Manufacturers of Nebraska’s Lethal Injection Drugs Object To Them Being Used in Executions
State of Nebraska ignored drug manufacturers’ demands to return execution drugs.
Less than three weeks before the fentanyl made by a company based in London was used to carry out an execution in Nebraska in 2018, its top executive fired off a letter to Gov. Pete Ricketts, Attorney General Doug Peterson and Corrections Director Scott Frakes, to “remind you again” of Hikma’s position on the misuse of their products.
“We object in the strongest possible terms to the use of any of our products for the purpose of capital punishment,” said Daniel Motto, executive vice president of Hikma/West-Ward Pharmaceuticals. He asked for the immediate return of the drugs “unless the State of Nebraska is prepared to provide to us an original raised-seal copy of an affidavit signed by the governor or attorney general certifying it would only be used for patient care.”
Records released as the result of three lawsuits filed by the Lincoln Journal Star, Omaha World-Herald and the ACLU of Nebraska revealed the manufacturers of each of the drugs in the state’s unique four-drug cocktail used on August 14, 2018, to execute Carey Dean Moore. All of the manufacturers for those drugs had objected to them being used in executions.
One of the companies, Fresenius Kabi, had sued in 2018 to delay Moore’s execution because it believed its drugs were to be used. Two of its drugs, cisatracurium and potassium chloride, were used in Moore’s death. For its products made in Europe, the unauthorized use of them for lethal injection could lead to EU sanctions and could threaten the U.S. supply of important drugs, potentially putting patients at risk.
Hikma and Pfizer both said they also asked the state to return their drugs. Pfizer stated: “Since 2016, we have informed the Nebraska Department of Correctional Services on multiple occasions that Pfizer strongly objects to the use of its products as lethal injections for capital punishment.” Pfizer asked the department to return any Hospira or Pfizer manufactured restricted product and provided procedures to return for a full refund.