‘Riddled with inaccuracies': Dr. Caitlin Bernard’s attorney responds to investigation notice
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The complaints behind Indiana Attorney General Todd Rokita's investigation into an Indianapolis doctor, who terminated the pregnancy of a 10-year-old Ohio girl in a case that cast Indiana into the center of the national abortion debate, are a “nonsensical waste of time" and filled with "inaccuracies," the attorney for Dr. Caitlin Bernard said Thursday.
In a statement, Bernard's attorney said the six consumer complaint investigation notices came from individuals who purportedly reside throughout the U.S. and did not have direct contact with the Indianapolis doctor.
For example, the statement noted, the complaint lists a phone number for Bernard as 555-555-5555. At least one of the six people submitting a complaint has a significant criminal history, the statement from attorney Kathleen Delaney alleges.
“Unfortunately, Indiana Attorney General Todd Rokita continues to use his office to try and intimidate Dr. Caitlin Bernard," DeLaney said in a statement. "We urge Mr. Rokita to stop wasting taxpayer money and our time on his nonsensical campaign against Dr. Bernard for doing her job as a physician properly and in accordance with the law."
IndyStar asked a spokesperson for Bernard for copies of the complaints, but was directed to Rokita's office.
When asked for comment as well as copies of the complaint notices, a spokesperson for Rokita's office declined.
“The Attorney General’s office investigates a variety of consumer complaints across the Consumer Protection Division, which is a large division within the office. We don’t discuss the details of investigations," said spokesperson Kelly Stevenson.
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Indiana doctor at center of nation's abortion debate
Bernard has found herself at the center of the nation’s abortion debate since sharing the story of a 10-year-old Ohio girl who traveled to Indiana for abortion services after the U.S. Supreme Court overturned Roe v. Wade.
The story, first published in IndyStar, quickly went viral and has become a flashpoint as Indiana lawmakers and those in other states consider ways to further limit or protect abortion access. The case became a talking point for abortion rights advocates, including President Joe Biden. Abortion opponents and some Republican elected officials, meanwhile, questioned the story’s veracity until authorities in Columbus, Ohio, arrested a 27-year-old man on rape charges.
That’s when Rokita announced on Fox News that his office was investigating Bernard, a licensed OB-GYN who he called an “abortion activist acting as a doctor.”
“We're gathering the evidence as we speak, and we're going to fight this to the end, including looking at her licensure,” Rokita said during the July 13 appearance. “If she failed to report it in Indiana, it's a crime for — to not report, to intentionally not report.”
More:Indiana AG Todd Rokita still investigating Dr. Caitlin Bernard, attorney says
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Rokita said Bernard had “a history of failing to report,” though he didn't provide examples. He later questioned whether Bernard had violated HIPAA, which is federal law that protects patient privacy.
Indiana requires the immediate reporting of suspected child sexual abuse and physicians must report any abortion they perform on someone under age 16 to the state within three days.
The day after Rokita's interview, the Indiana Department of Health provided IndyStar with a copy of the 10-year-old's terminated pregnancy report. It showed that Bernard reported the abortion before the state's reporting deadline, and that Bernard indicated the 10-year-old had suffered abuse.
Indiana University Health, Bernard’s employer, also later said it does not believe she violated federal privacy laws when she shared the anecdote with IndyStar.
More:Indiana Dr. Caitlin Bernard reported 10-year-old Ohio girl's abortion, records show
In the days following Rokita’s Fox News appearance DeLaney, sent a cease-and-desist letter to Rokita and a former Indiana University law dean filed a complaint against Rokita with the Indiana Supreme Court Disciplinary Commission. Then last week, DeLaney sent a tort claim notice to Rokita seeking unspecified damages for allegedly defaming Bernard. The notice is a first step toward a formal lawsuit.
Rokita, however, has not backed down. DeLaney said Tuesday her office received a notice from the attorney general’s office indicating that Rokita was still investigating Bernard.
In 2018 the anti-abortion organization Indiana Right to Life released a newsletter claiming Bernard was among nine abortion doctors in the state who had been accused of failing to report child abortions and sexual abuse.
When asked for copies of those allegations, a spokesperson for Indiana Right to Life told IndyStar to ask the attorney general's office. When IndyStar asked the attorney general's office, a spokesperson said, "the outcome of the 2018 complaints is privileged."
Contact Sarah Nelson at sarah.nelson@indystar.com or 317-503-7514. Contact IndyStar reporter Tony Cook at 317-444-6081 or tony.cook@indystar.com. Follow him on Twitter: @IndyStarTony.
This article originally appeared on Indianapolis Star: Dr. Caitlin Bernard’s attorney responds to Rokita investigation notice
