NASHVILLE — The sister of a Tennessee death-row inmate who endured a botched execution attempt on May 21 has filed a complaint with the Tennessee Department of Health accusing the doctor involved of multiple medical and ethical violations.
The complaint, submitted Wednesday by Tonya Hervey on behalf of her brother, Tony Carruthers, 58, alleges that Carruthers experienced extreme pain during the failed lethal-injection procedure and that the family believes he has since suffered partial paralysis they attribute to a stroke. The filing does not detail when or how the family believes the stroke occurred. Hervey declined requests for an interview.
What the complaint alleges
The complaint names Dr. Mark Fowler and accuses him of:
- Participating in an execution in violation of medical ethics.
- Administering the anesthetic lidocaine without confirming that Carruthers was not allergic.
- Continuing attempts to secure a venous line while Carruthers showed what the complaint calls
“visible agony and distress.”
It also contends Fowler was not qualified to place a central line because he had not performed the procedure in more than a decade.
What happened during the May 21 attempt
Department of Correction officials and court records show the execution attempt was halted after problems inserting an IV. According to accounts from the family’s attorney and witnesses, the initial IV team established a primary line quickly, then spent more than an hour attempting to place a backup IV. Witnesses said attempts were made in Carruthers’ arm, hand and foot before Dr. Fowler attempted a central line. Ultimately, Gov. Bill Lee called off the execution and granted Carruthers a one-year reprieve.
| Date | Event |
|---|---|
| May 21, 2026 | Execution attempt halted after IV placement problems; governor issues one-year reprieve |
| July 15, 2026 | Complaint filed with Tennessee Department of Health (filed Wednesday) |
Responses and next steps
Dr. Fowler declined to comment when reached by phone. The Tennessee Department of Correction referred questions to other authorities and declined further comment on the allegations. The Department of Health said it does not disclose whether an investigation exists; information on complaints and investigations is confidential until formal charges are filed.
Outside physicians familiar with executions offered context but did not take positions on this specific complaint. Dr. Ervin Yen, a retired cardiac anesthesiologist who has witnessed executions in Oklahoma, said that not having performed a central line in years does not necessarily disqualify a doctor from placing one. He also told reporters that it would be very unlikely the repeated IV attempts themselves would cause a stroke.
Local and practical implications
The complaint brings state medical ethics into the spotlight at a time when Tennessee continues to grapple with how executions are carried out and who is involved. If the Health Department opens a formal investigation, its findings could affect licensing or disciplinary actions for any provider found to have violated professional standards. For families and witnesses, the filing may prompt renewed scrutiny of execution protocols, the composition and training of IV teams, and the role of medical professionals in capital punishment procedures.
For now, the department’s confidentiality rules mean the public may not know whether a probe is under way until formal charges are filed. The Carruthers family’s concerns about his current medical condition, including the allegation of partial paralysis, add a human dimension that has motivated this formal complaint.
The case remains active. I will continue to monitor any announcements from the Tennessee Department of Health, the Department of Correction and legal representatives for the Carruthers family and report updates as they are confirmed.
— Ruby Callahan, Tennessee Correspondent
