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Judge Rejects Plea Deal For Indiana Nose Doctor

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Mark Weinberger

“Nose doctor” Mark Weinberger has pleaded guilty to federal criminal healthcare fraud charges. (Credit: CBS)

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HAMMOND, Ind. (CBS) – A federal judge rejected a plea agreement Wednesday morning for an infamous former Northwest Indiana nose doctor, and the doctor will likely now go to trial.

U.S. District Judge Philip Simon issued the ruling for Mark Weinberger of Merrillville, Ind., saying the plea didn’t cover the full scope of criminal conduct.

Weinberger pleaded guilty in October to 22 counts of health care fraud. The charges stemmed from claims that he never actually performed nose surgeries on his patients, then billed Medicaid.

The plea agreement would have forced the court to sentence Weinberger to four years in prison. The case has gone on for six years now, after Weinberger fled the country in 2004 when patients started to file complaints against him.

Last month, a jury in Hammond awarded a $13 million verdict against Weinberger, on behalf of a woman who died of cancer that he didn’t diagnose when performing sinus surgery on her.

Weinberger was accused of performing the unnecessary sinus surgery on Barnes. Allen contended their alleged failure to diagnose Barnes’ cancer led to her death in 2004 at age 50.

Weinberger is being sued for medical malpractice by more than 350 other former patients.

Federal criminal charges against Weinberger came in 2006. He was arrested as a fugitive in northern Italy three years later, and was brought back to Indiana after trying to commit suicide with a box cutter he had hidden in his rectum.

The Northwest Indiana Post-Tribune contributed to this report, via the Sun-Times Media Wire

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  • chicagoan

    I’m pretty sure he was arrested in 2009 rather than 1999

  • carmen d.

    Federal criminal charges against Weinberger came in 2006. He was arrested as a fugitive in northern Italy in 1999, and was brought back to Indiana after trying to commit suicide with a box cutter he had hidden in his rectum.

    Wow! thats gotta be pretty uncomfortable :(

  • lee

    The powers that be will probably give him a medal for creative thinking. Our empowered leaders reward or overlook “caught’ behaviors and create laws that protect criminals so they won’t be traumatized..

    I personally believe he should be put through an extreemly slow and agonizing death without wasting any more of our time or hard earned money.He has already been found giulty, no more trials.

  • Truth

    WOW…..This is the smartest judge I’ve ever heard of. GREAT JOB !!!!!

  • Taxpayer

    This is truly pathetic. A plea deal is supposed to save taxpayers the cost of a trial.. 4 years is long enough. Remember, many rapists only do 10 years. This judge is way out of line.

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