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Updated: 6:45 PM Jun 12, 2009
Eye doctor Philip Gabriele faces criminal indictment
Did Dr. Philip Gabriele really perform cataract surgery on patients who did not have cataracts?
Posted: 11:59 AM Jun 12, 2009Reporter: Mark Peterson Email Address: mpeterson@wndu.com |
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A high profile eye doctor is looking at some serious criminal charges.
Did Dr. Philip Gabriele really perform cataract surgery on patients who did not have cataracts?
That's just one of the allegations against Dr. Gabriele and his wife Marcella included in a 19-page indictment on file in U.S. District Court in South Bend.
In the documents, federal prosecutors are fighting for the forfeiture of the Gabrieles' Granger home, along with office properties in South Bend, Mishawaka, and Elkhart.
In a written statement, Dr. Gabriele said he was "saddened and dismayed by the government's decision to proceed with an indictment."
The statement went on to quote Gabriele's attorney as saying that the case was "completely without merit."
The statement indicates that the Gabriele Eye Institute would continue to treat patients while the case is pending in court.
It was more than two years ago-in May of 2007-when law enforcement officers first served search warrants at Gabriele's Granger home and three business properties in Mishawaka, South Bend, and Elkhart.
Multiple boxes of records were seized on that day, and what they contained was apparently-rare--according to Indiana's Attorney General.
Greg Zoeller today issued a written statement that read, "Rarely do we encounter such a disturbing example of a trusted medical professional allegedly putting personal greed ahead of patients' health and safety."
The 19-page indictment against Gabriele states that the doctor falsely and fraudulently diagnosed cataracts in patients and performed unnecessary cataract surgeries.
Court documents allege that Gabriele removed healthy lenses and inserted artificial lenses into the eyes of some patients, and that patient records were altered after the fact in an effort to make it seem as if the cataract diagnoses were accurate and correct.
Because the alleged bogus work was followed by real bills, government prosecutors are seeking the forfeiture of the Gabriele's home and office properties.
In a written statement, Gabriele's attorney J.P. Hanlon called the case, "An attempt to criminalize medical judgments."
Hanlon went on to say, "The allegations merely demonstrate that government officials do not understand the practice of good medicine, the workings of a medical office, and particularly complex issues involving eyesight."
Dr. Gabriele's Mishawaka office was closed on Friday afternoon, but the statement indicates that the Gabriele Eye Institute will continue to provide health care while the case is pending in court.
The indictment names Dr. Philip Gabriele and his wife, Marcella. She apparently serves as an office manager for the business.
The Eye Institute has been in business locally since 2001. The indictment covers alleged business practices that took place between 2004 and 2009.

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