Medical Examining Board panel allows state to add two alleged victims in case against Henry d. Todd, M.D.

A hearing panel of the Medical Examining Board granted the Department of Public Health's motion to amend the statement of charges against Henry d. Todd, M.D., to add allegations involving two additional patients and set deadlines for a defense motion seeking a more definite statement and the department's response.

The department filed the original statement of charges on Aug. 27, 2024. On April 8, 2025, the department moved to file a second amended statement of charges to include allegations tied to “patients 3 and 4,” Attorney Joel Newton said at the April 17 panel hearing. "The Department now moves to amend the statement of charges to include the allegations concerning the misconduct of patients 3 and 4," Newton told the panel.

Paul Spinella, counsel for the respondent, said he did not waive his right to press outstanding procedural motions and asked for time to prepare a new motion for a more definite statement covering the second amended charges. "I am in no way waiving my right to file additional motions, including a more definite statement," Spinella said.

Panel member Dan Riese moved to grant the department's request and the panel voted unanimously to approve the second motion to amend. "I think it's in the public interest to move this process along," Riese said during deliberations. The panel's ruling makes the April 8, 2025, second amended statement of charges the operative charging document.

After granting the amendment, the panel set a schedule for further filings. Spinella must file any motion for a more definite statement by Monday, May 19, 2025; the Department of Public Health was given until Friday, May 30, 2025, to file a response; and the panel scheduled a hearing on those motions for June 5, 2025, at 10:00 a.m. The panel said it would also consider any additional motions Spinella files at the June 5 hearing.

During argument, Spinella said he may also seek written discovery and could file a motion to dismiss following review of the second amended charges. The panel indicated that written discovery requests and any motions would be decided by the panel when filed.

The panel recorded that the second amended statement of charges includes the same first 11 paragraphs as the earlier filing, with new allegations contained in paragraphs 12 through 15, and that the department had withdrawn an earlier motion to amend the statement of charges, making the April 8 filing the controlling document.

No statutory citations or other legal authorities were invoked on the record beyond references to the department's filings and to the statement(s) of charges. The panel adjourned after setting the schedule.