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A federal judge has blocked a Tulsa compounding pharmacy from furnishing a drug for a Missouri execution

A temporary restraining order has been issued in a lawsuit filed in U.S. District Court in Tulsa by Missouri death row inmate Michael Taylor.
By TIM TALLEY Published: February 13, 2014
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A federal judge late Wednesday temporarily blocked an Oklahoma compounding pharmacy from selling a drug to the Missouri Department of Corrections for use in an upcoming execution.

The temporary restraining order was issued in a lawsuit filed a day earlier in U.S. District Court in Tulsa by Missouri death row inmate Michael Taylor. His attorneys allege that the department contracts with The Apothecary Shoppe in Tulsa to provide the drug set to be used in Taylor's Feb. 26 lethal injection.

The lawsuit argued that several recent executions involving the drug, compounded pentobarbital, indicate it will likely cause Taylor “severe, unnecessary, lingering and ultimately inhumane pain.”

The state has not revealed the name of the compounding pharmacy supplying the drug, and The Apothecary Shoppe previously declined to confirm or deny that it was the source of a drug used in an earlier Missouri execution.

Taylor, 47, pleaded guilty in the 1989 abduction, rape and stabbing death of a 15-year-old Kansas City girl.

A pharmacy spokeswoman did not return a telephone call seeking comment earlier Wednesday. Phone and email messages were also left with the Missouri Department of Corrections.

One of Taylor's attorneys, Matthew Hellman of the Washington, D.C., law firm Jenner & Block, said the lawsuit focuses attention on the drug used in Missouri's lethal injections and the laws regarding compounding.

“This is not an acceptable option,” Hellman said.

Missouri corrections officials turned to The Apothecary Shoppe to supply compounded pentobarbital after manufacturers of the drug refused to provide it for lethal injections, according to the lawsuit.

In January 2012, a Danish company that had produced pentobarbital under the trade name Nembutal sold the exclusive rights to the drug to an American company, Akorn Inc., on the condition that Akorn not sell the drug for use in executions.

“Those manufacturers do not want medication to be used for executions,” Hellman said.

Taylor's lawsuit questions whether the pharmacy can legally produce and deliver compounded pentobarbital. It says the pharmacy is not registered as a drug manufacturer with the Food & Drug Administration and alleges it violates federal law each time it delivers the drug across state lines to Missouri corrections officials.

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Those manufacturers do not want medication to be used for executions.”

Matthew Hellman,
of the Washington, D.C., law firm Jenner & Block

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