Lung Cancer Misdiagnosis Trial Against Fugitive Doctor Underway

Trial has begun in a wrongful death lawsuit filed against an Indiana doctor who faces hundreds of medical malpractice lawsuits and attempted to hide from the law on a mountain in Italy. 

Opening arguments began yesterday in a claim for medical misdiagnosis against Dr. Mark Weinberger, who is being sued by the family of Phyllis Barnes. Weinberger repeatedly invoked his fifth amendment rights during questioning last week, saying his attorney told him to do so to avoid incriminating himself. Barnes’ family alleges that she died as a result of Weinberger’s failure to diagnose lung cancer.

Barnes went to Weinberger, known as the “Nose Doctor,” after seeing a billboard advertisement. She was suffering from a scratchy throat and sinus problems. Weinberger allegedly performed unnecessary surgeries on her and missed that the problem was caused by lung cancer.

Weinberger fled the country in 2004, just days after Barnes’ death. According to a report by The Chicago Tribute, the doctor faces more than 350 medical malpractice suits, criminal billing fraud allegations and a breach of contract lawsuit by his insurance provider, which sued to drop coverage after he fled the country. In 2009, he was extradited from Italy after being found living in a tent on the side of a mountain.

The lung cancer misdiagnosis lawsuit brought by Barnes’ family charges Weinberger with negligence. The family is asking for about $50 million in punitive damages, but has indicated that it does not realistically expect to get the money. They hope a guilty verdict by a jury will prevent Weinberger from ever practicing medicine again.

Weinberger faces sentencing on April 27 for 22 counts of health care fraud because he billed nearly two dozen patients’ health insurance carriers for medical procedures that never happened. Weinberger plead guilty to the charges in October.