Dr. Caitlin Bernard, an Indianapolis obstetrician-gynecologist who gave the girl a medication on June 30, filed a “notice of tort claim” for false statements Attorney General Todd Rokita has made about her and her work. Bernard received widespread attention after she gave an interview to the Indianapolis Star about the child, who traveled to Indiana from Ohio for the abortion. The so-called fetal heartbeat law went into effect in Ohio last month after the Supreme Court overturned Roe v. Wade. Such laws prohibit abortions once a fetal heartbeat can be detected, which is usually around the sixth week of pregnancy. A 27-year-old man was charged last week in Columbus, Ohio, with raping the girl, confirming the existence of a case that was initially met with skepticism by some news outlets and Republican politicians. Bernard’s attorney, Kathleen DeLaney, filed the “notice of tort claim” against Rokita just days after she sent a cease and desist letter. The claim begins a 90-day period for the state to settle. If not settled, Bernard could file a lawsuit. The claim did not say how much money Bernard is seeking, noting that “the damage is ongoing.” “Mr. Rokita’s false and misleading statements regarding alleged misconduct by Dr. Bernard in her profession constitute defamation,” the claim states. “The statements were published and continue to be published by or on behalf of Mr. Rokita and the Office. of the Attorney General”. After news of the 10-year-old’s abortion broke, Rokita told Fox he would investigate whether Bernard violated child abuse notification or abortion reporting laws. He also said his office will review whether anything Bernard told the Indianapolis Star about the girl’s case violated federal medical privacy laws. Rokita did not offer specific allegations of wrongdoing. Records obtained by The Associated Press and local news outlets show Bernard filed her report of the girl’s abortion on July 2, which is within Indiana’s required three-day reporting period for an abortion performed on a girl younger than 16 years old. Rokita did not immediately respond to a request for comment.
Arleigh Rodgers is a member of the Associated Press/Report for America Statehouse News Initiative corps. Report for America is a nonprofit national service program that places reporters in local newsrooms to report on undercover issues. Follow her on Twitter at
