Phyllis Barnes, an upbeat 50-year-old Valparaiso woman, loved life and was trying her best to beat lung cancer, her sister Peggy Hood said Wednesday.

Her struggle to live ended Sept. 16 due to an incorrect diagnosis and unnecessary treatment by Dr. Mark Weinberger, a Merrillville-based sinus doctor, Hood and her attorney have alleged in a lawsuit.

Weinberger, who markets himself as "the Nose Doctor," operates the Weinberger Sinus Clinic at 255 E. 90th Drive.

He has not been at his office for several weeks, and it is believed that Weinberger went on vacation to Europe a couple of weeks ago and did not return, said Robert Handler, a court-appointed spokesman for the medical business.

The delay in getting necessary treatment for what was several months later diagnosed in a hospital emergency room as the final stages of cancer cost Barnes her life, Hood said.

Valparaiso attorney Kenneth Allen filed a lawsuit Wednesday in Lake County Circuit Court alleging Weinberger's medical negligence caused Barnes' death.

He is hoping to join forces with other patients who have alleged malpractice on the part of Weinberger, including 18 to 20 clients that are being represented by Merrillville attorney Barry Rooth.

"We filed a class-action suit because we are seeking a consolidation of cases so others can get a fair compensation for needless suffering," Allen said.

Allen is representing Barnes' estate, including her only child, Shawn Barnes, 19, of Valparaiso.

He said Barnes, who was suffering from a raspy throat and nasal problems, went to Weinberger after seeing a billboard promoting his business.

"She went there for a diagnosis and got unnecessary surgery and delay. He never diagnosed her cancer," Allen said.

He said Weinberger removed polyps and corrected a deviated septum, but her health didn't improve.

Hood said her sister's symptoms became so bad she was taken to a hospital emergency room where the attending physician diagnosed her throat cancer.

Allen said Weinberger operated what amounted to a sinus mill, seeing patients, diagnosing them with his own in-house scanning equipment and treating them at a cost of $17,000 to $40,000 per patient.

"Unfortunately no one is sure of where he is other than outside the U.S. It's unfortunate that his interest was in selling surgery and not taking care of his patients," he said.