Mother of overdose victim sues pharmacy where drug was stolen

Steve Gonzalez Dec. 20, 2004, 10:08am

The mother of an East Alton boy who died from an Oxycontin overdose filed suit Dec. 16 against the owner of the pharmacy where the drug was stolen.

Tami C. Stalcup, whose son Justin Michael Stalcup died Feb. 4, 2004, claims Medicine Shoppe owner Michael J. Cleary failed to adequately store and keep proper inventory and accounting of narcotics. She is seeking damages of at least $50,000.

She also is suing Justin's girlfriend and former employee of the store, Jodi Lynn Sandbach, who is currently serving a three-year probation sentence for theft and unlawful delivery of a controlled substance. She entered a guilty plea in August.

Stalcup claims Cleary inadequately trained personnel to handle narcotic medications, failed to supervise non-professional employees working under him and allowed non-authorized personnel to have access to narcotic medications.

As a result of Cleary’s alleged negligence, Stalcup claims narcotic medications, including Oxycontin, were taken from the pharmacy without a prescription, and the medications taken from the pharmacy were “given or sold” to Justin.

Stalcup also is seeking damages from Medicine Shoppe Inc. alleging it failed to take steps to ensure narcotic medicines were properly stored and secured by its franchise, and failing to take appropriate steps to ensure that its franchise employed appropriately trained and certified personnel to have access to and handle narcotic medicines.

Stalcup, who filed the suit in Madison County Circuit Court, is represented by Hugh M. Talbert of Alton.

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