Legal intervention in capital case by West-Ward and Fresenius Kabi
In April 2017, drugmakers Fresenius Kabi and West-Ward intervened in the case of five death row inmates in Arkansas who were scheduled to be executed by lethal injection using medicines manufactured by the two companies.
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.”
“Diverting the medicines to the Department and away from healthcare providers could also create unnecessary shortages for patients who need them most. When the medicines could be used to protect life, they are instead being used to end it. The unintended consequence could be to undermine the supply and to place patients in Arkansas and across the country at risk.”