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Weinberger cases settle for $55M

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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.”

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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

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  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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