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    Kent Dively Report

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    WKYC.com
    Dr. Kent Diveley reviewed documents related to the lethal injection execution of Dennis B. McGuire by the State of Ohio on January 16, 2014. He found that the combination of 10mg of midazolam and 40mg of hydromorphone used would not render McGuire immediately unconscious and could cause several minutes of conscious suffering. McGuire was observed straining against his restraints and struggling to breathe, indicating he was likely conscious and experiencing pain. In Dr. Diveley's opinion, this execution did not meet Ohio's standard of being professional, humane, sensitive and dignified. Other drug combinations could render inmates immediately unconscious to allow for a more dignified death.

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    Kent Dively Report

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    WKYC.com
    120 views3 pages
    Dr. Kent Diveley reviewed documents related to the lethal injection execution of Dennis B. McGuire by the State of Ohio on January 16, 2014. He found that the combination of 10mg of midazolam and 40mg of hydromorphone used would not render McGuire immediately unconscious and could cause several minutes of conscious suffering. McGuire was observed straining against his restraints and struggling to breathe, indicating he was likely conscious and experiencing pain. In Dr. Diveley's opinion, this execution did not meet Ohio's standard of being professional, humane, sensitive and dignified. Other drug combinations could render inmates immediately unconscious to allow for a more dignified death.

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    Dr. Kent Diveley reviewed documents related to the lethal injection execution of Dennis B. McGuire by the State of Ohio on January 16, 2014. He found that the combination of 10mg of midazolam and 40mg of hydromorphone used would not render McGuire immediately unconscious and could cause several minutes of conscious suffering. McGuire was observed straining against his restraints and struggling to breathe, indicating he was likely conscious and experiencing pain. In Dr. Diveley's opinion, this execution did not meet Ohio's standard of being professional, humane, sensitive and dignified. Other drug combinations could render inmates immediately unconscious to allow for a more dignified death.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    120 views3 pages

    Kent Dively Report

    Uploaded by

    WKYC.com
    Dr. Kent Diveley reviewed documents related to the lethal injection execution of Dennis B. McGuire by the State of Ohio on January 16, 2014. He found that the combination of 10mg of midazolam and 40mg of hydromorphone used would not render McGuire immediately unconscious and could cause several minutes of conscious suffering. McGuire was observed straining against his restraints and struggling to breathe, indicating he was likely conscious and experiencing pain. In Dr. Diveley's opinion, this execution did not meet Ohio's standard of being professional, humane, sensitive and dignified. Other drug combinations could render inmates immediately unconscious to allow for a more dignified death.

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    Kent Diveley, M.D.

    August 4, 2014
    Diveley Medical Corporation
    1205 Pacitic Highway # 2603
    San Diego, CA
    92101

    MEDICAL REPORT

    1. My name is Dr. Kent Diveley. I am a board certified Anesthesiologist in full time


    clinical practice at Scripps Mercy Hospital, a level one trauma center located in
    San Diego, California. I have practiced as an Anesthesiologist in San Diego since
    1990. At Mercy hospital I've held positions as the Chief of Anesthesia, Chief of
    Surgery, and Chief of the Medical Staff. Currently I hold the positions of Medical
    Director of the operating room and Chair of the Credentials Committee. Included
    is a copy of my curriculum vitae.

    2. 80 percent of my work is providing clinical anesthesia care. The other 20 percent is


    devoted to administrative work. This is the first time I have been asked to provide
    testimony in a lethal injection case. I am not an academic physician and have not
    published literature in this area. Personally I've attended more than 20,000
    patients undergoing anesthetics for a wide range of procedures and am intimately
    familiar with the clinical applications of the drugs used for lethal injection in the
    state of Ohio. It is from my many years of work in rendering patients unconscious
    and working with these medications that I draw my opinions and conclusions in
    this case.

    3. I am providing my opinions regarding the State of Ohio Department of


    Rehabilitation and Correction Policy 01-COM-11, effective October 10, 2013 for
    execution by lethal injection and its application to Dennis B. McGuire, January 16,
    2014.

    4. In forming my opinions and conclusions, I have reviewed the following documents:

    A. State of Ohio Department of Rehabilitation and Correction execution policy.


    (effective date October 10, 2013).
    B. Death Certificate, Dennis B. McGuire January 16, 2014
    C. Affidavit of Amber N. McGuire January 24, 2014
    D. Affidavit of Dennis R. McGuire January 24, 2014
    E. Document labeled "Execution Time Line"
    F. Ohio Department of Rehabilitation and Correction After Action Review January
    16,2014
    G. Death Warrant
    H. Ohio Department of Rehabilitation and Correction Executive Summary April
    28,2014
    I. Package insert for Versed and Dilaudid
    J. Declaration of Dr. David Waisel
    K. Expert Declaration of Dr. Mark Dershiwitz
    Kent Diveley, M.D. August4,2014
    Diveley Medical Corporation
    1205 Pacific Highway# 2603
    San Diego, CA
    92101

    MEDICAL REPORT

    5. In the Department of Rehabilitation and Correction Standards for Execution it


    states all execution processes shall be performed in a professional, humane,
    sensitive, and dignified manner. The question is did the state of Ohio comply with
    its own policy in the execution of Dennis B. McGuire using the method chosen to
    carry it out.

    6. The State of Ohio used a combination of two drugs given intravenously for the
    execution. 10 mg. of midazolam and 40 mg. of hydromorphone were
    administered. These are both drugs which are used frequently in the clinical
    practice of Anesthesia and thus familiar to any practicing Anesthesiologist.

    7. Midazolam is used as a sedative and as an adjunctive drug in general anesthesia.


    To render an individual unconscious much higher doses would be needed. An
    Anesthesiologist would not depend on a 10 mg dose of midazolam to provide for
    total loss of memory, or to produce an unconscious state.

    8. Hydromorphone is an older narcotic used to treat pain and or noxious stimuli. In


    higher doses like the one used in the execution it will cause respiratory depression
    and eventual death due to a lack of oxygen and metabolic disturbance related to
    the retention of carbon dioxide. This drug would not be depended on to render a
    person immediately unconscious.

    9. Neither of these drugs combined in the doses used can be depended upon to
    produce a rapid loss of consciousness and death. It is possible that when this
    combination of drugs is used for lethal injection there will be a delay of several
    minutes before the inmate loses consciousness preceding death. Mr. McGuire
    was noted to be straining against his restraints, struggling to breathe, and
    making hand gestures. More likely than not these represent conscious voluntary
    actions by Mr. McGuire. They exemplify true pain and suffering in the several
    minutes before he lost consciousness. To a degree of medical certainty this was
    not a humane execution.

    10. These drugs do not fulfill the criteria set forth by the state of Ohio. They do not
    provide for an execution in a professional, humane, sensitive, and dignified
    manner. Allowing the inmate to suffer for a prolonged period struggling to get free
    and gasping for air before death certainly is not dignified nor humane.

    11. There are other drug combinations that could be used to render the inmate
    immediately unconscious leading to a dignified and expeditious death. The State
    of Ohio needs to reconsider the drug combinations they are currently employing.
    Kent Diveley, M.D. August 4, 2014
    Diveley Medical Corporation
    1205 Pacific Highway# 2603
    San Diego, CA
    92101

    MEDICAL REPORT

    Otherwise other inmates in the future could suffer egregious inhumane deaths
    like Mr. McGuire.

    Respectively submitted,

    Kent Diveley, M.D.

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