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Friday, June 01, 2012

Ind. Decisions - "Plaintiffs in 2 Weinberger suits must undergo mental exams"

Yesterday's NFP COA opinion in Jeffrey Riggs and Mark Ashmann v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC (NFP) is the subject of a brief story today by Susan Brown in the NWI Times. The story begins:

CROWN POINT | The Court of Appeals of Indiana on Thursday upheld a decision by a Lake County judge to approve psychological evaluations for two men who have sued an indicted former Merrillville sinus doctor.

The medical malpractice suits filed by Jeffrey Riggs, of Crown Point, and Mark Ashmann, of Highland, have been on hold awaiting the results of the appeal. The men's Indianapolis attorney filed the appeal after Lake Superior Court Judge Jeffery Dywan ruled in favor of the mental exams sought by attorneys for Mark Weinberger, who was known as the "Nose Doc."

Weinberger was indicted on 22 counts of health care fraud in Hammond federal court about five years ago. He faces trial in South Bend later this year.

Riggs and Ashmann each filed suit in 2010 after having been patients of Weinberger in 2003.

Each man claimed emotional injuries and feelings of being "duped" after learning Weinberger fled the country. They claim Weinberger drilled holes in their sinuses in the wrong place and did not perform the surgeries they sought.

Posted by Marcia Oddi on June 1, 2012 09:23 AM
Posted to Ind. App.Ct. Decisions