$13 million verdict in Nose Doctor Weinberger malpractice case

Phyllis Barnes

Where did the incident take place?

N/A

Who was involved in the incident?

Dr. Mark Weinberger- Ear, Nose, and Throat specialist

Joe Clinkenbeard, P.A.- Physician’s Assistant at Family Practice Network.

Phyllis Barnes was a patient of Clinkenbeard in 2000 and 2001, and a patient of Dr. Weinberger is 2001.

What was the cause?

During and pursuant to their course of treatment of Phyllis, Defendants should have suspected, diagnosed, and referred Phyllis for cancer treatment, and had Defendants done so, Phyllis would not have needed chemotherapy or laryngectomy and would likely have survived her cancer.

 Who do you feel is at fault?

Both Mr. Clinkenbeard and Dr. Weinberger for failing to comply with the standard of care applicable to Physician’s Assistants and ENT specialists, respectively.

Jury found against Dr. Weinberger only.

 What did Kenneth J. Allen Law Group do to prepare for this case?

Went through the Medical Review Panel process as required by the Indiana Medical Malpractice Act, where the panel of doctors found both Mr. Clinkenbeard and Dr. Weinberger negligent.

Any other pertinent information you’d prefer to share?

Plaintiff also sought punitive damages from Dr. Weinberger for his fraudulent, oppressive, and willful or grossly negligent conduct in performing unnecessary sinus surgery on Phyllis, worsening her condition. Jury returned verdict for $3 million in compensatory damages and $10 million in punitive damages.

Click here to read the CBS Chicago story on this case

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Who was at fault?

Are you receiving medical treatment?  Yes No

Have you had or do you need surgery?  Yes No

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