Tonya Hervey, the sister of Tennessee death row inmate Tony Carruthers, has filed a complaint against the doctor involved in his execution attempt that was halted on May 21. The complaint, filed with the Tennessee Department of Health, asserts that Carruthers experienced extreme pain during the failed lethal injection and that the family believes he suffered a stroke, potentially causing partial paralysis.
During the execution attempt, the IV team initially established a primary line but then spent over an hour attempting to insert a backup line. ACLU attorney Maria DeLiberato, who witnessed the event, stated that the team tried multiple insertion sites before Dr. Mark Fowler attempted to place a central line. Governor Bill Lee ultimately called off the execution, granting Carruthers a one-year reprieve.
The complaint accuses Fowler of violating medical ethics by participating in an execution, administering lidocaine without confirming Carruthers was not allergic, and continuing the procedure despite his "visible agony and distress." It also claims Fowler was unqualified to place a central line due to not having performed the procedure in over a decade.
Fowler declined to comment on the complaint. Dr. Ervin Yen, a retired cardiac anesthesiologist not involved in the case, suggested that Fowler's lack of recent central line experience may not be disqualifying and stated it is highly unlikely that IV attempts could cause a stroke.
The Tennessee Department of Correction has not commented on the allegations. The Health Department stated that details regarding complaints and investigations remain confidential until formal charges are filed.
Carruthers, 58, was convicted in the 1994 kidnapping and murder of Marcellos Anderson, his mother Delois Anderson, and Frederick Tucker. He maintained his innocence and represented himself at trial after dismissing several court-appointed attorneys.