Indiana Commissioner of Insurance Stephen W. Robertson, David C. Cutshaw of the Indianapolis law firm of Cohen & Malad, LLP and Perry Theodoros of the Merrillville law firm of Theodoros & Rooth, P.C., announced a $55,000,000 settlement which will provide compensation to 282 former patients of Mark Weinberger, M.D., who claimed he committed medical malpractice.  The settlement was approved June 24 by Judge Pera of the Lake Superior Court in Crown Point, Indiana.

“I am pleased that, after over eight years, the parties were able to overcome the roadblocks that had been preventing settlement,” said Commissioner Robertson.

Weinberger, who formerly advertised himself as “The Nose Doc” left the country in 2004, after which Weinberger was indicted on 22 counts of health care fraud.  He is currently serving a seven-year sentence after pleading guilty.

Attorney Cutshaw said, “Coming to a resolution of the cases with the Department goes a long way toward closure for Dr. Weinberger’s patients.”

The civil lawsuits filed by the former Weinberger patients, most of which were filed in 2004 and 2005, alleged that Weinberger performed unnecessary and/or negligent surgeries and subjected the plaintiffs to unnecessary pain and suffering.  Cohen & Malad, LLP, and Theodoros & Rooth, P.C., jointly represent 282 plaintiffs in lawsuits against Weinberger.

Attorney Barry Rooth noted, “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.  It’s been a long road for them.”

Under Indiana law, health care providers are only responsible for a portion of any medical malpractice liability.  Excess liability is paid by the Indiana Patient’s Compensation Fund, which is administered by the Commissioner.

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