NASHVILLE, Tenn. (WTVF) — The sister of Tennessee death row inmate Tony Carruthers has filed a complaint with the Tennessee Department of Health alleging medical malpractice and torture during the state’s failed attempt to execute him.
Dr. Tonya Hervey filed the complaint July 15 against Dr. Mark Walton Fowler, alleging he caused Carruthers unnecessary pain while attempting to establish intravenous access during the May 21 execution attempt.
Carruthers was scheduled to be executed for the 1994 kidnappings and killings of Marcellos Anderson, Delois Anderson and Frederick Tucker in Memphis. The Tennessee Department of Correction halted the execution after staff established a primary IV line but could not place the required backup line. An attempt to insert a central line was also unsuccessful. Gov. Bill Lee later granted Carruthers a one-year reprieve.
Hervey’s complaint alleges Fowler entered the execution chamber about 40 minutes into the process and took over efforts to find venous access. She claims Fowler attempted to place a central line despite another team member advising against it and despite not having performed the procedure in more than a decade.
The complaint also alleges Fowler injected lidocaine without confirming whether Carruthers was allergic and continued the procedure after Carruthers said he could still feel the needle. Hervey said her brother moaned, bled and was punctured multiple times while conscious.
Hervey further alleges Carruthers suffered a stroke, right-side paralysis, balance problems and cognitive changes after the execution attempt. Those claims have not been independently confirmed.
The Department of Health will review the complaint to determine whether an investigation or disciplinary action is warranted.

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