ILNews

Weinberger sentenced to 84 months in prison

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

  • Small cookies
    To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag
  • Way too short of a penalty
    Watching this scum bags story on American Greed right now, seven years was a joke. Big ticket criminals get slaps on the wrist, while small time crooks get hard time. Our scales of justice are so out of balance it isn't funny.

    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
    ADVERTISEMENT
    Subscribe to Indiana Lawyer
    1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

    2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

    3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

    4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

    5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

    ADVERTISEMENT