In his plea agreement, Dr. Kabins acknowledged that he used a medical consultant named Howard Awand to corruptly influence Plaintiff’s Attorney Noel Gage not to sue him for a botched spine surgery of a former Olympian athlete, Melodie Simon, who became paralyzed as a result.
In exchange for referrals from Mr. Awand, Mr. Gage decided not to sue Dr. Kabins or orthopedic surgeon John Thalgott, MD, who was lead surgeon in the operation, and instead sued the anesthesiologist, the Justice Department stated.
Dr. Thalgott earlier had been granted immunity in exchange for his testimony and is paying Ms. Simon $1.5 million in restitution.
In March, Dr. Kabins pleaded not guilty to all the charges and would have gone to trial facing up to 20 years in prison and a $250,000 fine on each count if he had been found guilty.
Under the plea agreement, Dr. Kabins is to be sentenced to five years of probation, six months of home detention and 250 hours of community service; he also pays $3.5 million in restitution to Ms. Simon and could also be fined up to $250,000.
The case is still being investigated by the FBI, IRS Criminal Investigation and the Nevada Attorney General’s Office.
Read the Justice Department’s statement on Dr. Mark Kabins.
To receive the orthopedic and spine news and feature stories from Becker’s Orthopedic & Spine Review, sign-up for the free Becker’s Orthopedic & Spine Review E-weekly by clicking here.
