Havertown Doctor Admits To Illegal Opioid Distribution

HAVERTOWN, PA — A Havertown doctor recently pleaded guilty to illegal oxycodone distribution and to importing non-FDA approved drugs for which he billed health benefit programs, federal authorities said.

United States Attorney William M. McSwain said Thomas J. Whalen, D.O., 65, of Havertown, pleaded guilty to charges related to his unlawful importation of foreign, non-FDA approved injectable medications that he falsely billed to health care benefit programs in the amount of nearly $2.3 million, and to unlawfully distributing oxycodone.

Authorial said Whalen knowingly prescribed oxycodone to patients actively using illicit drugs, including heroin and cocaine.

Whalen pled guilty to an Information charging him with one count of health care fraud, one count of importation contrary to law, and two counts of distribution of a controlled substance.

He is scheduled to be sentenced on April 1, 2020.

Whalen faces a maximum possible sentence of 70 years in prison, a $2.5 million fine, three year of supervised release, and a $400 mandatory special assessment.

Whalen owned and operated Rheumatology Consultants, P.C., doing business as Whalen Rheumatology Group, with locations in Havertown, Exton, and Wilmington, Delaware.

As part of his practice, Whalen used medications administrated by injection and infusion to treat his patients.

These medications, including Remicade Synvisc, Synvisc-One, Orencia, Prolia/Xgeva, and Boniva, are made of living cells and are expensive.

Rather than purchase FDA-approved versions of these medicines from authorized distributors, Whalen devised a scheme to purchase much cheaper foreign, non-FDA approved versions of these medications.

Unbeknownst to his patients, Whalen injected or infused his patients with the non-FDA approved medications and then billed federal health care programs, pocketing approximately $1.1 million in illicit gains.

Whalen also prescribed oxycodone to patients abusing illicit drugs. The Information lists two patients to whom Whalen prescribed oxycodone despite receiving multiple urine drug screening results for each that revealed that the patients were simultaneously abusing cocaine and heroin.