CLEARFIELD – The case against a DuBois doctor accused of over-prescribing medications to two patients in 2015-16 will go to the jury Friday in Clearfield County Court.
In January of 2018, Henry G. Dela Torre, 70, was charged with two felony counts each of administration of controlled substance by practitioner and submitting claim or referring improper service.
Dela Torre was also charged with two misdemeanor counts of giving controlled substance to dependent person and recklessly endangering another person.
The charges stem from an investigation into the fatal overdose of one of his patients, Rachel Shumaker, on Aug. 21, 2016 at a Punxsutawney residence.
Local police contacted narcotics agent James Embree with the Attorney General’s Office over Shumaker’s fatal overdose because of the multiple opioid prescriptions at the scene.
These medications were in Rachel Shumaker’s name and had been prescribed to her by Dela Torre, according to previous trial testimony.
On Sept. 30, 2016, her brother, Randal, also a patient of Dela Torre, overdosed. However, he was administered two doses of Narcan and recovered to his normal state.
After the second overdose, Embree was contacted again, and the investigation was turned over to narcotics agents with the Pennsylvania Attorney General’s Office, Diversion Unit.
When Dela Torre took the witness stand Thursday in his own defense, he told jurors he started his medical practice in 1982, and that Rachel Shumaker was his most complex case in 30-plus years.
At the request of a colleague who was also her relative, he accepted Rachel Shumaker as a patient at his DuBois office in April of 2015.
Dela Torre described a young, single mother who had a long history of opioid addiction, including heroin, and who also had severe bouts with anxiety.
At her first visit, he said she indicated she’d been on Suboxone since 2008, but she wanted to wean herself off the drug. So, he reduced her Suboxone dosage and prescribed her a low dosage of Klonopin to help with her anxiety.
Dela Torre said after he began treating her drug addiction, Rachel Shumaker began to complain about back pain, and this worsened over time.
He said she was treated with steroid injections and he referred her to a pain clinic. He also counseled her on living a healthier lifestyle, and offered tips like to quit smoking, to drink more water, to get more sleep and to attend church regularly.
Dela Torre said it appeared initially that Rachel Shumaker’s condition improved, but in the end, her condition worsened and he ordered an MRI.
He testified that in early 2016, he began to feel really uncomfortable with treating Rachel Shumaker for both her drug addiction and as her primary care physician.
He said he thought it would be best for her to have a different PCP; however, multiple physicians refused to accept Rachel Shumaker as a new patient.
Dela Torre said he then decided to transfer treatment of her opioid addiction to Vita Nova, Clearfield, in March of 2016.
When she was discharged one month later for non-compliance, he decided to stop her treatment for her drug addiction and to convert to pain management.
He said she had a herniated disk and a muscle tear in her left hip that caused “constant” pain. Because she walked with a cane and favored her right leg, he said this made her back problem even worse.
At the request of her orthopedic surgeon, Dela Torre said he stopped prescribing Suboxone to Rachel Shumaker and instead prescribed Oxycodone.
He said Rachel Shumaker was expected to have surgery to help relieve her pain, and in July of 2016, he prescribed Oxycodone and Fentanyl to make her pain more manageable until surgery.
Dela Torre said while his prescribing practices for Rachel Shumaker made him feel uncomfortable, discharging her wouldn’t have done his patient any good.
He said his patient was obviously “desperate” for relief from her constant pain. “I’ve taken many oaths to help people, and I think maybe I helped Rachel until I put myself at risk.”
Dela Torre testified that he cared deeply for all his patients, including Rachel and Randal Shumaker. He said he especially cared for Rachel Shumaker because she was facing so many challenges.
Also, on Thursday jurors heard from multiple character witnesses, including Carol Foltz, Dr. Phuong T. Wirths, Dr. Earl Morgan and Dr. Lisa Pfingstler.
All four testified that Dela Torre, in general, has a solid reputation of being honest, trustworthy and law-abiding within his community.
Closing arguments will begin at 9 a.m. Friday before President Judge Fredric Ammerman in Courtroom No. 1 at the Clearfield County Courthouse.
