UPDATE: Drug maker files lawsuit to stop the use of drug in execution

UPDATE:

Carey Dean Moore’s execution is scheduled for next week.  It would be the first the state has done since 1997.

But on Tuesday, pharmaceutical company Fresenius Kabi filed a federal lawsuit to prevent the state of Nebraska from carrying out the lethal injection execution of Moore.  They said they oppose their products being used in executions.

While the state won’t say where they got the drugs, the company claims the state’s supply of potassium chloride is stored in 30 millimeter vials and that they’re the only company that makes vials in that size.

The ACLU of Nebraska applauded the company’s move.

"We absolutely commend the pharmaceutical companies that have stepped forward today to challenge the use of their life–saving products to be utilized for lethal injection," said Executive Director Danielle Conrad.

The ACLU and several newspapers recently won their case against the state to show where they got the drugs.  But Conrad said the state appealed that decision to the Nebraska Supreme Court, who will not decide on it until after Moore’s execution date.

But this complaint could delay it.

"This clearly matters for victims and their families, this clearly matters for the justice system, this clearly matters for Carey Dean Moore," Conrad said.  "But this also matters for all of us, as Nebraska taxpayers."

Nebraska Attorney General Doug Peterson said the lethal injection drugs were lawfully purchased and followed the state’s duty to carry out lawful capital sentences.

On Friday, a federal judge will hear arguments from both sides of this case.

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By: Channel 8 Eyewitness Newsroom
8@klkntv.com

Fresenius Kabi is suing the State of Nebraska, trying to keep them from using their drug for lethal injection. 

The German based company says the State is using their drug in the lethal 4-drug cocktail. 

While the State is not saying what drugs they/re using, the company argues the State’s supply of potassium chloride is stored in 30 millimeter vials.

The company says it’s the only company that makes vials in that size and they oppose the use of its products in executions.  

In a statement response to the lawsuit, the Attorney General’s office said, "Nebraska’s lethal injection drugs were purchased lawfully and pursuant to the State of Nebraska’s duty to carry out lawful capital sentences."