Some victims celebrate Weinberger plea agreement; lawyer of victim: not enough

The agreement to plead guilty by former Merrillville sinus Dr. Mark Weinberger brought long-awaited satisfaction to some of the alleged victims in his medical fraud case.

Still for others, including a Valparaiso attorney whose client died of cancer after Weinberger allegedly misdiagnosed her, the four-year prison sentence he agreed to isn't nearly enough.

"He's looking at four years, but he has imposed a life sentence on the family of Phyllis Barnes and others whose misdiagnosis resulted in serious problems," attorney Kenneth J. Allen said.

Allen said he is glad to see Weinberger take some responsibly for his past actions.

"But there's a lot more to be borne by him. Four years is nothing when compared to his punishment to both his patients and his profession," Allen said.

The words "guilty plea" sparked celebration Monday in the Hammond home of Jessica Pavey, who said she has waited the better part of a decade for justice.

"It makes me very happy he's admitting he has done wrong," Pavey said. "He has taken advantage of people and needed to be brought to justice."

Pavey said Weinberger examined her about seven years ago when she visited his Merrillville office after experiencing breathing problems.

She said he scheduled surgery during the first appointment.

"I had the surgery but had no marked improvement afterward," said Pavey, noting she still has the same difficulties breathing through her nose.

"It has been a long time now since this all started," she said of Weinberger's case, which included the doctor fleeing to Europe.

"He went from living a lavish lifestyle to living in a tent," Pavey said, referring to Weinberger's December capture in Italy, where authorities found him living in a tent near Mont Blanc.

"Maybe he is now going through his own personal hell, but what he did to people isn't right."

Pavey said she was unaware of the identities of 22 patients who are to receive restitution from Weinberger under his guilty plea to 22 counts of health care fraud.

But she acknowledged she is involved in a civil lawsuit against Weinberger.

Allen, who is handling the civil complaint  against Weinberger on behalf of Phyllis Barnes, of Valparaiso, said Weinberger's plea of guilty doesn't have that much of an effect on the future of his case.

"It doesn't mean much to me. ...Our case wasn't on the bandwagon. Phyllis (Barnes) was the first to sue him," Allen said. "None of that is touched with this agreement."

Barnes' death at age 50 left her daughter, Shawn, without a parent

Allen said Weinberger diagnosed Barnes with nasal polyps and a deviated septum rather than the throat cancer she had.

Barnes died Sept. 6, 2004. Weinberger disappeared days later.