Reuters posts, "German firm blocked shipments to U.S. distributor after drug sent for executions," by Kevin Murphy.
A German manufacturer confirmed on Thursday that it took the extraordinary step of suspending shipments of a widely used drug to a U.S. distributor this year after 20 vials were mistakenly sent to the state of Missouri to be used in executions.
Drugmaker Fresenius Kabi said shipments of the anesthetic propofol were halted to a Louisiana distributor for 4 1/2 months through mid-March because the company feared the European Union would ban export of the drug altogether if it was used in executions.
"We felt it was important to make sure it was restricted to the healthcare professionals," said Geoffrey Fenton, a U.S. spokesman for the firm.
Propofol, which is mostly made in Europe, is administered about 50 million times a year in the United States during various surgical procedures, according to the manufacturer.
And:
Fresenius Kabi said it had stopped shipments to Louisiana distributor Morris & Dickson LLC from November 1, 2012 to mid-March, 2013 after the U.S. firm inadvertently sent a carton containing 20 vials to Missouri's department of corrections.
The German company confirmed it had suspended the shipments a day after Missouri announced that it would return the drugs to the distributor. Missouri is taking the unusual step some 11 months after the distributor frantically pleaded for the return of the vials, according to emails recently made public.
A leading death penalty expert, Richard Dieter, executive director of the Death Penalty Information Center, said he had never heard of a drug firm suspending shipments to a distributor over their possible use in U.S. executions.
The move shows how U.S. states and suppliers of drugs are coming under strong pressure from big pharmaceutical companies, especially in Europe, not to use supplies in executions.
The St. Louis Post-Dispatch has updated its report, "Nixon postpones execution over questions about lethal injection drug," by Jeremy Kohler.
The European Union, which is against the death penalty, had threatened to cut off supplies of the drug to the U.S. if the execution went forward, which could have had a widespread impact on hospitals. That seemed to weigh on Nixon, who said his job was “making sure justice is served and public health is protected.” Earlier this week, the governor had said that Europe would not block the executions.
Nixon said he had directed the department to change the execution protocol to use a different form of lethal drug, and said Attorney General Chris Koster would request a new execution date for Nicklasson.
The governor’s announcement comes two days after the Department of Corrections said it would return to a supplier some of the propofol it had planned to use for executions. The supplier of the drug, Morris & Dickson, of Shreveport, La., had pleaded with the state nearly a year ago to return 20 vials it had shipped to Missouri in violation of its agreement with the manufacturer, Fresenius Kabi, of Germany, not to provide the drug for capital punishment.
The department had said it still had some propofol in stock from another supplier. But that manufacturer, Hospira, said it, too, wanted the propofol back because it had not authorized the sale to the distributor, Mercer Medical of suburban Seattle.
“We have written the Missouri Department of Corrections and are notifying the governor’s office requesting that the state not use this product for lethal injection and return it to us,” Hospira spokesman Dan Rosenberg wrote in a statement. Mercer Medical did not return a call seeking comment.
A Fresenius Kabi executive cheered Nixon’s decision.
“This is a decision that will be welcomed by the medical community and patients nationwide who were deeply concerned about the potential of a drug shortage,” John Ducker, chief executive officer of Fresenius Kabi USA, wrote in a statement.
Post Dispatch columnist Bill McClellan writes, "Another thought on capital punishment," for today's paper.
So the state is casting about for yet another alternative. Attorney General Chris Koster has previously suggested a return to the gas chamber. That seems unlikely.
With the death penalty in the news lately, I have been getting a lot of notes from readers. Some of them are serious, some facetious. Among the latter was a proposal to return to Roman-era gladiator days. Sell tickets, promote gambling on outcomes, create a reality show, do whatever necessary to raise money.
That seems unlikely, too, but given the nature of the Missouri Legislature, I wouldn’t say it’s impossible.
But it did make me wonder a little about public executions. After all, for most of the long history of capital punishment, executions were public. Maybe they were more of a deterrent that way.
Also, if we are going to execute people, maybe we should do it publicly. If the state is going to take a life, why do it behind closed doors? If it is state-sanctioned, don’t act like it’s something to be ashamed of. That’s another thought.
Most historians give Missouri credit — or blame — for the last public execution in this country. In May 1937, Roscoe “Red” Jackson was hung in Galena, Mo. The sheriff handed out 400 tickets to the hanging, which was conducted inside a stockade. If that’s not quite public, the honor goes to Kentucky, which hung a man a year earlier. No tickets were necessary.
"5 things about drug at issue in Mo. executions," is from the Associated Press, via the Kansas City Star.
EUROPE'S WORRY
Roughly 90 percent of the U.S. supply of propofol comes from a single source: Germany-based Fresenius Kabi. But the anti-death penalty European Union recently threatened to add the drug to its export control list, which would jeopardize U.S. supply. The threat prompted the drug maker to implore Missouri to move away from propofol. But until Friday, Missouri's governor seemed to be holding fast, saying earlier this week that courts generally had long upheld capital punishment and suggested this wasn't the first time foreign countries had objected to products made, or actions taken, in his home state.
And:
WHAT'S NEXT:
While the state explores the options, the planned Oct. 23 execution of Alan Nicklasson is off and Nixon said the state would "immediately request" a new execution date. It's unclear what that means for the planned Nov. 20 execution for another convicted killer, Joseph Franklin.
Earlier coverage of Missouri lethal injection issues begins at the link.
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