Baze v. Rees
Q & A
10. If pancuronium bromide serves only to paralyze the muscles, what purpose does it serve in an execution?
Pancuronium serves no medical or therapeutic purpose; it is cosmetic. The chemical is administered so that witnesses to the execution will not have to observe any involuntary movements by the inmate. See Amicus Brief for Michael Morales, Michael Taylor, et al. in Support of Petitioners, Baze v. Rees, at 20. Dr. Mark Dershwitz, who has served as an expert for many states during litigation challenging their lethal injection practices, testified that pancuronium has no benefit for the inmate. Dep. Tr. vol. I at 119-120, Jackson v. Danberg, No. 06-CV-300 (D. Del. Sept. 10, 2007) (testimony of Dr. Mark Dershwitz). It is administered for the benefit of witnesses to the execution. Id.
According to a group of prominent physicians, professors of medicine, clinical ethicists, and other health care providers who specialize in critical care medicine, medical ethics, and end-of-life care, “the medical and medical ethics communities have rejected the introduction of neuromuscular blocking agents” to “mask muscle movements such as convulsions or gasps that witnesses may perceive as suffering.” Amicus Brief of Critical Care Providers and Clinical Ethicists, at 5. This decision was based upon the fact that “there is no medical justification for the drug”; it “introduces unacceptable risks of extreme pain and distress” and “can mask the signs of severe pain”; and observable, physical behavior provides an essential indicator of whether the individual is suffering. Id. at 11-12.
“In the veterinary context, pancuronium bromide is wholly superfluous to the goal of humane euthanasia. Its only effect would mask any suffering endured by the patient and interfere with an assessment of consciousness. Its use as contemplated by the Kentucky lethal injection protocol is therefore contrary to veterinary standards and humane euthanasia of animals.” Amicus Brief of Drs. Kevin Concannon, Dennis Geiser, et al., at 18.
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