ST. CROIX — A St. Croix pharmacist has filed a lawsuit in Superior Court alleging that the Virgin Islands Board of Pharmacy suspended his license without following the legal process required by law, leaving him unable to work anywhere in the United States or its territories.
John Forcillo filed the action last Friday, seeking a temporary restraining order, injunctive relief, and declaratory relief against Health Commissioner Justa Encarnacion and Danson Nganga, chair of the Virgin Islands Board of Pharmacy, in their official capacities.
On February 13, Nganga notified Forcillo that his license was suspended immediately, citing a “direct order” from Encarnacion and characterizing Forcillo’s continued practice as posing “a direct risk to patient safety.” Neither the order nor any supporting documentation was provided to Forcillo at the time.
The notice informed Forcillo he must cease all activities requiring pharmacist licensure and that the disciplinary action would be reported to the National Association of Boards of Pharmacy (NABP).
Forcillo’s attorneys argue the suspension violated Virgin Islands Code, Title 27, Section 148(b), which requires that a pharmacist receive “due notice and a hearing” before the health commissioner — not the board — may suspend a license. Under that statute, suspension is only warranted after a finding that a pharmacist has engaged in unprofessional conduct, gross carelessness, manifest incapacity, or a violation of relevant regulations. Forcillo received no such hearing, and no findings were made, according to the suit.
Nganga cited the board’s authority under a separate provision — Title 27, Section 154(5) — to recommend suspension, which the lawsuit contends does not supersede the due process protections of Section 148(b).
After his attempts to reach board members went unanswered, Forcillo — through his attorneys at Beckstedt & Kuczynski LLP — sent a letter to Encarnacion on March 20, copied to Nganga. The letter demanded the immediate reinstatement of Forcillo’s license, the withdrawal and expungement of the suspension notice from board files and NABP records, and the release of all materials the board relied upon in issuing the suspension.
A follow-up letter dated April 17 renewed those demands and requested a meeting with the commissioner. Neither letter produced a response.
As a result of the suspension, Forcillo lost his position at Doctor’s Choice Pharmacy inside Plaza Extra East on St. Croix. Because a license suspension in one jurisdiction affects a pharmacist’s standing nationwide, he has been unable to secure employment as a pharmacist anywhere in the country since February 13.
The lawsuit also notes that Forcillo has been unable to complete mandatory disclosures to other jurisdictions, leaving him in professional limbo and unable to respond to inquiries from other state pharmacy boards about the status of his license. He has experienced significant financial hardship and emotional distress as a result.
Filed by attorney Earnesta Taylor, the lawsuit asserts two counts. The first seeks a declaratory judgment that the defendants violated their statutory obligations under Section 148(b). The second seeks injunctive relief on the grounds that Forcillo faces immediate, irreparable harm — harm that cannot be remedied through other legal avenues — as long as the suspension remains in effect.
Forcillo is asking the court to reinstate his license immediately, expunge the February 13 suspension notice from all board records and NABP filings, and compel the defendants to produce the materials upon which the suspension was based. He is also requesting that, if the board pursues further disciplinary action, it be required to provide formal charges and a fair hearing.
Additionally, Forcillo seeks damages for lost income, reputational harm, lost professional opportunities, and emotional distress, as well as attorney’s fees and costs.
