Sister of death row inmate files complaint to health department after botched execution

The sister of a Tennessee death row inmate, whose execution was called off when a medical professional was unable to set a backup IV line for the deadly drugs, has filed a complaint to the state Department of Health claiming he was paralyzed after the event.

Tennessee Gov. Bill Lee granted Tony Carruthers a one-year reprieve from execution after repeated attempts to find a vein for lethal injection failed.

Carruthers, sentenced to death for a 1994 triple murder in Memphis, was scheduled to be executed at 10 a.m. May 21 at Riverbend Maximum Security Institution in Nashville.

Tonya Hervey filed the complaint July 15.

A statement from the Tennessee Department of Correction said medical personnel "quickly established a primary IV line." They could not set a backup line as required by the TDOC execution protocol.

"The team continued to follow the protocol, but could not find another suitable vein. The team attempted to insert a central line pursuant to the protocol, but the procedure was unsuccessful," the statement said. "The execution was then called off."

The complaint alleges ethics violations by Union City family medicine Dr. Mark Fowler including:

• Participating in an execution at all, violating the Hippocratic Oath ("first, do no harm")
• Attempting to set a central IV line when not qualified to do so.
• Overseeing and continuing their efforts despite Carruthers being in visible pain and distress.

Fowler has an active Tennessee medical license but does not have hospital privileges, according to records accessed through court filings.

"Moreover, we believe our brother suffered a brain stroke, has endured extreme pain, and has paralysis of the entire right side of his body," the complaint said. "He was stabbed wide open in his chest while awake and could feel the excruciating pain during the entire procedure! Let us not forget that Tony Von Carruthers has proclaimed his innocence from the beginning of this crime!"

The Tennessee Department of Correction declined comment. Efforts to reach Fowler were not immediately successful.

What happened during Tony Carruthers' attempted execution

It took 40 minutes of attempting to set the line before Fowler intervened, the complaint to the Tennessee Department of Health said.

"He took over the search for venous access, directing corrections personnel to take off Mr. Carruthers' socks to search for veins in his feet," the complaint said. "He asked if anyone in the room was qualified to assess jugular access, and one of the medical team members said yes. Dr. Fowler watched as this person used a vein finder to assess Mr. Carruthers' jugular vein."

The team member advised against trying to set an IV there but "Dr. Fowler then announced that he was going to set a central line despite THE TEAM MEMBER'S ADVICE," the complaint said, using all capital letters for emphasis.

"He had previously admitted in a deposition that he had not set a central line in well over a decade and had no hospital privileges to do so," the complaint said. "Mr. Carruthers' lawyer objected to his lack of qualifications, and Dr. Fowler snapped back at the lawyer that he was qualified to set the line."

Fowler asked those in the room if Carruthers was allergic to lidocaine. No one knew the answer, the complaint said, but he injected the local anesthetic anyway.

When asked, Carruthers said he could feel Fowler poking at the vein despite the lidocaine injection.

"Dr. Fowler inserted the needle/scalpel anyway. Mr. Carruthers moaned in pain and began to bleed," the complaint said. "Dr. Fowler punctured/stabbed him at least one more time, attempting to set the line, all while Mr. Carruthers was wide awake and groaned in agony."

Fowler eventually admitted defeat in setting a central line. Instead of stopping there, he tried to find another vein in Carruthers' shoulder, the complaint said.

"He claimed to have achieved venous access in the shoulder; however, blood was visibly filling the line," the complaint said. "At that point, the Governor's Office called off the execution, approximately 90 minutes after the process began."