Jury Awards $13 Million in Failure to Diagnose Medical Malpractice Case

An Indiana jury awarded the family of Phyllis Barnes $13 million for failure to diagnose lung cancer. Making matters worse, Dr. Mark Weinberger treated her for other medical issues in an intentional money making scheme, the jury found.
Last October, Dr. Weinberger pled guilty to 22 counts of healthcare fraud in which he billed patients for nose surgeries that were never performed. Weinberger faces 350 medical malpractice lawsuits in Indiana.
Weinberger’s defense attorney unsuccessfully tried to convince the jury that the failure to diagnose lung cancer in the Barnes’ case was unintentional. Phyllis Barnes died from lung cancer in 2004 just days before Dr. Weinberger left the country for a vacation in Greece.
Dr. Weinberger had appeared before an Indiana medical review board prior to the medical malpractice trial. The review board found that Weinberger’s actions had violated ethical standards in the Barnes’ case.