04 July 2021 :
Drug Manufacturer HIKMA Says Nevada ‘Surreptitiously’ Obtained Drug for Execution in Violation of State and Federal Law.
For the second time in three years, the Nevada Department of Corrections (NDOC) and the state of Nevada are facing legal action from a pharmaceutical manufacturer after obtaining drugs for an execution in violation of the drug manufacturer’s policies.
Hikma Phamaceuticals, a maker of the anesthetic ketamine, sent a cease-and-desist letter to Nevada Attorney General Aaron Ford on June 24, 2021, threatening to sue the state for illegally obtaining ketamine for the execution of Zane Floyd, unless it returns the drugs. Floyd is currently scheduled for execution during the week of July 26.
“Hikma has taken proactive action to prevent the sale and distribution of its products to NDOC, and NDOC’s misuse of its products in the State of Nevada’s lethal injection protocol,” Hikma’s lawyer, Josh Reid, wrote in the letter. “Nonetheless, it appears that NDOC has ignored Hikma’s repeated demands and, in knowing violation of Hikma’s legal rights, express communications with NDOC and express policies and controls, NDOC surreptitiously obtained Hikma’s Ketamine for use in an execution.”
The Nevada Department of Corrections (NDOC) allegedly obtained 50 vials of ketamine, which it intends to use as the second drug in an untried three- or four-drug protocol. Reid wrote: “NDOC’s purchase and intended use of Hikma’s products for capital punishment is in violation of state and federal law, in knowing violation of Hikma’s property and proprietary interests in its products, and these actions will cause significant damage to Hikma’s business reputation and the interests of its investors.”
A federal judge issued an order June 28 staying Floyd’s execution, saying Nevada’s late disclosure of the drugs it intended to use did not provide the court sufficient time to assess the constitutionality of the state’s untested execution method. “Even for individuals who have been condemned to execution by the state, fundamental due process and fairness is required to have an adequate amount of time to be able to investigate the method by which the state intends to take his life,” Judge Richard Boulware said.
