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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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