Dr. Farid Fata's victims say they haven't received restitution

It’s bad enough to be the victim of Dr. Farid Fata, but to be promised certain out-of-pocket expenses - even funeral expenses - and not get them is victimizing people all over again.

“Everything that we paid, our deductibles, Company's, medical supplies, treatment, is what they said they would pay," said Terry Spurlock, who received cancer treatment three years longer than was necessary at the hands of Fata.

Not all of it was paid.  Take Robert Sobieray for example. He received 2 1/2 years of cancer treatment from Dr. Fata, when he didn't have cancer.

“They did surgery and everything else on me to get my gums straightened out because they weren't strong enough."

According to paperwork, Robert submitted a $65,000 claim for out-of-pocket expenses as his claim for restitution in Dr. Fata's criminal case. Yet he was only reimbursed about $33,000.

“Nobody did anything. What they're trying to do, I think, is not pay us.  They want to hold that money for the insurance companies,” said Sobieray. “They must be being paid off by the insurance companies or something."

Robert is part of a class of 735 victims that must split roughly $12 million seized by the government from Dr. Fata's assets for restitution - but after lawyers, whistleblowers, and insurance companies are paid, there's not a lot of money to go around.

“We lost our home, we lost some play toys we had, Tim lost his job because he couldn't work anymore," said Geraldine Parkin. Her husband Tim received the wrong cancer treatment.

Tim is part of a medical malpractice lawsuit against Dr. Fata and others, in which 42 people have to split roughly $8 million.  Geraldine says Tim was offered a $180,000 settlement, but Blue Cross has a $264,000 lien.  Under the arbitration process, that lien must be paid out of whatever Tim's share turns out to be.

Monies paid to insurance companies in the medical malpractice case will not be reimbursed in the restitution case. 

“Now we paid thousands of dollars and they're crunching us again," said Spurlock.

Facilitators in the restitution case say they will reconsider a denial, but the paperwork must be filed by August 23rd. 

“I got 23 days to do all this,” said Sobieray. “I don’t think it's right."