieve claims that the drug in fact did not adequately put Jeffrey Landrigan of Arizona, and Emmanuel Hammond and Brandon Rhode of Georgia to sleep. According to the UK Daily Mail, the group will launch a legal campaign against the British equivalent of the FDA, the Medicines and Healthcare Products Regulatory Authority, tomorrow in an attempt to recall the drug. In an effort to verify Reprieve’s claims, the Mail interviewed three witnesses to the execution of Hammond, who raped and murdered Julie Love in 1988:

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Execution drugs: states looking for help on legal questions

CDCR

Questions over the origins and quality of execution drugs continue

CNN reports that 13 states have signed a letter to Attorney General Eric Holder asking for the Department of Justice’s recommendation for acquiring an anesthetic used in executions:

Sodium thiopental is in very short supply worldwide and, for various reasons, essentially unavailable on the open market,” the letter said. “For those jurisdictions that have the drug available, their supplies are very small — measured in a handful of doses. The result is that many jurisdictions shortly will be unable to perform executions in cases where appeals have been exhausted and governors have signed death warrants.

“Therefore, we solicit your assistance in either identifying an appropriate source for sodium thiopental or making supplies held by the federal government available to the states,” the letter said.

Justice Department spokeswoman Alisa Finelli said Wednesday that federal officials have received the communication.

“We’ll review the letter,” she said.

California did not sign the letter. The state has a relatively large supply of 521 grams of sodium thiopental, which it obtained from a British company. A lawsuit in a DC court alleges that the FDA improperly allowed California and other states to import the drug, which came from a non-FDA approved manufacturer. Apparently looking to avoid similar legal questions (and in the wake of a new British ban on exporting drugs for the purposes of execution), states are turning to the DOJ for direction on how to go ahead with executions in light of escalating controversy over which drugs are and are not appropriate for use.

Lawsuit filed against the FDA to recall execution drugs

CDCR

Questions over the origins and quality of execution drugs continue

The Washington DC firm Sidley Austin LLP filed suit in federal court this morning against the Food and Drug Administration. The subject of the suit: the FDA’s decision to let imports of British-made sodium thiopental go ahead to states that are planning on using the drug in executions. Six death row inmates are named as plaintiffs in the case, including Steve Livaditis and Brett Pensinger of California.

At issue is the drug, sodium thiopental, an anesthetic used in many states’ lethal injection procedures. Only one company, Hospira, has been approved to manufacture sodium thiopental for use in the United States. That company stopped making the drug in 2009 due to a raw materials shortage, meaning states that use the drug in executions were left to look for other sources. Hospira has since announced that they’re completely discontinuing the drug, due to controversy over its use in lethal injections.

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Execution drugs: New documents show delays at the FDA

CDCR

Questions over the origins and quality of execution drugs continue

For the past couple of months, the ACLU of Northern California has been pulling together public records that shed light on US states’ search for execution drugs abroad. Arizona and California both ordered the anesthetic sodium thiopental (one of three drugs used in the states’ lethal injection procedures) from a company in the United Kingdom. Going abroad for the drug was the only option for getting ahold of it at the time, these states determined, because Hospira, the sole US manufacturer of the drug–and the only one approved by the FDA–had halted production after running up against a raw materials shortage. (Now, incidentally, Hospira has said they won’t make the drug at all due to international controversy over its use in executions.) Because the drugs were brought in from abroad and because the FDA has not approved any foreign manufacturers of sodium thiopental, a lot of scrutiny has been put on the role of the FDA in sanctioning or not sanctioning these imports. In response to their role in vetting lethal injection products, the FDA said they’ve released all shipments of foreign sodium thiopental bound for California and Arizona with the following accompanying statement:

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Execution drug discontinued as foreign batch arrives in California

CDCR

Lethal injection table at San Quentin State Prison

After unspecified “delays,” a shipment of 514.5 grams of the lethal injection drug sodium thiopental arrived at San Quentin State Prison from England today. Meanwhile, Hospira, the sole US manufacturer of the drug and the only one licensed to make it by the FDA announced that they’re completely discontinuing production of the anesthetic. Recently, following raw materials shortages, the Washington Post reports Hospira decided to move production of sodium thiopental to its factory in Italy:

“Like most other European countries, however, Italy does not have capital punishment and opposes the death penalty. Italy’s Radical Party brought a motion to Parliament, which passed overwhelmingly on Dec. 22, requiring Hospira to ensure that the drug would be used only for medical purposes and would not find its way into prisons.”

Hospira determined that there was no way they could ensure the drug wouldn’t be used in executions, and so decided to completely discontinue the drug. “Hospira has long deplored the drug’s use in executions” the WaPo reports, “but said it regretted having to stop production, because sodium thiopental has legitimate medical purposes as an anesthetic used in hospitals.” The company has continued to manufacture two other lethal injection drugs that are used in California’s three-drug procedure.

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Executions: Who should be kept anonymous?

Steve Corey

The tradition of hiding the identities of those who carry out executions goes back centuries.

Historically, those known as “executioners” have been anonymous–both for their own safety and to maintain the idea that the state, not the person, is carrying out the punishment, but someone has to actually do it. (See movies or other depictions of hangings or beheadings–the person operating the guillotine or gallows often wears a mask.) Now that they’re called “lethal injection team members,” and they wear surgical garb to hide their identities, the tradition hasn’t changed. But it has become more complex. Who exactly counts as a participant in an execution at this point? And who deserves privacy protections? Those are questions at the heart of a current court battle over public records involving California’s acquisition of about half a kilo of sodium thiopental, an anesthetic used to knock inmates unconscious before they’re put to death. And rather than obvious, the questions are left for San Francisco Superior Court Judge Charlotte Woolard to work out, one at a time.

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International supplier of execution drugs doubles as driving school

BBC

According to the BBC, the wholesale pharmaceutical company that sold execution drugs to the state of Arizona is a small, west London shop that also houses a driving school. Andrew Hoskin writes today that Dream Pharma Ltd. was the source of the three drugs (sodium thiopental, pancuronium bromide, and potassium chloride) used in the execution of Jeffrey Landrigan last year. There has been a nationwide shortage of sodium thiopental since the sole U.S. manufacturer of the drug, Hospira, stopped producing it because the company lacked necessary raw materials. California borrowed sodium thiopental from Arizona, but has not yet used the drugs–and has declined to give the exact source of the state’s own British supply of the drug.

The owner of the pharmacy, Mehdi Alavi, told the BBC he didn’t know the drugs would be used in executions. Clive Stafford Smith, an anti-death-penalty activist in the UK balked at the denial:

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Colbert riffs on Cali execution drug story

The Colbert Report Mon – Thurs 11:30pm / 10:30c
Tiny Triumphs – Lethal Drug Shortage
www.colbertnation.com
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(Notice our story on the scramble for drugs flash up at 1:48.) In the most recent development in this ongoing story, Oklahoma is scheduled to execute John David Duty at 6pm today. Because they lack sodium thiopental, the state received permission from a judge to go ahead using a substitute drug–one that’s generally used to euthanize animals.