The Runaway Doctor - Theodoros & Rooth

Theodoros & Rooth, P.C., founder Barry D. Rooth played a key role in a case involving Dr. Mark Weinberger, M.D., dubbed “The Runaway Doctor” by Vanity Fair.

If you lived in Northern Indiana during the early 2000s, you might have seen Dr. Mark Weinberger’s “The Nose Doctor” billboards. Driven by greed, Dr. Weinberger performed hundreds of unnecessary sinus surgeries on patients and collected the insurance money. He fled the country in 2004 while on vacation in Greece, and was later found living in a tent on the snowy southern slopes of the Italian Alps in 2009. He eventually pleaded guilty to 22 counts of health care fraud.

We’d like to cover some of the details of the Runaway Doctor case to honor the late Barry D. Rooth, a founding partner of our law firm. Barry played a key role in securing a $55 million settlement for over 280 victims of Dr. Weinberger. This is a testament to Barry’s profound integrity and unwavering commitment to justice. His compassion and professionalism continues to inspire us all.

If you’ve received substandard or negligent medical care in Northern Indiana, our Lake County law firm can help. For a free consultation, contact our Meriville law office today. You can also reach Theodoros & Rooth, P.C. by phone at (219) 883-2852. We are your guardians for justice.

Mark Weinberger: The Nose Doctor of Meriville, Indiana

As recounted in Vanity Fair, Dr. Weinberger began practicing in Merrillville in 1996 as an ear-nose-and-throat surgeon. While Lake County seemed like an unexpected place for the affluent doctor to start a practice, he seemed to understand the region. Steel mills and other industrial jobs in Northern Indiana contributed to numerous sinus problems among workers and the general population. Many factory and blue-collar workers also had health insurance, and Dr. Weinberger accepted all types of coverage.

He eventually opened the Weinberger Sinus Clinic in 2002. As Vanity Fair noted, Dr. Weinberger’s reputation was clean at that point, and there were no medical malpractice complaints against him through 2001.

At this time, the Nose Doctor began to abuse the system and perform countless unnecessary operations on patients. According to Vanity Fair, “At least 90% of the patients who came to see Weinberger were advised on their very first appointment that they needed some type of sinus-related surgery.”

Failed Diagnosis and Hundreds of Unnecessary Surgeries

One of the early examples of medical malpractice by Dr. Weinberger involved a 47-year-old patient named Phyllis Barnes.

Phyllis was recommended the Nose Doctor by a colleague after complaining of a persistent cough, spitting up blood, and difficulty breathing. In September 2001, Dr. Weinberger scanned her sinuses and performed an ineffective sinus surgery. Despite her symptoms, Dr. Weinberger neglected to run tests on her throat or perform a throat exam.

Phyllis’ health issues got worse after surgery, and she visited another ENT doctor in December 2001. That ENT knew right away she was suffering from throat cancer, not a sinus problem. The tumor in her larynx was visible on routine examination just three months after seeing Dr. Weinberger.

Phyllis would eventually pass away from throat cancer in 2004.

An Assembly Line Rather Than a Medical Practice

As complaints grew about Dr. Weinberger, lawyers discovered that the Nose Doctor would sometimes see more than 100 patients a day and take on up to 120 new patients a month. He would only spend a few minutes with each patient, more intent on collecting insurance money rather than helping them with their health issues.

One legal document cited in the Vanity Fair piece likened the Weinberger Sinus Clinic to an assembly line. Records indicate that Dr. Weinberger performed hundreds of medically unnecessary sinus surgeries in 2003 and 2004. As recounted in The Guardian, the Nose Doctor was often performing anywhere from 7–15 surgeries a week.

Outdated Surgery and Unethical Practices

In addition, Dr. Weinberger often performed an outdated type of sinus surgery that would make his patients’ conditions worse. This substandard sinus procedure drained mucus further back into the sinuses, which often caused patients to develop chronic sinusitis.

One patient, William Boyer, agreed to undergo a sinus procedure after being shown an off-putting image of bloody and infected polyps that were supposedly inside his sinus cavity. In court testimony, it was later revealed that Boyer was shown images of someone else’s sinuses.

Furthermore, Dr. Weinberger ignored an EKG that indicated William had an irregular heartbeat, which should have given him pause about performing a surgical procedure. The Nose Doctor increased the potential danger of the sinus surgery by giving William epinephrine and cocaine (the latter of which, believe it or not, has legitimate medical uses).

As with hundreds of other patients at the Weinberger Sinus Clinic, the sinus surgery only worsened William’s condition.

The Nose Doctor Runs Away

As the medical malpractice cases against Weinberger mounted, he decided to go on vacation to the Greek island of Mykonos in September 2004 with Michelle Kramer (his wife at the time) and several others. He had lived an extravagant lifestyle for many years at this point.

One morning, Weinberger simply left without a trace. When Michelle returned home to Chicago, her husband had left her with $6 million in liabilities. No one could get in touch with him or uncover his exact whereabouts, though credit card statements revealed he was likely evading justice in the south of France.

Michelle filed for bankruptcy in 2005 and was finally granted a divorce in 2006. She would appear in magazines and on television (including Dateline and America’s Most Wanted), sharing her story in hopes that her husband would be found and finally brought to justice.

According to Vanity Fair, Weinberger made a confession to Michelle not long before he fled: he disliked patients and didn’t enjoy being a doctor.

The Runaway Doctor Gets Caught

Weinberger spent years in the town of Courmayeur, Italy, which is near Mont Blanc. His location was discovered after he stopped paying rent on his apartment. This led Italian authorities to discover his true identity as well as an international warrant from Interpol.

Weinberger was finally found in December 2009. He was living in a tent 6,000 feet above sea level in the Alps, with temperatures well below freezing. He survived on dried and canned food, melting snow for drinkable water.

While being questioned by Italian authorities after arrest and booking, the doctor drew out a concealed knife and presumably tried to take his own life by cutting his throat. The self-inflicted wound was not deep.

The Runaway Doctor Is Sentenced and Resettles After Prison

Upon extradition to the United States, the Runaway Doctor pleaded guilty to all 22 counts of health care fraud. According to CBS News, he was sentenced to 7 years in federal prison.

According to a 2021 report from Dateline and NBC 5, Weinberger spent less than 5 years behind bars and has since moved to Florida. While barred from practicing medicine, he’s since dabbled in cryptocurrency online and is now a yoga influencer.

Barry Rooth Secures a Settlement for Over 280 Former Patients

As reported by the Associated Press, attorney Barry Rooth helped secure a $55 million settlement for more than 280 victims of the Runaway Doctor. This was achieved by Theodoros & Rooth, P.C. alongside CohenMalad, LLP and the Indiana Commissioner of Insurance.

The $55 million settlement was approved by Judge Pera of Lake Superior Court in Crown Point, Indiana.

While these patients endured so many difficulties and further health issues because of Weinberger’s greed, our law firm was proud to offer assistance and provide some sense of closure after so many years of pain, confusion, and uncertainty.

Our Firm Continues to Advocate for Indiana Patients

Barry Rooth made sure that more than 280 people received compensation for what they experienced. It wasn’t for headlines or for clout. Barry fought for these people because it was the right thing to do, and because he was an excellent lawyer and advocate.

Our team strives to embody Barry’s unwavering leadership, mentorship, and dedication. We will make sure that the fight for justice he started when he founded our firm in 1988 continues with us.

Other Examples of Medical Malpractice and Negligence

At Theodoros & Rooth, P.C., we represent injured patients and their families all over Lake County, IN. If you have questions about medical malpractice or negligence, you can count on us to provide answers as well as strong legal advocacy.

The Runaway Doctor case highlighted the dangers of unnecessary surgery as well as failed diagnosis and misdiagnosis. Yet those are just a few different kinds of medical malpractice.

Surgical Mistakes: Surgical errors include operating on the wrong part of the body, excessive blood loss during surgery, leaving surgical instruments inside the patient, and infections during the surgical procedure.
Anesthesia Errors: Anesthesia errors might involve administering too much or too little anesthesia, failing to check for potential allergies to anesthesia, negligent monitoring of a patient’s vital signs, or errors with intubation.
Delayed Diagnosis: Delayed diagnosis is when a doctor or specialist notices the telltale signs of a serious health condition but does not proceed with treatment. If the doctor later diagnoses the condition, it can result in more invasive and expensive care.
Birth Injuries: Birth injuries can affect the health of a baby as well as the mother. Whether the case involves a delayed C-section or injuries to the newborn during delivery, our lawyers are ready to help.
Hospital Negligence: Negligence in a hospital setting could refer to failure to monitor patients, infections due to poor hygiene, inadequate staffing or training, and administrative errors that affect patient care.
Prescription Mistakes: Prescription errors could occur when doctors fail to consider allergies and contraindications, or when pharmacists provide patients with the wrong drug or mishandle medications.
Nursing Home Abuse: With so many seniors living in assisted-living facilities, our law firm can help keep nursing home residents safe from abuse, neglect, mistreatment, and misconduct.

You Have a Limited Time to File a Medical Malpractice Lawsuit

In the state of Indiana, you have two years from the date of the mistreatment or negligence to file a medical malpractice lawsuit.

Once that two-year statute of limitations has passed, you will not be able to take legal action.

The Discovery Rule

There are some exceptions to this two-year deadline. One example involves the discovery rule. If a medical condition is not readily apparent, the two-year statute of limitations would begin when you discovered the health problem.

For instance, say that a surgeon left an instrument inside a patient’s body, and it was only discovered a year later during an X-ray. The statute of limitations would begin on the date of the X-ray.

It’s Best to Speak with a Medical Malpractice Lawyer ASAP

Even though you have up to two years to take legal action, it’s best to contact our Lake County medical malpractice attorney as soon as you can. Our team can review what happened and start securing evidence to build your case.

We Offer Free Consultations So You Can Share Your Story and Seek Justice

If you’ve experienced a major health problem, the last thing you want to see is another bill. We know how frustrating that feels, which is why Theodoros & Rooth, P.C. offers free and confidential legal consultations.

Share your story with us. Tell us how your life has been affected by a bad doctor or a negligent surgeon. We’ll let you know if you have a case and what steps to take next in order to secure compensation.

As we work on your case, our attorneys will be available 24/7 whenever you have a question or an issue comes up. We want to offer peace of mind and reassurance so you have one less thing to worry about.

Contact Our Lake County Medical Malpractice Lawyers

Barry Rooth helped so many people throughout Northern Indiana. We honor his legacy and commitment by continuing to represent the people in our community by holding negligent and unscrupulous medical professionals accountable. When it feels like the healthcare system has let you down, Theodoros & Rooth, P.C. will be your guardians of justice.

For a free case evaluation with our experienced team of Lake County medical malpractice attorneys, contact our law firm today. You can also reach our Merrillville law office by phone at (219) 883-2852.