TERRE HAUTE, Ind. (Indianapolis Business Journal) — The former CEO of a central Indiana compounding pharmacy is trying to win release from federal prison, saying he fears he’ll die behind bars from COVID-19 while serving time on charges stemming from drug-potency problems.

Paul Elmer, the 69-year-old former CEO of Pharmakon Pharmaceuticals, has conditions that according to his attorney create “a very serious, and very real, risk of dying in federal prison if infected.”

His initial request on April 8 was denied because he had not exhausted all administrative remedies.

Bureau of Prisons spokesperson Emery Nelson told the Indianapolis Business Journal that officials could not comment on any inmate’s eligibility for compassionate release.