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Botched Oklahoma execution turns spotlight on US pharmaceutical firms Botched Oklahoma execution turns spotlight on US pharmaceutical firms
(4 months later)
Oklahoma's bungled execution of a convicted killer, who died 43 minutes after the first drugs were injected into him, has put the spotlight on two American pharmaceutical companies. Oklahoma's bungled execution of a convicted killer, who died 43 minutes after the first drugs were injected into him, has put the spotlight on two American pharmaceutical companies.
The state refuses to say where it got the drugs used in the attempted execution of 38-year-old Clayton Lockett– a position that was the subject of a fierce legal battle by Lockett's lawyers.The state refuses to say where it got the drugs used in the attempted execution of 38-year-old Clayton Lockett– a position that was the subject of a fierce legal battle by Lockett's lawyers.
But the state has let it be known that it obtained the products from pharmaceutical manufacturers approved by the Food and Drug Administration (FDA). Most manufacturers have watertight procedures to prevent their products being used in judicial killings in the wake of a European-lead boycott of the death penalty.But the state has let it be known that it obtained the products from pharmaceutical manufacturers approved by the Food and Drug Administration (FDA). Most manufacturers have watertight procedures to prevent their products being used in judicial killings in the wake of a European-lead boycott of the death penalty.
However, two – Akorn and Sagent – do not.However, two – Akorn and Sagent – do not.
Most drug companies distributing in the US, such as APP, Lundbeck and West-Ward, have imposed strict distribution controls on medicines that could be used by death penalty states to execute their death row inmates. These controls channel sales of the drugs only through a small number of identified distributors, who are legally bound never to pass the products to departments of correction unless for strictly medical use. The controls also prohibit sales of the drugs to third-party outlets such as wholesalers, retailers or compounding pharmacies, who might then re-sell the medicines to prison services in death penalty states.Most drug companies distributing in the US, such as APP, Lundbeck and West-Ward, have imposed strict distribution controls on medicines that could be used by death penalty states to execute their death row inmates. These controls channel sales of the drugs only through a small number of identified distributors, who are legally bound never to pass the products to departments of correction unless for strictly medical use. The controls also prohibit sales of the drugs to third-party outlets such as wholesalers, retailers or compounding pharmacies, who might then re-sell the medicines to prison services in death penalty states.
Paradoxically, Akorn, a niche producer of anaesthetics headquartered in Lake Forest, Illinois, has some of the toughest controls in place for one of the most widely-used drugs in US executions, pentobarbital. It inherited the strict distribution restrictions, that block direct or third-party sales to departments of correction, from Lundbeck, a Danish company that sold the drug under the trade name Nembutal to Akorn in 2011.Paradoxically, Akorn, a niche producer of anaesthetics headquartered in Lake Forest, Illinois, has some of the toughest controls in place for one of the most widely-used drugs in US executions, pentobarbital. It inherited the strict distribution restrictions, that block direct or third-party sales to departments of correction, from Lundbeck, a Danish company that sold the drug under the trade name Nembutal to Akorn in 2011.
But Akorn appears to have no such controls in place for midazolam, a drug with sedative properties that was the first of the three injected into Lockett’s arm on Tuesday night. Midazolam was also used in the controversial executions of Dennis McGuire in Ohio in January, and William Happ in Florida in October.But Akorn appears to have no such controls in place for midazolam, a drug with sedative properties that was the first of the three injected into Lockett’s arm on Tuesday night. Midazolam was also used in the controversial executions of Dennis McGuire in Ohio in January, and William Happ in Florida in October.
The apparent absence of any distribution restrictions by Akorn on sales of midazolam mean that it is theoretically possible that the company could have sold the sedative directly to the Oklahoma prison service, or that its product was re-sold to the state by a distributor or third-party outlet.The apparent absence of any distribution restrictions by Akorn on sales of midazolam mean that it is theoretically possible that the company could have sold the sedative directly to the Oklahoma prison service, or that its product was re-sold to the state by a distributor or third-party outlet.
Calls by the Guardian to Akorn to ascertain whether or not its midazolam had been acquired by Oklahoma were not returned. Questions to the company’s chairman, John Kapoor, and board member Kenneth Abramowitz, also went unanswered.Calls by the Guardian to Akorn to ascertain whether or not its midazolam had been acquired by Oklahoma were not returned. Questions to the company’s chairman, John Kapoor, and board member Kenneth Abramowitz, also went unanswered.
Though Oklahoma has maintained great secrecy around the source of its drugs in an attempt to circumvent the boycott, it has let it be known that it has acquired stocks of all three chemicals used in the attempt to kill Lockett– midazolam, vecuronium bromide, and potassium chloride – from FDA-approved pharmaceutical manufacturers. That rules out compounding pharmacies that prepare their own customised medicines as the source of Oklahoma’s lethal injections.Though Oklahoma has maintained great secrecy around the source of its drugs in an attempt to circumvent the boycott, it has let it be known that it has acquired stocks of all three chemicals used in the attempt to kill Lockett– midazolam, vecuronium bromide, and potassium chloride – from FDA-approved pharmaceutical manufacturers. That rules out compounding pharmacies that prepare their own customised medicines as the source of Oklahoma’s lethal injections.
It is possible that Oklahoma obtained its lethal drugs from an FDA-approved pharmaceutical firm based in another country. But the small number of foreign companies making midazolam or vecuronium bromide also follow comprehensive distribution controls.It is possible that Oklahoma obtained its lethal drugs from an FDA-approved pharmaceutical firm based in another country. But the small number of foreign companies making midazolam or vecuronium bromide also follow comprehensive distribution controls.
The second US pharmaceutical company in question, Sagent, is based in Schaumburg, Illinois, and specialises in injectable products. It manufactures two of the three drugs used by Oklahoma on Tuesday – midazolam and vecuronium bromide, a paralytic agent that when used in an execution setting prevents the prisoner from moving or speaking. Sagent’s spokesman, Jonathan Singer, refused to answer questions from the Guardian about whether the company’s product had been used in the botched Oklahoma execution, saying only that its policy on the death penalty was posted on its website.The second US pharmaceutical company in question, Sagent, is based in Schaumburg, Illinois, and specialises in injectable products. It manufactures two of the three drugs used by Oklahoma on Tuesday – midazolam and vecuronium bromide, a paralytic agent that when used in an execution setting prevents the prisoner from moving or speaking. Sagent’s spokesman, Jonathan Singer, refused to answer questions from the Guardian about whether the company’s product had been used in the botched Oklahoma execution, saying only that its policy on the death penalty was posted on its website.
That statement says: “To ensure our products are not used in capital punishment, Sagent is implementing appropriate distribution controls and other measures. In particular, Sagent will not accept orders from correctional facilities and prison systems for products believed to be part of certain states' lethal injection protocols. Also, each of Sagent's distributors and wholesalers will be asked to make commitments not to sell or distribute any such products to these facilities.”That statement says: “To ensure our products are not used in capital punishment, Sagent is implementing appropriate distribution controls and other measures. In particular, Sagent will not accept orders from correctional facilities and prison systems for products believed to be part of certain states' lethal injection protocols. Also, each of Sagent's distributors and wholesalers will be asked to make commitments not to sell or distribute any such products to these facilities.”
Though Sagent does have controls in place that prevent the direct sale of its drugs to executioners, it does not prohibit third-party outlets such as retailers or compounding pharmacies from re-selling its products to death penalty states. There is evidence that midazolam made by Sagent has been bought by at least one compounding pharmacy.Though Sagent does have controls in place that prevent the direct sale of its drugs to executioners, it does not prohibit third-party outlets such as retailers or compounding pharmacies from re-selling its products to death penalty states. There is evidence that midazolam made by Sagent has been bought by at least one compounding pharmacy.
Maya Foa, a lethal injection expert at the human rights campaign Reprieve, said: “No pharmaceutical company or pharmacist would want to be associated with what happened in Oklahoma on Tuesday, nor any other lethal injection execution. They have long opposed the abuse of their medicines in executions, and many are now taking active steps to prevent it. It's high time state departments of correction heeded their wishes and stopped violating medicines for the purpose of capital punishment.”Maya Foa, a lethal injection expert at the human rights campaign Reprieve, said: “No pharmaceutical company or pharmacist would want to be associated with what happened in Oklahoma on Tuesday, nor any other lethal injection execution. They have long opposed the abuse of their medicines in executions, and many are now taking active steps to prevent it. It's high time state departments of correction heeded their wishes and stopped violating medicines for the purpose of capital punishment.”
Lawyers for Lockett and Charles Warner, another murderer whose execution on Tuesday was postponed after the earlier procedure failed, had challenged the secrecy surrounding Oklahoma's source of lethal injection drugs. They won at the state district court level, but two higher courts argued over which could grant a stay of execution. At one point, the governor of Oklahoma, Mary Fallin had publicly challenged the authority of the state supreme court when it granted a stay of execution. The court reversed its decision after the governor’s comments.Lawyers for Lockett and Charles Warner, another murderer whose execution on Tuesday was postponed after the earlier procedure failed, had challenged the secrecy surrounding Oklahoma's source of lethal injection drugs. They won at the state district court level, but two higher courts argued over which could grant a stay of execution. At one point, the governor of Oklahoma, Mary Fallin had publicly challenged the authority of the state supreme court when it granted a stay of execution. The court reversed its decision after the governor’s comments.
Ryan Kiesel, the executive director of the American Civil Liberties Union of Oklahoma, said that by using a “science experiment” to cause Lockett to die in agony over the course of more than 40 minutes, the state had “disgraced itself before the nation and world”.Ryan Kiesel, the executive director of the American Civil Liberties Union of Oklahoma, said that by using a “science experiment” to cause Lockett to die in agony over the course of more than 40 minutes, the state had “disgraced itself before the nation and world”.
“More than any other power, the exercise of the power to kill must be accompanied by due process and transparency,” said Kiesel, adding that Lockett’s painful death had illustrated “the consequences of trading due process for political posturing.”“More than any other power, the exercise of the power to kill must be accompanied by due process and transparency,” said Kiesel, adding that Lockett’s painful death had illustrated “the consequences of trading due process for political posturing.”