A federal lawsuit filed against the Food and Drug Administration urges a judge to block imports of a key drug used in the nation's executions that has been in short supply since the sole U.S. maker decided to stop producing it.
The lawsuit filed Wednesday in federal court in Washington, D.C., claims the FDA has knowingly allowed state corrections officials to import sodium thiopental, the sedative used in a three-drug execution cocktail, that has not been approved by the agency.
"It just seems wrong to allow these suspect goods into the country in violation of federal law just because they're used on prisoners rather than law-abiding citizens," said Brad Berenson, the attorney who filed the lawsuit on behalf of death row inmates in California, Arizona and Tennessee.
The shortage has delayed executions in several states, and an Associated Press review found that at least five states -- Arizona, Arkansas, California, Georgia and Tennessee -- had to turn to England for their supply of the drug. Nebraska, meanwhile, secured a stockpile from an Indian firm.
The lawsuit claims the FDA is neglecting its duty to inspect shipments of sodium thiopental, noting that there are no FDA-approved overseas manufacturers of the drug.
"From our perspective, the FDA has the obligation to make sure the anesthetic works whether it's used in a lethal injection or used in surgeries," Berenson said. "In each case, the purpose is the same -- to relieve pain and suffering."
The lawsuit filed Wednesday in federal court in Washington, D.C., claims the FDA has knowingly allowed state corrections officials to import sodium thiopental, the sedative used in a three-drug execution cocktail, that has not been approved by the agency.
"It just seems wrong to allow these suspect goods into the country in violation of federal law just because they're used on prisoners rather than law-abiding citizens," said Brad Berenson, the attorney who filed the lawsuit on behalf of death row inmates in California, Arizona and Tennessee.
The shortage has delayed executions in several states, and an Associated Press review found that at least five states -- Arizona, Arkansas, California, Georgia and Tennessee -- had to turn to England for their supply of the drug. Nebraska, meanwhile, secured a stockpile from an Indian firm.
The lawsuit claims the FDA is neglecting its duty to inspect shipments of sodium thiopental, noting that there are no FDA-approved overseas manufacturers of the drug.
"From our perspective, the FDA has the obligation to make sure the anesthetic works whether it's used in a lethal injection or used in surgeries," Berenson said. "In each case, the purpose is the same -- to relieve pain and suffering."