NASHVILLE — Tonya Hervey filed a complaint with the Tennessee Department of Health against Dr. Mark Fowler regarding his role in the May 21, 2026, execution attempt of Tony Carruthers. Gov. Bill Lee called off the execution during the procedure and gave Carruthers a one-year reprieve.

The complaint accuses Fowler of violating medical ethics by participating in an execution. It further alleges that Fowler injected Carruthers with the anesthetic lidocaine without first establishing that he was not allergic to it. The filing states that Fowler continued the search for a vein despite Carruthers' "visible agony and distress." The complaint states that Carruthers suffered excruciating pain during the attempt to administer a lethal injection.

It also asserts that Fowler was unqualified to place a central line because he had not performed the procedure in over a decade. The family believes Carruthers now has partial paralysis that they attribute to a stroke, though the complaint does not specify how or when they believe the stroke occurred.

Maria DeLiberato, an American Civil Liberties Union attorney representing Carruthers, witnessed the attempts to insert IVs during the execution attempt. DeLiberato said the IV team tried to insert an IV in Carruthers' arm, hand, and foot before Fowler attempted to insert a central line. During the attempted execution, the IV team established a primary line immediately. The team worked for more than an hour trying to insert a backup line.

Dr. Ervin Yen, a retired cardiac anesthesiologist who has witnessed many executions in Oklahoma, offered a perspective on the medical claims. Yen was not involved in the Carruthers case. Yen said the fact that Fowler had not placed a central line in years is not necessarily disqualifying. He added that it is very unlikely that the attempts to place an IV could have resulted in a stroke.

Hervey declined an interview request regarding the complaint. Fowler declined to comment on the complaint when reached by telephone. The Tennessee Department of Correction declined to comment on the allegations.

The Tennessee Department of Health said information on all complaints and investigations is confidential until formal charges are filed. The department stated that this confidentiality includes whether an investigation exists.

Carruthers has maintained his innocence regarding the charges against him. Authorities stated that Carruthers was trying to take over the illegal drug trade in their Memphis neighborhood. Carruthers was forced to represent himself at trial after repeatedly complaining about court-appointed attorneys and threatening to harm several of them.