ILNews

Settlement reached in Weinberger medical malpractice suits

Back to TopCommentsE-mailPrintBookmark and Share

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.•
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Been there 4 months with 1 paycheck what can i do

  2. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  3. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  4. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  5. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

ADVERTISEMENT