While people can make the choice as to whether or not to do drugs, sometimes third parties carry some liability as well. When a Florida engineer died from a drug overdose, a pharmacy was charged with dispensing illegal drugs. That pharmacy is now facing a wrongful death lawsuit.
A Pensacola law firm is holding Pace Pharmacy responsible for the 2023 overdose death of Andrew Strickland, a 47-year-old local engineer. The wrongful death lawsuit, filed by Levin Papantonio Rafferty, follows recent criminal charges against the pharmacy’s owners and a former pharmacist for allegedly dispensing illegal drugs.
Strickland became a patient of Dr. Elaine Sharp after suffering burns in a bonfire accident in January 2023. Sharp, who now faces murder charges in connection with an alleged pill mill operation, prescribed him morphine and diazepam.
According to attorneys, six months after meeting Sharp, Strickland filled four prescriptions within a seven-day span. Ten days later, he died. The medical examiner determined the cause of death was a lethal combination of fentanyl, morphine, and buprenorphine.
The man died on Father’s Day in 2023. He was a Florida graduate and a local engineer who worked on the Three Mile Bridge.
Gaddy claims red flags were ignored and that his involvement with Pace Pharmacy ultimately led to his death. “The arrest report paints a picture of blatant disregard for medical and legal standards in our community.”
The 25-page arrest affidavit accuses pharmacy owners Stephen and Monique Burklow, along with pharmacist David Winkles, of distributing illegal drugs by forging doctors’ signatures across multiple states. Authorities say Stephen Burklow even used a pill press at home to manufacture “Chinese oxy,” a substance reportedly 10 times stronger than approved opioids.
The report also alleges that Pace Pharmacy was routinely selling pills through a back entrance, often to more than a dozen customers a day.
“The idea that pills were being sold out the back door is deeply troubling,” Gaddy said. “This case is about accountability, and we intend to uncover the full extent of what happened.”
The wrongful death suit names the Burklows, Winkles, and Pace Pharmacy, citing gross negligence and reckless conduct. Gaddy believes this case may be just the beginning.
“If you’ve read the arrest report, this might only be the tip of the iceberg,” he warned. “We’re not done.”
When Can a Pharmacy Be Sued for Wrongful Death?
Some people may argue that a 47-year-old man should be responsible for his own actions. Yes, the pharmacy filled the prescriptions, but ultimately, the man was the one who took the drug. Nobody forced him to. He did not do it against his will.
However, it is possible for a third party — in this case, a pharmacy — to be sued for wrongful death under certain circumstances. If a pharmacy’s actions or inactions contribute to a patient’s fatal overdose or medical complication, it may be held legally liable.
Here are some reasons why a pharmacy may be held liable for a patient’s wrongful death:
- Dispensing medication without a valid prescription
- Filling prescriptions that are clearly excessive or dangerous (such as opioids and benzodiazepines)
- Failing to verify the legitimacy of a prescribing physician
- Ignoring red flags of potential drug abuse or misuse
- Dispensing counterfeit or unapproved drugs
Pharmacies, like doctors, have a legal duty of care to ensure medications are dispensed properly and safely. Violating that duty can lead to civil liability and, in some cases, criminal charges.
Families of victims may file a wrongful death lawsuit claiming that the pharmacy acted negligently or recklessly, and that this directly caused or contributed to the individual’s death.
To succeed in a wrongful death lawsuit, the estate representative must prove several key legal elements. These elements include:
- Death of a person. Someone has died. This is the foundational requirement for any wrongful death claim.
- Negligence or misconduct. The death was caused by another party’s negligent, reckless, or intentional actions. This could be a person, company, or institution (like a doctor, hospital, or pharmacy).
- Causation. There must be a direct link between the defendant’s conduct and the death. The plaintiff must show that the death would not have occurred but for the defendant’s actions.
- Damages. The death must have caused measurable damages, such as loss of income or financial support, medical and funeral expenses, loss of companionship or consortium, and pain and suffering.
Contact Us Today
If a loved one has died, it can be devastating on many levels. When someone dies as a result of another person’s negligence, such as in an accident or reckless behavior, the family of that person may be entitled to compensation.
An attorney experienced in wrongful death lawsuits will be able to guide you through this difficult time. Consult with an experienced Florida wrongful death lawyer from Brill & Rinaldi, The Law Firm. To schedule a consultation, fill out the online form or call (954) 876-4344. We have offices in Weston, Coral Gables, and Daytona Beach.