Case Goes Forward Against Area Doctor Accused of Prescribing Meds That Led to Fatal Overdose

Scott Shindledecker

Scott Shindledecker

Published March 22, 2018 4:30 am
Case Goes Forward Against Area Doctor Accused of Prescribing Meds That Led to Fatal Overdose

Dela TorreJEFFERSON CO., Pa. — Charges have been held for court against a DuBois physician accused of over-providing opioid-based painkillers to a Punxsutawney woman who fatally overdosed.

According to the state Attorney General’s office, Henry Dela Torre, 68, of DuBois, prescribed opioid drugs, including fentanyl and oxycodone, to two patients struggling with addiction, starting in April 2015.

Court documents indicate that District Judge Jacqueline Mizerock ordered the following charges held for court against Dela Torre in a February 21 hearing:

– Administration, Etc. of Controlled Substance By Practioner, Felony (two counts)
– Submit Claim Or Refer Improper Service, Felony 3 (two counts)
– Sale/Give Controlled Substance To Dependent Person, Misdemeanor (two counts)
– Recklessly Endangering Another Person, Misdemeanor 2 (two counts)

Torre is free on $150,000.00 unsecured bail.

The case is currently working its way through the Jefferson County Court of Common Pleas.

In January, Attorney General Josh Shapiro announced felony charges against Dela Torre for over-prescribing opioids that caused the overdose of two related patients. One of the overdoses was fatal.

“The illegal diversion and misuse of prescription drugs are fueling the opioid crisis in Pennsylvania,” Shapiro said.

“Our arrests for unlawful diversions are up 72 percent from a year ago, and we’ve added resources to attack this growing problem. Whether you’re a drug dealer on the street corner or a physician, if your actions help fuel this epidemic, we’re coming after you.”

Shapiro noted studies showing that 80 percent of heroin users began their drug abuse by using prescription drugs.

In 2017, Office of Attorney General agents charged 216 persons for illegally diverting prescription drugs, a 72 percent increase over 2016.

With collaboration from Punxsutawney Police, the investigation into Dela Torre began in August of 2016 after one of his patients, Rachel Shumaker, fatally overdosed. Officers responding to the scene and found multiple bottles of prescription opioids in Shumaker’s name that had been prescribed by Dela Torre.

Attorney General’s agents contacted the pharmacy that filled the prescription. The pharmacy manager said Shumaker was known to have an addiction problem, and he questioned Dela Torre about his opioid prescriptions because the doctor was also treating Shumaker with Suboxone.

Used to treat opioid addictions, Suboxone prevents painful withdrawal symptoms, and patients receiving Suboxone should not be prescribed opioid-based drugs.

In September of 2016, Randal Shumaker, the brother of the overdose victim and also a patient of Dela Torre, overdosed on prescription opioids prescribed by Dela Torre. First responders administered Narcan, and he recovered.

A search warrant was executed at Dela Torre’s practice on Beaver Drive in DuBois, and medical files for the Shumaker patients were recovered. Independent expert review of these files determined Dela Torre “practiced at a level that fell below the standard of care for any reasonable physician.” The expert elaborated in the case of Rachel Shumaker that Dela Torre “was aware of her tendency to overdose and failed to significantly modify his prescribing behavior.”

Dela Torre will be prosecuted by Senior Deputy Attorneys General Jeffrey Baxter and Marnie Sheehan-Balchon and Deputy Attorney General Kee Song.