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State not allowed to intervene in Weinberger case

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Finding the law does not allow the state to become a party to otherwise private litigation at any stage of the proceedings, the Indiana Court of Appeals reversed its prior order granting the state’s motion to intervene in a settlement reached between former doctor Mark Weinberger and the estate of a patient.

In Mark S. Weinberger, M.D. v. Estate of Phyllis R. Barnes, Deceased, By Peggy Hood as Personal Representative, Joe Clinkenbeard, P.A., et al., 45A04-1107-CT-369, Phyllis Barnes filed a medical malpractice complaint against the nose, throat and ear doctor after discovering he performed an unnecessary surgery on her sinuses. After getting a second opinion, she learned she had advanced cancer, which could have been discovered at the time she saw Weinberger. After her death, her estate took over her claim.

A jury awarded $3 million in compensatory damages and $10 million in punitive damages, which was later reduced to $1.25 million in compensatory damages and $9 million in punitive damages. The parties then entered into a settlement agreement in which Weinberger agreed to pay $1.72 million and waived the estate’s interest in the punitive damages award.

The state sought to intervene because it would be entitled to 75 percent – $6.75 million – of the punitive damages award under state law.

The Court of Appeals concluded that I.C. 34-51-3-6 does not give the state power to intervene in otherwise private litigation, ostensibly to protect its interest in a punitive damage award. Because the only proper parties to the appeal have amicably resolved their dispute, the COA dismissed as there is nothing left for the judges to decide. Upon petition by the parties, the trial court shall vacate the damages judgment against Weinberger.

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  • Politics before practicality
    Nice job, AG's office. Now you have case law shutting you out of the settlement process entirely. All because you would not reasonably settle the Weinberger case. This is what happens when you put politics ahead of practicality. After all, it's not like Weinberger can pay you from the penitentiary. And, insurance does not cover punitive damages. What a silly position to have taken that resulted in this decision that you're sure not to like.

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  1. Good riddance to this dangerous activist judge

  2. 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.

  3. 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.

  4. 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.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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