It came as a surprise to US Food and Drug Administration when six prisoners, who are waiting for executions, sued FDA for importing and using such drugs for execution which have not been approved.
Delaying a lot of executions across the whole state, sodium thiopental went out of stock for capital punishment in most of the states because the only US maker has stopped its production. The attorneys submitted their plea to stop its import shipments claiming that the agency has not given a green signal to this drug.
FDA gave a nod to prison officials for importing thiopental after it was no longer being produced with in the country.
"From our perspective, the FDA has the obligation to make sure the anesthetic works whether it is used in a lethal injection or used in surgeries. In each case, the purpose is the same -- to relieve pain and suffering," Brad Berenson, the attorney who filed the lawsuit on behalf of death row inmates, said in a statement.
The attorney believes that no matter what one thinks about capital punishment, but no humane person would support botched or brutal executions.
"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," Berenson said.
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