Conspiracy, Fraud Trial of Lawyer
Federal prosecutors say some local doctors and lawyers conspired to rip off their clients and patients for tens of millions of dollars. On Tuesday, the first of what may be dozens of prosecutions began. George Knapp is following this case and has been since the beginning. What do you think of this? Conspiracy?
Categories: Crime, I-Team, Lawsuit, Medicine, Nevada Events
February 20th, 2008 at 7:49 am
I have known Noel Gage and his first wife for many years. My daughter went to a private school with his two girls. His family is lovely, and he has always treated them well. I am an attorney who practiced in the same county court in Michigan most of the time where Noel practiced. We entertained the Gages in our home and held an election fundraiser party for his wife and a number of others running for judgeships at the same time. His lovely wife and I were in the same social and professional circles.
Most people I know considered Noel too arrogant although he was a very good attorney. Never at any time was there the slightest whisper that Noel conducted himself in any way that would suggest he would even consider committing the crimes with which he currently stands trial. I personally have no knowledge of anything illegal that he has ever done.
February 20th, 2008 at 8:13 am
im one of people dr kabins operaded on in sept28 1995 thank you George Knapp.
February 20th, 2008 at 8:31 am
these surgeons and lawyers should be stripped of their license and sent to jail. all off them! immunity or no immunity, they should not be allowed to practice in the united stated ever! they are just greedy, crook and plain and simple criminals!
February 20th, 2008 at 11:40 am
I’m one of the people who Kabins WANTED to operate on. when I refused to have surgery, Vannah dropped me as a client. that alone speaks volumes about these people.
February 20th, 2008 at 3:14 pm
Gage is not the biggest player in the Awand web. Awand’s doctors and lawyers have lied in personal injury litigation for many years. This benefitted Awand and his band of attorneys and doctors, but never the patients who underwent multiple spine surgeries for no reason other than to inflate their otherwise meritless personal injury claims. There will be a higher justice for these greedy criminals.
February 20th, 2008 at 8:36 pm
I agree with the statement above. Lawyers and Doctors should be stripped of there licenses and sent to jail – no immunity!!! Thanks for playing with human lifes!
I nearly died and they covered it up, hope they can sleep at nite!
February 20th, 2008 at 9:33 pm
The amount of insurance fraud that goes on in this state is absolutely unbelievable…unless you are in the insurance industry you really don’t have any idea. Why are lawyers & law firms directing medical treatment and referring patients to doctors? Isn’t that the job of the Primary Care Physician? And why are these same lawyers & firms referring their clients to the same doctors over and over? I’ve got STACKS of files where you see the same thing over & over & over again….surgery when it’s not necessary, injections for no good reason…all in an attempt to build up the value of claim. The same doctors, the same lawyers, the same diagnosis, the same procedures. Pathetic!
To those of you who are outraged….let your outrage be known when you are called for jury duty for a personal injury case. Demand tort reform from your elected officials.
There is no reason why anyone should have to pay 3 times (or more) for insurance when they move to Nevada. Unfortunately we do because of the amount of insurance fraud that goes on in this state.
February 21st, 2008 at 6:59 pm
The above comment #7 was written by an insurance defense lawyer. That same lawyer will hire a hack doctor (the doctor makes $300,000+ a year working for insurance companies or the law firms hired by them) to write a report which will emphatically state that you are not hurt and are faking your injuries. They will surveil your home so they can catch you trying to get your life back to normal to show that you are not injured. Plaintiff’s attorneys believe their clients until they have facts to prove otherwise. Insurance defense attorneys believe everyone is faking it. Regardless of the merits, they will still hire the same hack doctor to limit your recovery. If you are injured and you think that an insurance company will give you a fair settlement, good luck to you. The insurance adjuster gets a bonus at the end of the year for cutting your settlement in half or worse. If a doctor is performing unnecessary surgeries or procedures he should go to jail. Plain and simple. In the end, it’s the plaintiff’s experts vs. the defendant’s experts and a jury resolves the dispute unless the case settles. That’s the battle folks. What’s going on now, is a public debate sponsored by the insurance industry. It’s not new, the insurance industry just got done doing this in California. Just like the med-mal debate, they want to sway public sentiment to their side. In the med-mal debate it worked.
February 21st, 2008 at 7:19 pm
I was injured and had to undergo surgery. My insurance wouldn’t pay because they said the hospital billed them too much. I can’t even remotely side with insurance companies they are the rip off! having said that people should look inside there hearts and do the right thing be they a Dr. or a Lawyer or an insurance company.
comment by patient
February 21st, 2008 at 8:46 pm
I totally agree with comment #7. Why would anyone be in agreement with tort reform-all it does is limit your rights. I personally know some of the people involved. I have attended the parties in Big Bear and I have seen several district court judges at these parties also. I have read the allegations and have knowledge about several of these cases. I agree that some things were done that were unethical and immoral and people need to be held accountable for those deeds but I am not sure I agree that anything criminal has taken place. Attorney’s are allowed to hire experts to help them prepare a case-it is right there in the fee agreement! They are not allowed to fee-split however and that is something that may have occured. If a doctor performed a surgery that was not needed then they need to also be held accountable but let’s not forget that it is ultimately the doctor that holds the scaple not the attorney! Yes, attorneys use the same docs over and over again, they develop relationships with certain doctors and become comfortable with them-that is not illegal nor unethical! Like stated above the insurance companies will use the same docs again and again also. Oh, I could go on forever but it is up to the jury to decide. My heart goes out to all the families.
February 21st, 2008 at 10:27 pm
It will be interesting to watch what happens tp these scumbags (lawyers and doctors) ………Let us all watch these criminals in action as they get away with these injustices by cunning legal maneuvers. Noel, what goes around comes around……….OUR TAX PAYERS MONEY AT WORK… SEND THEM ALL TO CHINA!!!!!!
February 22nd, 2008 at 11:29 am
People………please……..all of these individuals are innocent until PROVEN guilty. Let’s let the system do what it’s designed to do before we start throwing stones. If you do not know these men personally or professionally, you have no right to judge them.
February 22nd, 2008 at 6:37 pm
The doctors and the lawyers need to be held accountable for what they have done to people. There is a piece missing here though. The medical community as a whole is accountable here. There are peer review processes that have repeatedly failed to protect the patients. The hospitals, the administrators, and everyone involved in patient care knew what was going on and talked about it openly. It continued because of greed. The hospitals wouldn’t turn away a doctor or his cases because it meant big $$$. Shame on the Las Vegas medical community and everyone involved who stood by and just accepted it. I didn’t. I spoke my peace and moved out of nursing and away from Nevada. I regret ever having been a part of it.
February 27th, 2008 at 12:42 am
I am a person who was hit by an old person back in 2002.!!!! For 21/2 years I did EVERYTHING to fix my injuries. I am fairly young and surgery is and was my very LAST option. I unfortunately rapped up in this on going F>>>>game with the attorneys (ON BOTH SIDES): a surgereon who I had throughly research over and over, and thought was a very good choice, and then ended up with a lawyer who, lets say prolonged my misable life situation, due to the legal game, run around and so forth. Did everything I was instrusted to do, went back to the Dr. for surgery, and know because of this hole ordeal won’t do the surgery,until my case is settled. I have been violated over and over by the insurance company. I have been spied on, lyed to, had my life totally violated, just to find out that my own attorney is “suspected” of doing the same. Now what???? I don’t know who to trust, where to turn, and at the end of the day, Im still not better. My family still is affected everyday by this accident, and I can’t get “truthful” legal help, the insurance company is trying to say that “all discograms” are not sufficiant evedience to need back surgery. If the insurance companies win that fight, NO ONE will ever have the surgeries paid for again. PI case or just bad health. Thats the goal of the insurance company. I do believe lawyers have the responsiblity to let you know when you “hire” them to let you know if there professional behavior will effect your health care. STAIGHT UP, !!!!!
February 27th, 2008 at 4:27 am
I really wish everybody would stop saying that the attorney’s clients are “victims.” That is a joke. The clients faired far better than they could have ever imagined. Which brings me to the real point… if the clients are not the victims, who really is poor innocent victim that in the whole situation? Answer: Nobody is a victim. If an insurance company pretends to be victimized by trumped up medical treatment, it would have about as much credibility as Paris Hilton at a virginity pledge. The truth is that insurance companies have brought this upon themselves by their beyond dirty tactics… including their own hired gun experts, private investigators who lie, falsify evidence, and invade the privacy of the innocent. I personally worked in house for a top fortune 500 insurance company for several years and I was literally disgusted by what I saw from claims adjusters and their supervisors. I can pretty much assure everybody interested that every case of alleged “medical fixing” resulted from an insurance company not giving the plaintiff a fair settlement offer from the very beginning.
February 27th, 2008 at 8:03 am
Is anybody covering this trial? No news for days and days???
February 27th, 2008 at 4:32 pm
I think this whole trial is a BIG WASTE of our tax dollars! We need to go after the REAL CROOKS and leave this honest and genuine person (Noel Gage) alone? How about going after the INSURANCE COMPANIES — who, time and time again … rip us off by denying claims that should be covered? The insurance companies are most eager to take our money for premiums … but are far more tight-fisted with paying legitimate claims. Maybe if more insurance companies played fair with its insureds (customers) … we wouldn’t NEED so many lawyers to protect people’s interests and to fight for what is rightfully theirs under their insurance policy(ies)!!!
February 27th, 2008 at 4:34 pm
To Comment #11:
It always amazes me how people like you enjoy calling lawyers and doctors “scumbags,” until the time comes when you NEED them —- then they are your best friend.
I think you need to grow a brain.
March 1st, 2008 at 11:54 am
This is a complicated case and it is unfortunate that people are literally stoning the accused before the facts are known or adjudicated.
I live in another state and I personally know one of the docs that is being pummeled and if I needed a major spinal surgery, he would be on my very short list of surgeons that I would trust to operate on my back.
March 4th, 2008 at 10:47 pm
Yes, the media coverage of this case has been “hit or miss.” And this is a big “miss.”
Take the Government’s allegation that “huge sums of money” were taken “out of the settlements awarded to severely injured clients” and funneled into the pockets of Gage, among others. You miss the evidence at trial that shows that Gage’s clients received every nickel they were entitled to receive, and that Gage received no more than he was entitled to receive under his standard fee agreements. And if Gage paid any money to anyone, it was out of his negotiated share — not the client’s share — of the settlements, which he was entitled to do.
Second, you talk about the “scheme” as if it is proven fact, but you miss the Government’s failure to show that there was any “scheme” at all or, if there was, that Gage knowingly participated. There is only testimony of the truth-challenged doctors that they thought Gage was involved. And there isn’t any coherent evidence as to what Gage got out of this supposed scheme, other than his standard fees. The notion that he somehow sold Melodie Simon down the river in order to get another case is ridiculous on its face; there is no evidence that Thalgott or Kabins had any power to move the case in question in Gage’s direction, so why would Gage cut the doctors a break? In fact, why would Gage have to choose between the two cases at all? Why wouldn’t he maximize his fees by suing all culpable doctors in both cases? How did you miss the fact that this is exactly what he did?
Third, look more carefully at the Melodie Simon case. Yes, the Government alleges that she was deprived of millions of dollars. But the Government’s theory is that Gage short changed her (and gave up the additional fees he could have earned in the Simon case) in order to get another case, which makes no sense, as noted above. More importantly, the Government’s own expert witness testified under oath that if Gage had sued Thalgott and Kabins, he would have recovered nothing. Repeat: Nothing. How did you miss that? That testimony vindicates Gage’s strategy to sue the one guy who was proven to have stuck multiple needles in Melodie Simon’s spine and then tried to cover up his incompetence. Melodie Simon was lucky that Gage figured this out.
And finally, how did you miss the implications of the Government’s attempt to show “how medical malpractice cases should be handled by lawyers and doctors”? The Government’s idea seems to be that Gage should have sued everyone in sight — basically, throw everything against the wall and see what sticks. What a recipe for malpractice reform that is. Sue everyone or we’ll accuse you of a crime. It’s ridiculous, and it’s dangerous, at least if you care about keeping good doctors in Nevada.
Yes, the media has not acquitted itself very well here. You can do a lot better.
March 5th, 2008 at 2:42 pm
I HAVE HAD SURGERY BY KABINS,VISIT HIS WAITING ROOM AND SEE IF HE IS BACK FRIENDLY ? THEN LISTEN UP TO ALL THE NEGATIVE TALK ABOUT HOW LONG THE WAIT IS ? My back surgery was not succesful. Emergency recently put me bed ridden in hospital waiting for a surgeon that would fix my back right.after certain tests,and 2 weeks in hospital surgery for fusion of s-1,l-5,l-4,was reality.Because it was work related,Blue shield and NEVADA ALTERNATIVE SOLUTIONS, 3RD PARTY INS.CO. BOTH DENIED PAYMENT OF MEDICAL BILLS. The doctor that did the fusion was fantastic, but NEVADA ALTERNATIVE SOLUTIONS SAID I HAD TO SEE KABINS ? Because of this my perscriptions, therapy that i was told to do have not been okd by adjustor,aka-nevada alternative solutions,i have hearing 9:30 am,3-10-08,5th one,my 50 year old body has become disabled,for more than just this reason. my real problem is that i have wittnessed lies by both parties above. I WILL be following up with my doctor that did the fusion even if i have to continue out of pocket expenses, At my age i just want the truth !These insurance companies and some doctors think they will be my GOD.
March 5th, 2008 at 6:28 pm
In May 2003 I had an accident that broke my lumbar spine with a level three fracture (level 4 is paralysis). I went to 6 doctors, it took 7 months, and not one would touch my spine.
The 6th one said he could refer me to the only doctor who could fix such a messed up spine, but he would give me the referral only if I would ask to allow him into the surgery to see how this doctor would fix such a break. This referral was to Doctor John Thalgott. I said ‘if he can fix it, and the two of you agree it’s ok for you to sit in on the surgery than that is fine with me.’
If you were in my position, what would you do? I was totally disheartened by the spinal doctors in Las Vegas for not wanting to touch me, due to the severity of my break!! It makes me sick to see people who do not know Dr. Thalgott and have the audacity to calling him a scum bag. That man will take on back cases that nobody else will touch because he is a brilliant doctor. He is not a butcher. He spent over 6 weeks trying to figure out how to go about fixing my back. He had the best vascular surgeon with him that day he fixed my back. He did his research. He helped me become strong again after the surgery.
If your back breaks, and you need a surgery, I hope for your sake that Dr. Thalgott is in practice to fix your back. He fixed my back, and if he wouldn’t have taken the case I am sure I would be paralyzed now. Nobody would touch my spine, NOBODY…. until Dr. Thalgott. Even he agreed that my spine was one of the worst non-paralyzed spines he had seen. He is an excellent doctor. I now can walk, I am 2 inches taller, and I don’t have to worry about searching for someone with enough skill to work on my back.
You may call him a scum bag, I call him a God given gift from heaven. He is one of the most talented spinal surgeons in the world. Look at his CV here: http://www.spineuniverse.com/mdpage.php?doctorID=603 before you call him a scum bag.
There is a difference between surgeons and malpractice lawyers, one is trying to help humanity, the other is trying to line their, or others pockets. I knew that I might come out of that surgery paralyzed before I went in, and I knew if I didn’t have the surgery I may become paralyzed at any time. People who have spinal injuries know this. The difference is some people have to hire lawyers to sue doctors because they don’t get the outcome they wanted. That is the chance of going under the knife. Maybe if malpractice was banned, lawyers could worry about law. This would allow doctors to do their jobs without undue stress of the threat of suit. Maybe then surgeons could do their job, and not get caught up in the manipulation of lawyers threats, and scams.
I would like to see you try to perform any type of surgery. The world needs talent like Doctor Thalgott, and less lawyers.
March 6th, 2008 at 3:57 pm
I have worked with almost every doctor and attorney named in this indictment along with Howard Awand. I know that Mr. Awand, the attorneys and the doctors in this case are have destroyed the lives of innocent people. The bottom line is that there are good and bad in every profession and they have shown what I knew was true but could never have proven. I look at it this way….What goes around comes around. Justice will prevail.
March 8th, 2008 at 7:00 pm
When I moved to Las Vegas in 1995 I had already had 6 back surgeries (3 Laminectomies and 3 fusions………the last fusion was with insturmentation (rods and screws))
I went and saw Dr. Kabins with all of my MRI and CAT scans and X-Rays from Chicago and Dr. Kabins told me that I needed to get the “metal out of my back” and that all he ever did was failed back surgeries.
I left his office and never went back even though I did end up getting the “metal” removed and my 7th back surgery (fusion) in 2000.
Guess who did the surgery……..Dr. Patrick McNulty who was mentioned this week in the Las Vegas Review Joural in regards to all this stuff going on with attorney Gage and Drs. Kabins and Thalgott.
Vegas is a small town and all of the Drs. who are supposed to be the best here have been mentioned in articles pertaining to Gage………like Thomas Dunn, Patrick McNulty, Dr. Kabins, Dr. Thalgott and others.
I have heard these names mentioned over the last almost 13 years that I have lived in Vegas. Now what are we gonna do when we need A “good Doctor to do spinal surgery in Las Vegas????
This is scary.
What if anything did Drs. McNulty and Dunn have to do with this ongoing stuff against Mr. Gage???
March 14th, 2008 at 8:12 pm
What is the matter with these juror’s – how much evidence do they need? Gage is guilty – do you really think these doctors would ruin their reputations if they weren’t part and parcel to this conspiracy? Don’t let technicalities like failing to prove the bank account used was FDIC insured or failing to present evidence that a lawyer should negotiate medical liens fool you into thinking he is not guilty. Notice how the defense is the government didn’t prove it as opposed to I didn’t do it?
March 14th, 2008 at 8:17 pm
I find it ironic that Gage benefits from the rulings on an unbiased judge. How many defendants in Las Vegas have been afforded the same luxury?
March 14th, 2008 at 8:26 pm
What is wrong with these juror’s? Do you really believe these doctors would ruin their reputations if they weren’t part and parcel to this conspiracy? Gage is Guilty. Don’t let jury tampering in the form of television commercials or prosecutorial mistakes fool you. The “other” charges were dismissed because the government didn’t prove the bank account used was FDIC insured. They also didn’t present evidence that lawyers are supposed to negotiate medical liens. Notice how the defense is the government didn’t prove their case as opposed to I didn’t do it? premiums.
March 14th, 2008 at 10:31 pm
Please consider the irony. Noel Gage is charged with a crime because their were 3 potential defendants (Kabins, Tholgott, and Burkhead) and Gage “conspired” with 2 of them to prove his case against the third. In fact, the strategy proved successful as he won a 2.3 million dollar settlement for his client. In gage’s case, there were similarly multiple potential defendants including Gage, Thalgott, and Venger. What did the government do? It pardoned Thalgott and Venger to prove its case against its target… Noel Gage. Shouldn’t the prosecuters be charged with the same crime as Noel Gage? After all, they committed the exact same actions.
March 15th, 2008 at 7:39 am
Eileen, what you fail to realized is that that is exactly how the system is supposed to work. It is the government’s burden/job to show that Gage did it, not visa versa. I love how so many people are upset at the jury for not just saying Gage is guilty already. What you some how fail to realize is that they, unlike you, have heard all the evidence. Please just let the system work how it is supposed to work. If he is guilty, then lock him up. However, he is still presumed innocent until the jury says otherwise. If Gage is convicted, everybody will be praising this system and saying how “justice was done.” But if he is acquitted, then this will just be another “good ‘ol boys” issue. People can’t have it both ways.
March 15th, 2008 at 1:04 pm
I feel concerned for Concerned Doc(March1)if he would let these doc’s operate on him. I have been a physician in town for 15 years , and have had the unfortunate experience working with all those involved. Venger has to be one of the obnoxious, greedy untrustworthy physician’s in the valley. How he could slither through the ICU at Desert Springs and turn on other physicians is beyond reproach. I hope he has a good time in jail. Kabbins and Thalgot are no better operating on almost everybody, putting metal rods where they didn’t need to be, and increasing the cost of health-care for all. I am shocked your friend didn’t operate on you. Perhaps you don’t have good insurance.
March 15th, 2008 at 7:35 pm
You don’t win settlements. It is a compromise between parties. Yes he settled a lawsuit for a lot of money but he cheated his client out of many millions more in order to protect his co-conspirators. These guys have been working together for years on hindreds of matters.
It is a long established dynamic in criminal matters for lesser known conspiritors to be pardoned in exchange for cooperating with the state. However, there are certain conditions precedent to such deal; you’re guilty, you come clean, and you are generally a minor player in the greater sceme. Kabins wasn’t offered a deal because he’s more involved and is subject to future proesecution. Don’t think that Kabins and Gage won’t be testifying aginst Awnad if there is a conviction here.
You are right in that I don’t have a lot of faith in juries. I am not an attorney but have heard enough verdicts to know that evidence is immaterial to them, just ask O.J.
March 16th, 2008 at 12:21 am
Dear readers, wait to hear from all of the poor victims who have been viciously violated by these attorneys and they think that they are bigger than God. I praise the FBI for all of their hard work in this case in helping us victims!!!!
March 16th, 2008 at 12:30 am
You readers need to hear from all of us victims by these vicious attorneys and how they have victimized us. At least with a rattlesnake you can see it coming at you. Thank God for the FBI helping us or this would still be going on!
March 16th, 2008 at 3:56 pm
What makes you think you can trust the FBI? The government has its own agenda and it’s not to protect our rights. What about insurance companies that don’t want to pay? The real conspiracy here is the one between the government, Bush administration, and the insurance companies. Think about their greed. What about all the victims of hurricane Katrina. Where was the government and the insurance companies then? It’s the same when you are injured or sick. Nobody cares and nobody wants to pay and the government does nothing about it.
March 16th, 2008 at 8:15 pm
FBI and Prosecutors: Spend more time in investigating the operative report records of Dr. Derek Duke. Look for his off label usage of devices and biologics. Look at surgical actions which are stated to have been performed and then look for post imaging surgical evidence to support what was actually done. Look for abnormally short operative times for procedures which should have taken 2 times as long by notable surgeons more senior than he. Ask questions of his PA’s regarding how much operative work they performed in the presence of Dr. Duke. There are many patients unhappy with the outome of his work.
March 17th, 2008 at 12:17 pm
I have been a patient of Dr. Kabins for six years. I have had nine total surgeries performed by Dr. Kabins and Dr. Kabins alone. Every procedure which was completed on me was involving the spine. Each surgey was successful. Think about these facts. Dr. Kabins has been cutting right next to my spine each time. No surgeon has a track record like him. So all of you naysayers who jump on the bandwagon and immediately put Dr. Kabins in a bad light should be ashamed of yourselfs. Everybody in this country is allowed to have a fair trial by your Constitution. Remember, one day you to may need the services of a brilliant surgeon and Dr. Kabins is that surgeon. Let all of these accusations play out and then make your decision. If anybody is found guilty in this mess then so be it.
March 17th, 2008 at 3:58 pm
Mr. Gage was an opposing lawyer in a case I handled for the defendant several years ago. The man is the most dishonest and obnoxious person I’ve ever met. I hope the jury does its job and closely reviews the evidence in the federal corruption trial. This is a guy who demanded $6 million up to jury selection, then dumped the case for a more reasonable amount that was a mere fraction of the demand. His behaviour was always unreasonable and he never hesitated to lie to my face when it suited his purposes. Butter would not melt in his mouth. A real “piece of work,” this guy!
March 23rd, 2008 at 10:36 am
Thank you to commentor #23…I knew Howard Awand over 40 years ago, and he was just as slimey then as he is now…only on a smaller scale. I always knew he would end up doing something “big”…illegally, that is! I hope he gets what’s he deserves…and it’s been a long time coming…prison. Everything that comes out of his mouth is garbage. He’s never been in his right mind…trust me…you wouldn’t believe the stories I know about him. I guess it’s true, if you wait long enough, the scum of the earth will get their due. What a creep!
April 15th, 2008 at 8:04 pm
In comment to LV DOC 30. Has Dr. Thalgot been treating you? Is this how you formed this ugly opinion? I will have you hear my story. I started seeinng Dr. Thalgot over 3 1/2 years ago, after 1 year of treating me by pain management and exhausting all forms of treatment he performed a MAJOR surgery on me. Almost 2 years post surgery my life has changed, I went from barely walking to being able to walk. I lost my insurance after the surgery, unlike any other Dr. including you I am certain because I was uable to pay my bill I was NOT refused to be seen by him. 2 years later he still sees me. Dr. Thalgot is not only a BRILLIANT surgeon but the most caring Dr. I have met paths with and believe me there are plenty. Another thing where is your code or morality or ethics. Is it common in your practice to insult and downgrade fellow Doctors? Where is your respect?Who gave you that pedistal to sit above all. You are wrong about Thalgot and I know thousands who would and will ALWAYS stand by him and his practice, ne included. Have a great day and do think about showing some respect as I am sure you would appreciate the same.
April 21st, 2008 at 6:09 pm
I was a juror on the last trial. It was so clear to me as to what went on. I apologize to those victims that we could not get it “right”. I just pray that the next jury will, and Mr. Gage and the “Good Ole’ Boys” will not continue to be able to practice!
For those of you who were unsure, I hope you are now.
April 22nd, 2008 at 4:03 pm
As one who has known the Gages for 10 years, I can tell you that Mr. Gage is one of the most ethical, honest men you will ever meet in your life. The fact that he is on trial for doing a good job for Ms. Simon is, frankly, mind-boggling. It’s a shame that the George Knapps of the world (with the help of the Government) is using the media to twist who Mr. Gage really is. Just so you know: He was a man of integrity before this trial and he will be a man of integrity after, no matter what the outcome.
It’s too bad that those of you who are posting here and judging him haven’t had the honor to meet him. And just a question…since when is being a good attorney a crime!?????
April 23rd, 2008 at 8:05 am
Oh come on #41, I seriously doubt that the words “ethical” or “honest” would pop in the mind of anyone who had to deal with Mr. Gage on a professional level, unless they (perhaps like you) are unsophisticated enough not to recognize a sociopath when they meet one.
PS – Are you the type who also teaches his children that winning by cheating or manipulation makes them “good” at something?
April 24th, 2008 at 10:44 am
No, #42, unlike you, I have the ability to see people for who they are based on their how they treat people and what they’ve done in with their life’s work. In his practice, as well as his personal life, Mr. Gage has helped people of all walks of life, and in particular, people who otherwise wouldn’t have the economic wherewithall to defend themselves. You don’t have a successful 40-plus year practice with repeat clients if you are a crook. You need to get your facts straight, justsoyouknow, and stop basing your opinion of someone who you obviously don’t know on what you’ve read. And as far as being “unsophisticated”, I can assure you, I’m sophisticated enough to know that the last thing you should do is convict somebody based on what’s printed in the media, especially one that’s government driven. I guess you believe in the tooth fairy too? Better yet, Santa Claus?? Get a life.
April 24th, 2008 at 11:45 am
Dear One Who Knows (or is this Mr. Gage?): Whatever gave you the idea that I based my comments on what I’ve read in the media or that I don’t know Mr. Gage? Unfortunately for me, I’ve made Mr. Gage’s acquaintence a number of times – none of which were at all pleasant (and I assure you that his belittling demeanor was exactly because he thought I was one of the “little people”). Thanks for the offer to get a life, though. Perhaps if Mr. Gage learns that “what goes round, comes round” after this next trial, I’ll be able to do so with a more positive view of mankind.
PS – How “successful” is a lawyer’s practice when a jury unanimously finds that he committed fraud, causing him to relocate and rebuild his practice at an age when most “successful” lawyers would be looking toward retirement?
April 24th, 2008 at 5:00 pm
I was referred to Dr. Kabins for back surgery. My husband took me to the appointment. After a 4 hour wait (was seen at 9pm) he entered the room and all I can say is; he is an ignorant flert who gave me the creeps. Needless to say; I have not found a surgeon I trust and after reading the posts I would rather elect to not have surgery.
April 24th, 2008 at 11:04 pm
“Justwhatdoyouknow”, seriously, if you had a brain you’d be dangerous! I can assure you this is not Mr. Gage submitting these comments because he wouldn’t dignify your diatribe with a response. It’s no wonder your alleged “meetings” with him were unpleasant. You don’t sound like someone who’d be much fun to be around. It’s not much of a picnic listening to you spew your fallacies here. You are so off the mark but I believe the truth will prevail in the next trial. You do realize that the jury was unable to reach a verdict because the government failed to prove its case? Luckily for Mr. Gage, there is a Judge sitting in this matter that not going to stand for any shoddy business, thus being the reason that he was acquitted on the majority of the government’s alleged charges (all without Mr. Gage putting on a defense!)
But in the end…all you naysayers will see… I just hope you will still be blogging so I can say, emphatically, “I TOLD YOU SO!”
April 28th, 2008 at 11:36 am
I, and countless others agree with “onewhoknows!!!” Very well put !! Noel Gage is an aggressive and highly competetent attorney, and one of the few who TRULY CARES about his clients.
I find it very scary that our American tradition of “Innocent until proven guilty” seems to have disappeared with the SLANTED and BIASED way that certain people in the media report stories replete with MISINFORMATION. This fuels the public’s view that a defendant is guilty …. way before his trial even begins !!! So, for those of you who have been lucky enough to have NEVER BEEN A DEFENDANT …. think about this —-
Have you ever, in your life, been accused of something you DIDN’T DO? How did it feel? Imagine trying desperately to prove your innocence, when there’s people talking behind your back, telling false (or inflated stories) and convicting you without hearing ALL THE FACTS.
I thought this type of behavior ended with the witch trials in Salem, MA when they used to burn people alive because the community were convinced they were witches. Luckily for Mr. Gage, they no longer burn people at the stake because of simple ignorance. This witch hunt needs to stop already.
I think certain people in the media need to take refresher courses in VERIFYING the information they receive before reporting it to the public.
April 28th, 2008 at 5:04 pm
Amen, Raeann!
April 29th, 2008 at 8:16 pm
cant get approval to do anything with nevada alternative solutions , thus open claim means nothing after fusion, some one else will see the persistence of the truth ,fricken lobbyists,you might face a quacken bush next with no immunitty…this company nevada alternative solutions should be pulled from there 3rd party ways…who will take care of kabins patients ? is any one is looking for back surgeon look up Dr. Aury Nagy he has everything in his tool box ,Quite a individual , knowledge , courteous , back ,neck and brain friendilly,gentle,on time
April 30th, 2008 at 5:55 pm
Immunity , Please pertain to the appeal referenced,as the same centers exclusively on everyone’s interest. Parties will work, to bring this case to an appropriate resolution. All the same,Parties should restrict their roles within their appropriate parameters.Issues currently on appeal. ( WHAT ).Again we the people appreciate the interest in the case against Multiple failures retainers ? from the immunity claimant.la de da earliest convenience.Good Luck Kabins, ( Is This your 1st hearing/appeal lucky )
May 6th, 2008 at 7:06 pm
I just want to say that we are one of the victims that didnt get any justice. Our lawyers was Bob Vannah and his doctors was Mr. Kabins. I can really say that Mr. Kabins did do my husbands surgery and it successfully help. Unfortunately his lawyers didnt we got so screwed I still can’t comprehend what happened to my husbands case. He was in a roll over on the 95 and the guy that hit him got a ticket and still we got notthing my husband almost got killed and of course the layers didnt see it that way. Mr. Awand was such a big shot and we meet with him for two days at his hotel room and getting my husband and i his wife asking us questions and telling us what to say for the trial. I can’t beleive one night we stayed there almost 12 hours and the next time the same. In fact the first time my husband went there he knok on the hotel room and guest who walked out Mr. Prince and my husband ask Mr. Awand what is he doing here isn’t he the prosecutor. Mr. Awand answer was aaaa- he could’nt answer my husband and after my husband told me who was there I told my husband that was a conflict of intrest. We should have suspect something from there. To make a story short I just want justice for all these lawyers and doctors and prosecutors and even judges to get some justice these people and just playing with our minds and in my husbands case his back. Until today his surgery happend in 2003 he is still suffering and we can’t do notthing. If anyone knows who can help opening his case again please email me d.yorong@yahoo.com
please Miss. Frustration
May 7th, 2008 at 8:31 pm
#42 please think twice. He is most likely to be the cause of several debilitating surgeries!!! The Medical Mafia needs to go and pay for what they have done; and maybe so does the Judge that keeps supressing this case!
May 7th, 2008 at 8:37 pm
I’m sorry, I’m sorry I was responding to #45. Sorry……..( He ) is Mark Kabins. Big Bear is beautiful this time of the year.
May 14th, 2008 at 8:22 pm
Someone tell me how you get a medical degree in 4 years?????????????? OH, PLEASE!!!!!!!!!!! Would you want “that so called Doctor treating you or is it Howard Awand calling the shots”?
June 13th, 2008 at 12:08 am
My husband recently found out after 5 years of fighting a work comp case due to getting ran down by a forklift at US FOODS and after needed a spinal fusion as a result of the accident. It went sadly all the way to NV supreme court and they denied him because of Dr. Kabins who lied to the insurance telling them t was not industrial to get paid for the operation and then later testified in court saying it was industrial that the reason he needed the spinal fusion was because of the forklift accident. It does not seem fair for my husband to get denied because of a doctor that lies.Has anyone been through this same situation?????
June 13th, 2008 at 12:32 am
Is there a lawyer out there that would be willing to help me, because of Dr. Kabins lying to insurance and then in court. I got ran down by a forklift at work. I had my spinal fusion. My shoulder was also torn and I am now having trouble with my hip. Dr. Kabins told my private insurance that it was non industrial to get paid for the operation immediately, then turned around and testified at my hearing that it was industrial. In fact he testified that if it hadent beed for the forklift I never would have needed the spinal fusion. My life has been turned upside down, and I will never be the same for the rest of my life phsically and mentally. I am permanent disabled. I use to make a good living and now I am living on a tight budget. My case went as far as the supreme court. Because of Dr. Kabins contradicting himself I lost my case after 5 years of fighting. I dont feel I should be punished for what Dr. Kabins has done. The fact is I still got ran down by a forklift at work and after needed a spinal fusion. I wish there was a lawyer out there that believes in my case and believes in justice for the injured. Thank you for listening everyone outhere.
June 17th, 2008 at 10:11 am
TOLD YOU SO!!!! – LET’S SEE IF THE MEDIA REPORTS THAT MR. GAGE’S CASE HAS BEEN DISMISSED WITH PREJUDICE!!!
June 17th, 2008 at 3:51 pm
Can’t wait to see the EXTENSIVE coverage of Noel’s case being dismissed! I believe he was right when at his arraigment over a year ago now he suggested that the coverage would not be equal when he was acquitted as during his “conviction” in the media.
Hey George Knapps of the world, is now the time to play (report)fair? Didn’t think so, chicken!
June 17th, 2008 at 5:44 pm
I have read the Judge’s decision and it is an excellent and appropriate piece of legal work that supports the proper and just decision in this case. It was appropriate for the Judge to dismiss the case agaist Noel Gage. I know all the key players personally. Thalgott and Venger are arrogant, self-centered, jealous and mediocre surgeons who both had agendas to destroy Dr. Mark Kabins. They are admitted liars, and from what I know about the cases involved, they lied on the stand in Federal court to protect themselves from jail and to hurt a competitor. These two men(Thalgott and Venger) treated patients as money making tools. I know for a fact that Dr. Kabins does not think of his patients in this manner and his success was a sticking point for both Thalgott and Venger. Venger’s professional dislike was there from the beginning and Thalgott’s grew out of the split of Dr. Kabins away from Thalgott. Thalgott’s Mantra is “Don’t get Mad… Get Even” I think it is sad that the federal prosecutors did not check their facts, and, as Judge Quackenbush so eloquently surmised, they( the prosecutors) were more interested in winning than in Justice. At this point I think the Federal prosecutors need to re-evaluate their implied case against Dr. Kabins and put justice ahead of their ambitions and the need to win. If they have something solid against Dr. Kabins, they should “Bring it on” and stop slandering a good and decent Doctor who cannot defend himself. He deserves to get out of this Limbo and move on to concentrate on his practice, free of the Federal boot at his neck, or untie his hands so he can fight back in court and put this issue to rest. The insurance lobby that started this fiasco are the real criminals here and it is unlikely they will ever be put under the same scrutiny. They rob all of us every day; the Doctors, with inflated malpractice rates and decreasing re-imbursments, and the patients, with astronomical health insurance rates with ever dwindling benefits. In the middle is the insurance company’s profits that never go down and are ever rising as the health of this Nation fails.
June 18th, 2008 at 12:43 pm
Well put Charles! With all of the articles dramatically written by George Knapp about the so-called “Medical Mafia” it’s no surprise that not much attention was paid to the fact that Judge Quackenbush dismissed the charges against Noel Gage because he saw that the government was trying to prevent Gage from getting a fair trial. Kudos to the Judge for not being pushed around thereby allowing fairness and justice to prevail. After all, isn’t that on what our Constitution is based?
It amazes me that Mr. Knapp’s reports are called “investigative” when, at least in this regard, it was a case of “guilty until proven innocent”. As I said before, you won’t find a more decent, hard-working, honest attorney than Noel Gage and now maybe you naysayers will see this case for what it was — insurance company driven to deprive the truly injured from adequate compensation!
June 21st, 2008 at 7:16 pm
#59 and #60, well done, Bravo!!!! You and you legal team got away with it this time. Don’t think you’re out of the woods. If anything “Mr Gage and Associates,” I hope you will be more ethical in your future practices.
As far as George Knapp…please do not under estimate his expert invesitgation skills.
Mr Gage and legal team, thank you for your comments!
June 26th, 2008 at 4:27 am
Let’s be clear: Part of the scam your ATTORNEY getting you to sign a MEDICAL LIEN. This is were your doctor agrees to be paid after you case is settled and charges you an inflated rate. They do this to people WITHOUT HEALTH INSURANCE and in cases where there is a large amount of insurance money, like an auto insurance co. or Hospital. Once you sign the MEDICAL LIEN you give have given them licsence to build and spin your case anyway the need to get that insurance money. The more insurance money there is the more aggressive and greedy they become. This means: they can permanetly injure, leave you or even kill you depending on how much insurance money their is. Some should look them for UNSAFE MEDICAL PRACTICES
June 26th, 2008 at 4:59 am
Someone should look into their UNSAFE MEDICAL PRACTICES for using contaminated anesthesia vials and needles. Thereby, causing Hepitatis B and C, additional HIV, AIDS, etc.
Why? The answer is; If they are greedy enough spin an insurance claim where their clients end up permanently injured, brain dead, paralyzed, die sooner or end up dead. Then why spend extra money to give you new vial of anestesia during an unecessary surgical procedure, or surgery.
Remember not to sign a MEDICAL LIEN! A medical lien is where your doctor agrees to be paid after your claim or lawsuit is settled. Those without HEALTH INSURANCE appear to be PRIME TARGETS along with cases or claims involving LARGE INSURANCE POLICIES!
June 26th, 2008 at 5:14 am
#56 Did Kabins refer you to someone for a surgical procedure/test to determine how damaged your disks were? And do you feel that something bad happended during the produre. It happened to me.
The needs to be a class actions suit against Kabins and the rest of them in on Medical/Insurance scam. Please call the FBI and US Attorneys office and tell them about you case and tell them there are many others. GOD HELP US TO SHINE THE LIGHT AND COME TOGETHER AGINST THOSE WHO HAVE DEVALUED OUR HUMAN LIVES.
June 28th, 2008 at 2:16 am
So are all of Dr. Thalgott’s patients to assume that we did not need spinal surgery we had it so they could make money? We took of work and some of us had our empoyer be upset about that, take of for surgery you sure, that is another story, but for our insurance to pay and us to pay the out off pocket due which was alot when I really didn’t need the surgery tell me it isn’t so please. I had spinal surgery done and did not need it, I just couldn’t stand to havemore stress in my life because of lies.
June 28th, 2008 at 9:24 pm
I had the misfortune of being abused by Howard Awand in different circumstances.
He and his big haired vicious wife met me on the plane to Stowe, Vermont – where I was moving at the time and didn’t know a soul yet. I had hoped to set up a nice place for myself and daughter. Little did I know what was in store for me at their crazy hands!
He phoned one day and asked if I could type. ‘Can I!” I said, and on the spot he hired me to take dictation and help him with emails. He and his wife were both there during the offer, and they assured me I was doing them a great big favor because she was going to be so busy setting up their new house and had done that work for him up til then.
Well, within less than two months, after I’d been yelled at, locked in a dark room with five dogs all day every day, instructed to do nothing, forbidden use of the internet or phones for personal calls, they came home from a trip and accused me of all kinds of insane (untrue) things and fired me on the spot.
I’d done nothing wrong, and had just rented a house I could not at all afford without the salary they’d promised me. I spent the following year heating our home by cranking the oven and leaving it open (because we didn’t have to pay for propane) while feeding my daughter Ramen as I worked two jobs just to pay the rent.
In the beginning they claimed they were going to look after us and talked of college funds for my daughter as they tramped all over our new town bragging about all the benevolent things they’d done for so many people.
Yeah right. He fired me because his wife got jealous and no other reason. That soul-less, insensitive, unprovoked act took years to recover from financially and emotionally. It traumatized my daughter and I and cost me a year of hard labor, and both of us a frigid cold, hungry winter.
But after reading all of this, all I can say is I got off easy! At least I’m not paralyzed.
That man is the devil, and his wife is a hound from hell. I hope they do go to jail. I can’t think of anyone since OJ and the Bushies that deserve it more than them.
Here’s hoping the justice system works this time!
Go karma!
KHT
p.s. if it sounds too good to be true, it probably is!
August 5th, 2008 at 12:31 pm
BTK was a leader in his local congregation. He used the church’s computer which eventually exposed him. He worked in security, too, where he got leads to his victims. His wife and daughter didn’t recognize the devils living in him.
Judicial immunity, based on a fundamental misunderstanding of human nature, destroyed our Third Branch. Americans, by and large, do not trust our judicial system, (or they just haven’t experienced it for themselves.)
The very test of judicial efficacy, according to them, is deep and abiding faith in the integrity of our system of Justice on the part of the public.
August 5th, 2008 at 5:46 pm
I personally know someone affected by Dr. Venger. He installed an unapproved device in my best friend in 2003, when he did not do the prescribed surgery. In 2007, he had to re-operated and fractured the device (actually there are 2 of them and he fractured both) and left them in her. She did not find out what he had done until June 2008 when she saw her medical records. He also falsified her medical records, even going so far as to say she was in a car accident (never happened) to give a reason for her continuing and progressively worsening medical problems.
She is unable to find an attorney to represent her and the statute of limitations is quickly running out.
Elizabeth Metz
August 28th, 2008 at 12:12 pm
I’m a witness for the prosecution, can’t I.D. myself and can’t be specific, of course. I’ll call this all my opinion, which the law entitles me to. Let me just say that there is MUCH evidence of the many many of schemes, payoffs and celebrations re: the payoffs, and there are cooperating eye witnesses to so many illegal activities, as well as to witness tampering and coaching. It will all come out sooner or later, but you who think ANY of the named doctors and lawyers are ‘innocent’ are in for a really rude awakening. Awand is a pathological liar, a user and a fraud to such a huge extent that none of you can imagine,as is Vannah, his BIGGEST partner in crime. Do NOT waste time and energy defending any of them. You just have NO idea how heinous this all really is. Wait until you hear what’s to be made public when the various trials continue. There isn’t ONE of the people suspected who wasn’t involved to my knowledge. Let’s HOPE that the remaining trials can proceed fairly. There were several JUDGES involved in this whole ring as well.
For the sake of all who can’t afford medical insurance due to precisely these kinds of abuses theft, greed and fraud,let’s HOPE there is eventual justice.
See ya in court.
September 3rd, 2008 at 5:14 pm
Vengar Operated on me he inplanet a neurostimulator i don’t think he ever did put it in the correct place to this day it just sits in my back doing nothing.
He testified in my industrial case and I lost Thanks rite?????????
October 29th, 2008 at 2:16 pm
I had a back surgery in May 2007 and knew immediately all was not right. After a post-op MRI my surgeon said everything was okay. I went to Dr. Kabins for a 2nd opinion, which was – the other surgeon may have done the best job he could but he didn’t do the right job. After haggeling with my insurance (AZ Medicaid) Dr. Kabins was approved to do my surgery in LV. July 2008 my surgery was performed and for the 1st time in 3 years I am not suffering from excrutiating leg pain.
I live in a rural AZ city with one back surgeon who will not take my insurance and another who visited (Venger) who didn’t take my plan (plus my wife, who works in the medical field, refused to let Venger touch me. Without Dr. Kabins I don’t know what I would have done, I was at the end of my rope due to the pain. Dr. Kabins ROCKS!
March 10th, 2009 at 5:09 pm
Does anyone who is reading this know the status of this situation? I am an insurance adjuster who fought Howard, Mr Vannah and others who many thought were the pillars of the medical/ legal community. Believe me…this is one sleezy bunch!!!!It is now 2009, is this trial over for good?
March 11th, 2009 at 12:12 pm
Hi, my husband was operated by Mark Kabbins in 2000, at the time I really felt that my husband did not need such drastic surgery. After the surgery my husband just progressively went down hill. Once our suit closed from the accident it appeared Dr. Kabbins wanted nothing to do with my husband because there was no money left. I knew deep in my heart that Dr. Kabbins had used him for the money but never could prove it. Since the surgery in 2000 my husband has suffered depression, failed suicide attempts. He has no quality of life. We are now separated because I could not keep my 2 minor children around my husband because of the depression. I believe that Dr. ruined our lives and I hope he gets what he deserves. I am sure there are many many people out there that have not come forward and I hope they do. I would never wish this on my worst enemy.
August 31st, 2009 at 4:41 pm
What the Government is doing to Noel Gage is a gross miscarriage of justice and taxpayer dollars. It is hard to believe that there are so many crooks out there who consistently victimize people, and get away with it.
Mr. Gage’s only “crime” is being an aggressive and successful attorney who goes all out for his clients. I guess if you step on too many of the wrong toes … it will get you in trouble!
October 3rd, 2009 at 12:43 am
After I had an on the job injury, iwas was sent to PT for a couple of months and was put on light, I soon returned to full duty, 7 months later I had a reinjury
after seeing 5 doctors who all said that it was the same injury, I was sent by the insurance company that represented the City of Henderson at the time to see Dr. Kabbins (doctor, I use that term loosely)for an evaluation, Dr. Kabbins could not get to the phone fast enough to call the insurance company to see who was paying for the Eval., well Dr. Kabbins who was Doctor # 6, said he did not see anything wrong with me, But on of the first Doctors said that I would not be returning to my job to to my injury, so I would up loseing my job, thanks to Dr. Kabbins… AMAZINGLY the next Dr. that I saw (Dr.#7) was the Social Security Dr., Who said that I DID have a genuine injury (disabilty) and a few months later was put on Social Security Disabilty, so I feel the Dr. Kabbins evaluation & the Insurance Company caused me to lose my job, file bankrupcy,and sell almost everything that was worth anything. I wish I could have gone to court to give my 2 cents worth about Dr. Kabbins & the Insurance Company, Here you have 1 Doctor whos evaluation trumped the first 5 Doctors, I could go on and get more in depth, but you get the jest of things. this is my opinon of why I lost my employment with the City of Henderson, I had worked there for over 5 years and never a black mark on my record and many letters of praise, and this was my reward.