Drug companies withdraw from Nebraska execution drug lawsuit

August 30, 2018

LINCOLN, Neb. (AP) — Two pharmaceutical manufacturers have dropped a lawsuit that sought to prevent Nebraska from using their drugs in a lethal injection.

Fresenius Kabi filed a notice Wednesday in U.S. District Court that it was dismissing the lawsuit, and Sandoz Inc. withdrew a motion to intervene in the case.

The lawsuit tried unsuccessfully to keep state officials from using what company officials suspected were their drugs in the Aug. 14 execution of Carey Dean Moore.

Nebraska executed Moore using a never-before-tried combination of four drugs. Fresenius Kabi presented evidence that it had manufactured at least one of the drugs, and Sandoz argued it may have produced another drug.

The companies argued that the execution would hurt their reputations and bottom lines if the public associated their products with executions.

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