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Weinberger sentenced to 84 months in prison

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A judge on Friday rejected former Merrillville "nose doctor" Mark Weinberger’s request to be released from federal prison for time served and instead ordered him to spend almost another four years behind bars for fraud.

Chief Judge Philip Simon of the U.S. District Court for the Northern District of Indiana in Hammond sentenced Weinberger to seven years in prison for 22 counts of health care benefit fraud to which Weinberger, 49, pleaded guilty. Weinberger already has spent about 37 months in the Metropolitan Correctional Center in Chicago.

The sentence exceeded the 37 to 46 months called for in federal sentencing guidelines, but Simon also considered Weinberger’s flight from the country as an enhancement, according to attorneys who were in court for the sentencing. The former ear, nose and throat doctor spent more than five years on the run after malpractice claims against him began to mount.

“I think that the judge considered the most important factor and that is something I’ve been living with for eight or nine years, and that is the mess he left in his wake,” said Cohen & Malad attorney David Cutshaw, who is part of a team of litigators representing 288 Weinberger malpractice clients.

Weinberger also will serve two years of supervised release and was ordered to pay about $108,000 in restitution.

Attorneys representing medical malpractice claims against Weinberger on Tuesday submitted a letter to the court that challenged claims in his sentencing memorandum in which he asked the court to be released for time served, as it fell within sentencing guidelines. The memorandum said “no credible evidence exists to indicate that Dr. Weinberger performed fraud in any other case other than the 22 cases for which he has been indicted and for which he had pled guilty.”

The letter in response said that assertion caused “great concern” because “of the 90 cases we have submitted to medical review panels, including the seven we have tried, we have yet to identify a single case in which Weinberger performed the ethmoid and sphenoid surgeries he billed for.”

Barry Rooth of Theodoros & Rooth P.C. in Merrillville, which also is involved in the bulk of malpractice litigation, said the letter aimed to give voice to victims whose cases weren’t considered in Weinberger’s criminal case.

“Our intent was to provide the prosecutor and the U.S. attorney with additional materials which we believe would increase the economic loss of similarly situated patients to a number that would constitute (sentence) enhancement,” Rooth said before sentencing Friday.

There are more than 350 medical malpractice claims against Weinberger, and his insurer recently won a default judgment against him because he has refused to answer questions in depositions. A federal judge is considering a request from the Indiana Patient Compensation Fund that a special master be appointed to handle the pool of Weinberger claims.

Rooth said patients would like to hear Weinberger at least acknowledge in depositions that he was their doctor, and he has vowed as a condition of his sentencing to answer questions about the cases against him.

“We’d love to hear what he has to say for himself,” Rooth said.
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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