MONTVILLE, NJ – Pine Brook-based drug manufacturer Alvogen has won its lawsuit to stay the execution of a convicted murderer in Nevada, charging that the state acquired Alvogen’s drug to perform the execution deceptively, according to an ABC News article.
The killer, Scott Raymond Dozier, 47, had been twice-convicted of murder and was an hour away from eating his final meal on Wednesday, July 11, when he found out a Nevada judge had indefinitely delayed his execution.
Alvogen urged the judge at a hearing in Las Vegas early Wednesday to order the delay because the drug had been acquired by the state deceptively, and the drug, midazolam, a sedative, is not approved for this use. Lawyers for the company also raised objections that the drug could result in an incomplete execution. They cited cases where the drug had failed to result in death elsewhere in the country when used for execution, the article stated.
Alvogen said the drug was shipped to a pharmacy in Las Vegas rather than the state prison, but the assistant Nevada solicitor general stated that drugs ordered by the state prison system are regularly shipped to Las Vegas, according to the article.
Meanwhile, Dozier, who killed two people and brutally dealt with the corpses, has stated he prefers being executed because life in prison is not a life, according to the article.
Alvogen released a statement following the stay of execution saying it is “pleased” that the drug will not be used, although it does not take a political stance on executions. The statement, which seems to be quoted in its entirety in an article on LasVegasNow.com reads:
"Alvogen is a leading global pharmaceutical company that provides medicines to improve the lives of patients around the world.
"While Alvogen does not take a political stance on executions, Alvogen endorses the use of its products in accordance with FDA-approved indications; and does not condone the use of any of its drug products, including midazolam, for use in state-sponsored executions.
"To avoid any improper, off-label use of our products in executions, Alvogen does not accept direct orders from prison systems or departments of correction. Alvogen also works with its distributors and wholesalers to restrict any sale, either directly or indirectly, of our midazolam product to any prison system or department of corrections.
"Upon learning of the Nevada Department of Corrections’ intent to use Alvogen’s midazolam in an execution scheduled for July 11, 2018, Alvogen filed a complaint with the Clark County District Court alleging the Nevada Department of Corrections fraudulently obtained this drug to be used in this execution. Alvogen also filed a temporary restraining order seeking to block the use of Alvogen’s midazolam in the execution. A hearing was held this morning and the court granted the TRO. Alvogen is pleased with the court’s decision and will continue to work through the judicial process to ensure Alvogen’s products are not used in executions."
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