Legal Intervention in McKesson Suit by West-Ward and Fresenius Kabi

Amicus brief submitted by West-Ward and Fresenius Kabi - April 2017

In April 2017, drugmakers West-Ward Pharmaceuticals and Fresenius Kabi USA submitted a brief in Arkansas Court in support of a suit brought by McKesson Corporation.

The companies write in their brief that: “The use of their medicines for lethal injections violates contractual supply-chain controls that the Manufacturers have implemented.”

The companies explain that: “Improperly procured medicines from unauthorized sellers are at risk of adulteration or chemical change due to improper handling, for example, the failure to maintain proper temperature levels during storage and transport.”

The companies further warn of grave public health risks associated with the use of these medicines in executions, noting that “[t]he use of their medicines for lethal injections … creates a public-health risk because it could result in the denial of medicines from patients who need them most.”

Read more from the companies' brief