The Temporary Restraining Order in Taylor v. Apothecary Shoppe is available from St. Louis Public Radio.
"Okla. pharmacy blocked from selling execution drug to Mo.," is by Tim Talley of Associated Press. It's also available from the Enid News.
A federal judge agreed late Wednesday to temporarily block an Oklahoma pharmacy from providing an execution drug to the Missouri Department of Corrections for use in an upcoming lethal injection.
The temporary restraining order was issued after a federal lawsuit was filed in Tulsa by Missouri death row inmate Michael Taylor. His attorneys said the department contracts with The Apothecary Shoppe in Tulsa to provide compounded pentobarbital, the drug set to be used in Taylor's execution on Feb. 26.
The lawsuit argued that several recent executions involving the drug indicate it would likely cause Taylor "severe, unnecessary, lingering and ultimately inhumane pain."
In his order Wednesday, U.S. District Judge Terence Kern wrote that Taylor's attorneys submitted "facts demonstrating that immediate and irreparable injury, loss, or damage will result to plaintiff before defendant can be heard in opposition."
The judge set a hearing for Tuesday and ordered the pharmacy to submit a response to the injunction by Friday. He said the order would remain in effect at least until the hearing.
The Tulsa World reports, "Judge issues ban on Oklahoma pharmacy making execution drug," by David Harper.
U.S. Senior District Judge Terence Kern found that attorneys representing 47-year-old Michael A. Taylor had demonstrated that immediate and irreparable injury, loss or damage would result before the defendant, the Apothecary Shoppe, could be heard in opposition.
Kern noted Taylor is scheduled to be executed by lethal injection on Feb. 26 and that his lawyers showed the Apothecary Shoppe's issuance of compounded pentobarbital to the Missouri Department of Corrections is imminent.
Kern scheduled a preliminary injunction hearing for Tuesday, with the temporary restraining order remaining in effect at least until then. The judge gave the defense until 3 p.m. Friday to file a brief in advance of the hearing.
Paul DeMuro, one of the attorneys representing Taylor, said Wednesday evening, "We're happy that the court has taken a serious look at the issue, but it's only the first step. We're very pleased we'll have the opportunity to present evidence next week."
Attorneys for Taylor filed a lawsuit on Tuesday in Tulsa federal court, claiming that "recent incidents demonstrate that use of compounded pentobarbital in Mr. Taylor's execution creates a very real and substantial risk that he will suffer severe, unnecessary lingering, and ultimately inhumane pain."
Besides a temporary restraining order and preliminary injunction, Taylor's lawyers also asked that the Apothecary Shoppe be permanently enjoined from delivering the substance to the Missouri Department of Corrections for use in the execution of any other condemned person.
"Judge Orders Pharmacy To Not Sell Execution Drug To Missouri, For Now," is by Chris McDaniel of St. Louis Public Radio.
The Apothecary Shoppe, a Tulsa-based compounding pharmacy, has supplied pentobarbital for three recent executions in Missouri but became registered to sell here only last week.
"[The Apothecary Shoppe] is temporarily restrained from issuing compounded pentobarbital to the state of Missouri Department of Corrections for use in plaintiff’s execution by lethal injection," Judge Terrence Kern in Oklahoma wrote.
He set a hearing for Feb. 18 for both sides to make their case.
The state's execution methods (and secrecy) have been the subject of much controversy. They were the impetus behind a legislative hearing in which state officials testified and for multiple bills aiming to curtail the Department of Corrections' power.
The lawsuit, filed by inmate Michael Taylor's attorneys on Tuesday, raises many of the same issues that we've previously reported on. Missouri is now relying on a compounding pharmacy to mix the execution drug. Compounding pharmacies are not regulated by the Food and Drug Administration and their products have a significantly higher failure rate than those made by manufacturers.
In fact, there's a law that prohibits pharmacies from creating a copy of an FDA-approved drug, like pentobarbital.
"Judge temporarily bars Oklahoma pharmacy from providing execution drug to Missouri," by Jason Hancock for the Kansas City Star.
The lawsuit cites two recent executions as evidence of the dangers of compounded drugs.
Michael Lee Wilson cried out “I feel my whole body burning” as he was given an injection that included pentobarbital in Oklahoma on Jan. 9.
Dennis McGuire appeared to struggle and gasp as he was put to death by a mix of drugs that did not include pentobarbital in Ohio on Jan. 16.
“These events are consistent with receipt of a contaminated or sub-potent compounded drug,” the lawsuit says.
"Federal judge stops Oklahoma pharmacy from supplying lethal injection drug to Missouri," by Steve Vockrodt for the Pitch of Kansas City.
Lawyers for both sides will meet in an Oklahoma courtroom on February 18 to decide whether the Apothecary Shoppe can continue issuing the state compounded pentobarbital, a version of a drug used to euthanize animals that Missouri has settled upon to kill condemned prisoners.
The timing could be critical for Taylor's execution, planned for eight days later. What's not yet known is whether Missouri has already gotten the dose for Taylor's veins or whether the state has a backup plan if it cannot use the Apothecary Shoppe.
Missouri has been on a wild goose chase for the better part of a year when its outmoded three-drug lethal-injection protocol was replaced by a one-drug scheme using propofol. That idea became a problem when the German manufacturer of propofol protested Missouri's use of a therapeutic drug for an execution.
Earlier coverage from Missouri begins at the link.
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