Pharmacy Held Accountable? Wrongful Death Lawsuit Filed in Pace Pharmacy Over Opioid Overdose

The opioid crisis continues to devastate communities across the nation, leaving a trail of addiction, overdose, and heartbreak. In 2021 alone, over 80,000 people in the United States died from opioid overdoses. While much attention has been given to the role of pharmaceutical companies and physicians in fueling this epidemic, pharmacies are increasingly being held accountable for their part in the crisis. A recent wrongful death lawsuit filed against Pace Pharmacy in Florida highlights the growing legal scrutiny pharmacies face when their dispensing practices are linked to opioid-related deaths.

The Case Against Pace Pharmacy: Ignoring Red Flags

On June 13, 2025, Levin Papantonio (LP), a Pensacola law firm, filed a wrongful death lawsuit on behalf of Mary Ann “Ann” Strickland, the personal representative of the estate of Andrew Dalton Strickland, against Pace Pharmacy, LLC, Stephen Allen Burklow, Monique Burklow, and David Barron Winkles. The lawsuit alleges that Pace Pharmacy and its pharmacists ignored blatant red flags and engaged in reckless conduct that directly led to Andrew Strickland’s death from a drug overdose on Father’s Day, June 18, 2023, just days after filling multiple prescriptions for potent controlled substances at Pace Pharmacy.

Andrew Strickland, a 47-year-old engineer, became a patient of Dr. Elaine Sharp in early 2023 after suffering burn injuries in a bonfire accident. Dr. Sharp, who is now facing murder charges, prescribed Strickland morphine and diazepam. The lawsuit claims that Pace Pharmacy, despite knowing or having reason to know of Dr. Sharp’s questionable prescribing practices, filled four prescriptions for Strickland within a single week.

The complaint alleges that Stephen Burklow and David Winkles, both licensed pharmacists and agents of Pace Pharmacy, failed to properly review Strickland’s prescriptions, disregarding obvious warning signs such as drug-drug interactions, therapeutic duplication, and the risk of overdose. It further asserts that Pace Pharmacy filled prescriptions for dangerous drug combinations and in unsafe quantities, without appropriate review or intervention.

Pharmacy’s Duty of Care: A Gatekeeper Responsibility

Pharmacists have a professional and legal duty to ensure the safety and well-being of their patients. This duty extends beyond simply filling prescriptions as written. Pharmacists are expected to act as gatekeepers, carefully reviewing prescriptions for appropriateness, potential interactions, and signs of misuse or abuse. They are also tasked with counseling patients on the proper use of medications and potential side effects.

When a pharmacist fails to uphold this duty of care, they can be held liable for resulting harm. In the context of opioid dispensing, this can include liability for addiction, overdose, and even death.

Several factors can contribute to a pharmacy’s liability in opioid-related cases:

Filling prescriptions that are clearly excessive or inappropriate: Pharmacists should be wary of prescriptions for high doses of opioids, multiple opioid prescriptions from different doctors, or prescriptions for combinations of drugs that increase the risk of overdose.
Ignoring red flags: Pharmacists should be alert to signs of drug-seeking behavior, such as patients who frequently request early refills, pay in cash, or exhibit signs of intoxication or withdrawal.
Failing to consult with the prescribing physician: When a pharmacist has concerns about a prescription, they should contact the prescribing physician to discuss their concerns and ensure the prescription is appropriate for the patient.
Failing to warn patients of the risks of opioids: Pharmacists should counsel patients on the potential risks of opioids, including addiction, overdose, and respiratory depression.

The Opioid Crisis in Florida: A State Under Siege

Florida has been particularly hard-hit by the opioid crisis. In 2021, the state recorded its highest one-year total of overdose deaths, with over 8,000 fatalities. Fentanyl-related deaths have surged by a staggering 790% since 2015.

In response to this crisis, Florida has implemented several measures to combat opioid abuse and overdose, including:

Prescription Drug Monitoring Program (PDMP): Florida has established a PDMP to track the prescribing and dispensing of controlled substances. This program allows pharmacists and prescribers to identify patients who may be at risk of opioid misuse or abuse.
Naloxone Availability: Florida law allows pharmacists to dispense naloxone, an opioid overdose reversal medication, without a prescription. This has made naloxone more readily available to individuals at risk of overdose and their loved ones.
Statewide Task Force: Florida has created an opioid task force to address the epidemic through prevention, treatment, and recovery efforts.

Legal Implications and the Future of Pharmacy Accountability

The lawsuit against Pace Pharmacy is a stark reminder of the potential legal consequences pharmacies face when their actions contribute to the opioid crisis. As courts and communities grapple with the devastating impact of this epidemic, pharmacies can expect increased scrutiny of their dispensing practices.

While some states offer immunity to pharmacists who dispense opioid overdose reversal medications or act in good faith, these protections do not shield pharmacies from liability for negligence or reckless conduct.

The Pace Pharmacy case, along with other similar lawsuits across the country, could set a precedent for holding pharmacies accountable for their role in the opioid crisis. This could lead to significant changes in pharmacy practices, including more rigorous prescription review processes, enhanced patient counseling, and a greater emphasis on identifying and preventing opioid misuse and abuse.

Advice Moving Forward

If you or a loved one has been affected by opioid addiction or overdose, it is essential to understand your legal rights. Consulting with an experienced attorney can help you assess your options and determine the best course of action.

For pharmacies, it is crucial to review and strengthen policies and procedures related to opioid dispensing. This includes implementing comprehensive training programs for pharmacists and staff, utilizing the PDMP to identify at-risk patients, and fostering a culture of safety and responsibility.

The opioid crisis is a complex and multifaceted problem that requires a collaborative effort from all stakeholders, including pharmaceutical companies, physicians, pharmacies, and communities. By working together, we can reduce the devastating impact of this epidemic and prevent future tragedies.