Kenneth J. Allen & Associates - Injury Attorneys
Illinois and Indiana Personal Injury Lawyers and Attorneys Trial and Civil Litigation Law Firm.
Passion. Commitment. Excellence.
Those three words best describe the driving forces behind Kenneth J. Allen & Associates. Our firm is devoted exclusively to the practice of Accident and Injury Law, and exclusively to the people - not corporations - seriously hurt or killed in incidents as varied as on-the-job accidents, semi-truck crashes, injuries from a defective product, or loss of life because of a doctor's medical malpractice.
As the only multi-state law firm in Valparaiso Indiana, Merrillville Indiana, Indianapolis Indiana, Northwest Indiana, Chicagoland, Joliet Illinois, Tinley Park Illinois, Chicago Illinois accepting serious injury and wrongful death cases, exclusively, Kenneth J. Allen & Associates is experienced and knowledgeable in the details and procedures that can make or break a case.
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Laws dampen malpractice victory
By Bob Kasarda
| Wednesday, March 04, 2009
VALPARAISO | Attorney Ken Allen and his client should be celebrating this week's news they won a malpractice judgment against a former Merrillville physician who gained national attention after disappearing five years ago.
But Allen said the victory is bittersweet in that Indiana law has allowed bankers to get to Dr. Mark Weinberger's assets before his client, who will now have to wage another costly and lengthy legal battle in hope of receiving a judgment capped at $1.25 million in the death of Valparaiso resident Phyllis Barnes, 50. She died after her cancer was misdiagnosed by Weinberger as a sinus condition, he said.
The delays and caps that were made part of the state's malpractice laws during tort reform in the late 1980s do a better job of protecting bad doctors and the insurance industry than the public, he said.
Allen said he won the first malpractice judgment against Weinberger from a panel of three physicians, which is the required first step when such cases are filed in Indiana.
There are other civil malpractice lawsuits pending against Weinberger, including other clients represented by Allen.
The panel review in the Barnes case was dragged out for five years as a result of the current system and Allen's failed attempt to lay claim to Weinberger's assets along with the creditors.
The Indiana Department of Insurance has the discretion to respond to the panel's finding by paying out up to $1.25 million to Barnes' family, Allen said. But with little confidence that will happen, Allen said he plans to file a malpractice lawsuit in Lake County. Any judgement against the doctor would be paid out of the state's patient compensation fund.
Allen said he is using the case to shed light on what he sees as injustices in the state's tort reform laws. He downplayed the perception the changes were needed to protect against "runaway verdicts" by saying there are plenty of opportunities to appeal rulings in the courts.
Weinberger, who was featured late last year on the "America's Most Wanted" television show, remains at large, Allen said.