Gage says talk with witness not disclosed

Attorneys for personal injury lawyer Noel Gage said the U.S. attorney's office didn't tell them that they interviewed Mark Kabins, a potential witness in the case, before Gage's trial began.

In federal court documents filed this week, Gage attorney Tom Pitaro said prosecutors questioned Kabins, a Las Vegas surgeon, for several hours on Feb. 16, but "a week of trial passed before the defense received notice of it," the document states.

The trial began on Feb. 19. They argue that prosecutors were obligated to tell the defense about the interview immediately.

Federal prosecutors stated in a court transcript from Feb. 25 that they informed Gage's defense team of the interview and believed that Kabins' attorneys were working with Gage's team and shared the information.

Kabins, a Las Vegas surgeon, is at the center of the ongoing Gage saga. Gage's defense team claims Kabins' testimony will contradict a government witness who testified after being granted immunity.

A federal judge in April told prosecutors to grant Kabins immunity by May 2 or he would dismiss the case against Gage. Federal prosecutors are fighting the judge's order.

Authorities accuse Gage of conspiring with a network of doctors and lawyers to defraud clients. Federal prosecutors accuse Gage of conspiring with self-proclaimed medical consultant Howard Awand and Las Vegas physicians to inflate medical costs and boost legal settlements while protecting the surgeons from medical malpractice suits.

U.S. District Judge Justin Quackenbush ordered a mistrial in April after a jury couldn't reach a verdict.

Quackenbush filed an order on May 7 postponing Gage's new trial until he decides whether to drop the charges or side with the prosecutors' request not to grant immunity.

The charges against Gage stem from a case involving Melodie Simon, who suffers from permanent paralysis after she had back surgery at Sunrise Hospital and Medical Center.

She hired Gage, who told her she probably could settle for $8 million to $12 million, the government alleges. But instead of pursuing a medical malpractice lawsuit against the doctors who performed surgery on her, Gage sued anesthesiologist Dan Burkhead and Sunrise Hospital for $2.3 million.

In exchange for not suing the surgeons, including Kabins, Awand referred a lucrative case to Gage that resulted in an $18 million settlement, the government alleges.