Health Law

OKLAHOMA FEDERAL JUDGE AUTHORIZES SUBSTITUTE USE OF NEMBUTOL TO AID IN EXECUTIONS.

By Greg Piche'

There has been a shortage of thiopetal sodium recently, the anesthetic of choice in executions by lethal injections, which has temporarily halted executions in a number of jurisdictions that unlike, Texas,  have not stocked up on the drug. The manufacturer of the drug Hospira, Inc. of Illinois has indicated that it has had manufacturing issues with the drug and replacement supplies would not be available until early 2011.  Hospira, which markets its drugs, under the tag line of ?Advancing Wellness? has indicated that it does not favor the ?off-label? use of its drug in state sponsored executions. Death penalty opponents have been objecting to the substitution of other drugs because of the potential for pain and suffering by the prisoner in potential violation of the Eighth Amendment prohibition against cruel and unusual punishment.

Judge Stephen Friot, a federal judge in Oklahoma paved the way for the restart of executions in that state by approving the substitution of Pentobarital, aka, Nembutal, aka Euthosal, aka Fatal Plus and many other names. The drug is a barbiturate synthesized first in 1928. Recreationally it has been known on the street by many other names such as ?Yellow Jackets? and ?Yellow Submarines.? Marilyn Monroe apparently took 47 Nembutol tablets when she killed herself.  It is used to anesthetize and kill animals. It is used in the State of Oregon in physician assisted suicides and in Swiss suicides aided by Dignitas. The Chinese use to execute their citizens.  Judge Friot deemed it safe for domestic use in Oklahoma executions.  It is uncertain whether Michael Jackson ever took the drug, but it would not be surprising.  There is also a nationwide shortage of the drug Propofol, which he did take.  Warnings on the label indicate that it should not be used with alcohol or opiods as they may be harmful to health.  The drug should only be taken as directed. It doesn?t appear that Oklahoma?s use of the drug has been approved by the FDA.

Full post as published by Healthcare Law Blog on November 22, 2010 (boomark / email).