A federal judge has dealt a setback to the prosecution in the upcoming retrial of Las Vegas personal attorney lawyer Noel Gage.
U.S. District Judge Justin Quackenbush ruled that the U.S. attorney’s office must grant immunity to Dr. Mark Kabins by the end of the week, or he’ll dismiss the fraud case against Gage.
Kabins is one of the surgeons who operated on a woman who was paralyzed during routine back surgery in 2000.
The operation is key to the government allegations that Gage made a deal not to sue Kabins, and went after the anesthesiologist instead.
Kabins’ lawyer, David Chesnoff, says Kabins was entitled to the same immunity that doctors Benjamin Venger and John Thalgott got for testifying in a trial that ended in mistrial last month.
The federal government claims Gage conspired with self-described medical consultant Howard Awand to inflate medical costs, protect doctors from malpractice lawsuits and share kickbacks from legal settlements.
Quackenbush declared a mistrial last month after a jury that heard the case failed to reach a verdict. Gage’s new trial is scheduled to start May 27.
Source: Las Vegas Review-Journal.
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