ILNews

Weinberger cases settle for $55M

Back to TopCommentsE-mailPrintBookmark and Share

Hundreds of patients of a former Merrillville ear, nose and throat doctor serving a seven-year federal sentence for health-care fraud will be compensated for their medical malpractice claims through a $55 million settlement.

The Indiana Department of Insurance and two law firms that represent 282 malpractice claimants announced the settlement in a joint statement Monday. The patients represent the majority of more than 350 malpractice claims against former Dr. Mark Weinberger, who billed himself as “The Nose Doctor.” The settlement involves patients represented by Cohen & Malad LLP of Indianapolis and Theodoros & Rooth P.C. of Merrillville.

Weinberger was sentenced in October after he pleaded guilty to 22 counts of health care fraud. Weinberger eluded authorities for years after initial malpractice claims were filed in 2004. He was discovered hiding in the Italian Alps in 2009.

Patients accused Weinberger of performing unnecessary or outmoded surgeries, including drilling holes in patients’ sinuses, which worsened their conditions. Weinberger refused to answer questions in the civil cases, attorneys said.

“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.

The settlement was signed Monday by Lake Superior Judge John Pera.

“Coming to a resolution of the cases with the department goes a long way toward closure for Dr. Weinberger’s patients,” said David Cutshaw of Cohen & Malad.

Under the settlement, the Indiana Patient’s Compensation Fund will provide $55 million to pay malpractice claims. Cutshaw and Barry Rooth of Theodoros & Rooth said Monday that litigation against Weinberger's medical malpractice insurance carrier will continue.

“There are limits of liability that are still in our view available,” Rooth said in an interview.

Cutshaw said plaintiffs signed off on settlements that were reviewed by an ethicist who assigned value to each claim based on certain objective factors. Claimants were aware of the total settlement, how much they would receive and how much others, identified by initials, would receive.

“On behalf of our clients, I’d like to express our appreciation to Commissioner Robertson for his willingness to take the necessary and unprecedented steps to compensate Weinberger’s many victims,” Rooth said in the statement. “It’s been a long road for them.”

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

  2. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

ADVERTISEMENT