Ohio inmate set for execution argues anesthesia allergy could complicate lethal injection

By Andrew Welsh-huggins, AP
Wednesday, April 14, 2010

Anesthesia allergy could complicate Ohio execution

COLUMBUS, Ohio — A condemned Ohio inmate is using an unusual legal maneuver by asking what effect his allergy to anesthesia could have on the state’s plans to execute him next week.

Lawyers for Darryl Durr say they uncovered evidence of his allergy in his 800-page prison medical record and have asked for a review to see what impact the allergy could have, if any.

Defense attorney Kathleen McGarry says a violent reaction to the powerful anesthetic Ohio uses for the death penalty could deny Durr the quick and painless execution he’s guaranteed by the state Constitution.

U.S. District Judge Gregory Frost has allowed an expert to review Durr’s medical records over the objection of the state.

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