Doctor who provided abortion for Ohio girl files claim against AG
Dr. Caitlin Bernard, who was cast into the national spotlight after providing abortion services for a 10-year-old Ohio girl, has filed a claim for damages against Indiana Attorney General Todd Rokita — a first step toward a possible defamation lawsuit.
Bernard's attorney, Kathleen Delaney, sent a tort claim notice Tuesday to Rokita seeking unspecified damages for security costs, legal fees, reputational harm, and emotional distress. The tort claim triggers a 90-day period for Rokita to investigate or settle the claim. After that, Bernard can file a lawsuit.
“Mr. Rokita's false and misleading statements about alleged misconduct by Dr. Bernard in her profession constitute defamation per se," the notice says. "The statements have been and continue to be published by or on behalf of Mr. Rokita and the Office of the Attorney General. To the extent that these statements exceed the general scope of Mr. Rokita's authority as Indiana's Attorney General, the statement forms the basis of an actionable defamation claim against Mr. Rokita individually.”
Rokita went on Fox News last week to announce he is investigating whether Bernard disclosed the abortion that has become a national flashpoint.
“We have this abortion activist acting as a doctor with a history of failing to report," Rokita said. "We're gathering the evidence as we speak, and we're going to fight this to the end, including looking at her licensure. If she failed to report it in Indiana, it's a crime for – to not report, to intentionally not report."
Rokita did not provide any evidence to back up his claims that Bernard has “a history of failing to report" either child abuse or abortions she has performed.
The day after his Fox News appearance, Rokita issued a statement adding federal health privacy laws to his list of concerns. "I will not relent in the pursuit of the truth," he said.
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.
Records obtained by Indystar through a public records request show Bernard reported the 10-year-old's abortion to the Indiana Department of Health and the Department of Child Services within the required time frame. She also indicated the girl was seeking an abortion as a result of being abused.
Police in Columbus, Ohio, have said Franklin County Children Services had already reported the suspected sexual abuse on June 22, five days before Bernard says a child abuse doctor in Ohio first contacted her about providing abortion services for the girl.
Bernard's employer, IU Health, said Friday it conducted an investigation and found no HIPAA violations.
Rokita's actions have prompted criticism from some in the legal community. Seventeen law professors from across Indiana have demanded Rokita retract his comments and apologize to Bernard. A former Indiana University law school dean has also filed a complaint with the Indiana Supreme Court Disciplinary Commission, arguing Rokita is unfairly targeting Bernard for political reasons and without any cause.
Rokita has dismissed the criticism and pledged to continue his investigation.
Indystar first published Bernard's account of the 10-year-old from Ohio who traveled to Indiana to seek abortion services. It quickly went viral and became a talking point for abortion rights supporters, including President Joe Biden. Abortion opponents and some news outlets, however, questioned the veracity of the story.
When Ohio police arrested a 27year-old man who they say admitted to raping the child, abortion opponents shifted from questioning the story to whether or not Bernard had made the proper disclosures.
Contact Indystar reporter Tony Cook at 317-444-6081 or tony.cook@indystar.com. Follow him on Twitter: @Indystartony.