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July 10, 2018

Drug maker sues Nevada seeking to prevent state from using its drug in state's first execution in a dozen years

As reported in this local article, the "maker of a sedative set for inclusion in a Nevada execution on Wednesday — the state’s first in 12 years — is suing to stop it from being used to kill Scott Dozier." Here is more:

American pharmaceutical company Alvogen filed a lawsuit Tuesday in Clark County District Court, saying the Nevada Department of Corrections purchased the drug on false pretenses even though they knew Alvogen objected to its use for executions. The company is asking a judge for a temporary restraining order, for the drug midazolam to be impounded and for it to be barred from any use in capital punishment.

“Defendants intentionally defrauded Alvogen’s distributor by, on information and belief, concealing the April 2018 letter from the distributor and/or the fact that Defendants intended to use the Alvogen Midazolam Product for purposes of an execution,” the lawsuit said. “Defendants omitted relevant information and implicitly made the false representation that they had legitimate therapeutic rationale to purchase the Alvogen Midazolam Product.”

A spokeswoman for the Nevada Department of Corrections didn’t immediately respond to a request for comment on Tuesday, and it’s unclear whether the suit — filed a little more than 24 hours before the execution — will prompt a delay.

Alvogen says on its website that it tries to prevent its product midazolam from use in executions. But the Nevada Department of Corrections announced last Tuesday that it was adding midazolam to its three-drug lethal injection combination after another drug expired, and on Friday it distributed photos of the packaging with Alvogen labels — a response to a request from the American Civil Liberties Union of Nevada for more information about the drugs’ origins.

The pharmaceutical company said it learned its product would be used when it started to receive press inquiries on July 7. “Alvogen does not market, promote or condone the use of any of its approved prescription drug products, including midazolam, for use in state sponsored executions,” spokesperson Halldór Kristmannsson said in a statement on Monday. “To avoid any improper, off label use of our products, Alvogen does not accept direct orders from prison systems or departments of correction. Alvogen works with our distributors and wholesalers to restrict any resale, either directly or indirectly, of our midazolam product to any prison system or department of correction.”

Alvogen’s suit said the state has refused to return the products, and added that the prison agency “was aware of and actively fought disclosure of certain execution-related information because such information had been used to persuade manufacturers to cease selling their products for executions.” NDOC’s actions “have caused, and will continue to cause unless enjoined, substantial and irreparable injury to Alvogen, its reputation, and its goodwill,” the lawsuit said.

The 80-page complaint can be found at this link.

Prior related posts:

July 10, 2018 at 05:37 PM | Permalink


Ha ha ha ha ha ha ha ha ha. Silly lawsuit.

Posted by: federalist | Jul 10, 2018 9:19:13 PM

What is the justiciability of this claim? I do not understand it.

If I sell you a car, can I claim, you did not tell me you were driving it to New Jersey, a lawful use of a car?

Posted by: David Behar | Jul 10, 2018 11:25:16 PM

If this is the case, then can the makers of Tylenol sue me because I use Tylenol for off label use (eg. anxiety control)?

Posted by: atomicfrog | Jul 11, 2018 9:44:03 AM

It appears, federalist, that a Nevada judge did not think this lawsuit was so silly: "Drug company succeeds in getting Nevada execution using its drug postponed" http://sentencing.typepad.com/sentencing_law_and_policy/2018/07/drug-company-succeeds-in-getting-nevada-execution-using-its-drug-postponed.html

Posted by: Doug B. | Jul 11, 2018 6:55:13 PM

She's a lawless hack. If I were the State, i would ignore her.

Posted by: federalist | Jul 11, 2018 9:22:41 PM

Fraud. The claim is for fraud. Can the company not adopt terms of the contract? Does the state's word matter?

Posted by: John | Jul 13, 2018 12:54:48 AM

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