Judge Rejects Plea in Indiana Doctor’s Malpractice Case

An American former surgeon who was captured on a mountain in Italy after more than five years on the run has withdrawn his guilty plea on federal health care fraud charges after a judge told him he was rejecting a plea deal.

U.S. District Judge Philip Simon told Mark Weinberger that he could not accept a plea agreement that called for Weinberger to serve four years in prison because he was not confident it took into account the scope of his crime.

Weinberger pleaded guilty in October to 22 counts of billing insurers and patients in Indiana for procedures he didn’t perform. Simon questioned federal prosecutors’ decision to focus on just 22 cases when there were at least dozens more.

At least 18 people treated by Weinberger urged Simon to reject the plea deal.

Weinberger was ordered in March 2010 to pay $13 million to relatives of Phyllis Barnes of Valparaiso. Weinberger treated Barnes for sinus problems but didn’t diagnose the advanced throat cancer that killed her.

The lawsuit is among 300 malpractice suits Weinberger faces from his Merrillville nose and sinus clinic. He was indicted in 2002.

He was arrested in December 2009 near Italy’s border with France as he hid on a snowy mountain as allegations mounted concerning his medical practice. Weinberger was brought back to the United States in early 2010.

Federal prosecutors subsequently requested a mental evaluation for Weinberger because of his purported suicide attempt and unwillingness to answer questions about his understanding of court proceedings.

Weinberger was hospitalized after Italian authorities say he stabbed himself in the neck while being arrested.