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Settlement reached in Weinberger medical malpractice suits

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Rob Tepperman of Munster sensed something odd right after Dr. Mark Weinberger performed surgery to relieve sinusitis in 1999. Tepperman’s wife, Susan, was in the waiting room where she was told Weinberger would be out to speak with her afterward. The doctor never came.

“She was livid,” Tepperman, 56, said. Susan wanted to consult with the ear, nose and throat doctor about follow-up care, so she called Weinberger on his office phone. Tepperman said Weinberger “was rather belligerent toward her.”
 

weinberger-mark-mug.jpg Weinberger

Things got stranger. Tepperman said his condition became worse than before Weinberger operated. Tepperman thought something was wrong after he went to another ENT who told him that he probably wouldn’t have performed the surgery. Tepperman, who owns a Hammond industrial safety supply company, got in touch with attorneys at Theodoros & Rooth P.C. in Merrillville.

Tepperman’s initial sense of wrongdoing by the doctor was cemented when Weinberger disappeared, abandoning his multi-million-dollar Merrillville practice. For years, as claims mounted that Weinberger had performed unnecessary or damaging surgeries and billed for procedures he didn’t do, the jet-setting “Nose Doctor” led authorities on a high-profile manhunt until he was discovered hiding in the Italian Alps in 2009.

Weinberger is now in federal prison, serving a seven-year sentence after pleading guilty this year to 22 counts of health care fraud. More than 300 of his former patients had sued for malpractice, and the majority got a measure of relief recently.


Rooth Rooth

A settlement on behalf of about 280 patients represented by Theodoros & Rooth and Cohen & Malad LLP of Indianapolis taps $55 million from the Indiana Patient’s Compensation Fund. The settlement caps the fund’s liability for claims of patients represented by the two firms.

“While (Weinberger) may be sitting in prison serving time for health care fraud, he’s not serving time for the injuries he caused these patients,” said attorney Barry Rooth, who represented Tepperman.


Cutshaw Cutshaw

Cohen & Malad partner David Cutshaw said patient settlements will average more than $200,000 and range from about $120,000 to $470,000 based on a formula developed by an ethicist who reviewed individual cases. The settlement was approved by Lake Superior Judge John Pera on June 24.

“It was encouraging to see the commissioner of the Department of Insurance step up and make some favorable decisions,” Cutshaw said of the settlement that grew from court-ordered mediation.

“I am pleased that, after over eight years, the parties were able to overcome the roadblocks that had been preventing settlement,” Indiana Department of Insurance Commissioner Stephen W. Robertson said in a statement announcing the settlement.

A special master who oversaw mediation couldn’t resolve disagreement about the scope of liability for ProAssurance, Weinberger’s former malpractice carrier, Cutshaw said. “We’ll be asking the court to expedite a ruling on that.”

The settlement does not cover cases represented by the Merrillville law office of Kenneth J. Allen & Associates. Information from the firm about the status of those cases could not be obtained by IL deadline.

Because some of the cases are now almost 20 years old, Cutshaw and Rooth said, each still must be unraveled with special care. In the intervening years, some former patients died. Some declared bankruptcy. Some lost their homes to foreclosure.

“This presents a cornucopia of legal issues,” Cutshaw said. “There are evidentiary issues unique to Weinberger because he fled the country. … You couldn’t draft a bar exam question that would encompass all that.”

During Weinberger’s years on the lam and even after his extradition, Tepperman said he had doubts that he’d ever see anything from his malpractice complaint. He said it’s also odd to be part of such an unusual case.

“What a fall from grace,” Tepperman said, referring to Weinberger. “He put himself knowingly in a position of committing crimes and victimizing people. He could have had such a successful career had he chosen to help people. He took the course of being, in my mind, a criminal.”

Rooth said Tepperman’s experience “is a good example of what a tragedy this is. Here’s a successful business owner who did his homework,” and was convinced that he was in good hands because of Weinberger’s Ivy League education, top-notch residencies and fellowships, and the apparent success of his practice.

“Thank God I had some good attorneys working on it that stuck with it for years,” Tepperman said. “I’m still dealing with a problem that was worse than when I went in. To have some monetary reward for that is certainly nice.

“My wife’s more thrilled than I am,” he said.•
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

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  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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