Indiana abortionist who violated patient privacy sues to stop release of state’s abortion data

UPDATE 2/21/25: Marion County Superior Judge James Joven temporarily blocked the release of abortion reports in the state, following the lawsuit looking to suspend the reports’ release.

In his February 19 ruling, Joven stated that the reports do not fall under public records law.

“A (terminated pregnancy report) is created by a medical provider as the consequence of a medical service, and it contains highly sensitive information about a patient’s demographics, medical history, and medical care that was obtained by the provider while treating the patient,” Joven wrote in his ruling.

Joven also claimed that the release of the reports would “interfere with the physician-patient relationship.”

The temporary restraining order “shall remain in effect for ten days, unless extended for good cause.”

2/13/25: One week after the state of Indiana settled a lawsuit in which it agreed to release its Termination of Pregnancy Reports, two of the state’s abortionists are suing to stop the Indiana Department of Health (IDOH) from releasing the public abortion records.

Abortionists Caitlin Bernard and Caroline Rouse filed their suit in Marion County on February 10, asking the county’s Superior Court to issue a temporary restraining order preventing the reports’ release. The court heard oral arguments both for and against the release in an emergency hearing on February 11.

“We are once again in court defending our patients and their right to privacy,” said Bernard and Rouse in a joint statement. “Everyone receiving medical care deserves to have their personal health decisions and pregnancy outcomes protected. There is no reason to release this sensitive information to the public. We will keep fighting to protect patient privacy and the trust between doctors and patients.”

Ironically, Bernard came into the spotlight in 2023, after she rushed to the press to tell the story of one of her abortion patients, a 10-year-old rape survivor. She was fined and formally reprimanded for violating her own patient’s privacy. Bernard had even misreported the rapist’s age as 17 rather than his accurate age — 27 — and was allowed to keep her medical license. Bernard had previously been “part of a group of nine abortionists who received consumer complaints for failing to report child sexual abuse 48 times — and some of the victims were as young as 12,” according to a previous Live Action News report.

Though the reports do not contain any personal information, abortion advocates claimed that because state law protects nearly all preborn children from abortion, those abortions that were committed would be easily identifiable. The abortionists’ lawsuit is the latest in an abortion reporting saga which started last year after the IDOH refused to release the annual reporting required under state law.

READ: Indiana Governor signs executive order calling for release of abortion reports

In May 2024, a pro-life organization called Voices for Life sued the state over its failure to release the records. Voices for Life serves as a watchdog group in the state, using the records to identify and report any potential violations of the state’s abortion laws. Last week, the IDOH reached a settlement with Voices for Life and Thomas More Society, agreeing to release the records. As part of the settlement agreement, the state agreed to omit some details about the patient that could be construed as identifying, such as race and ethnicity, in an effort to further ensure that patient privacy would be protected.

Prior to that settlement, in late January Indiana Governor Mike Braun signed an executive order directing the IDOH to “enforce the law” and resume releasing abortion reports.

Following Tuesday’s hearing, the Thomas More Society issued a press release in which it promised to continue fighting for the release of the reports, which stated that “TPRs are not considered confidential medical records under Indiana law and historically, the IDOH has routinely released TPRs upon request as public records. By challenging the release of these reports, Drs. Bernard and Rouse are attempting to shield Indiana’s abortion industry from public scrutiny and preventing residents of the Hoosier State from learning whether licensed healthcare providers are fully complying with Indiana’s legal protections for the unborn.”

“It’s no secret that the abortion industry seeks to avoid scrutiny whenever it can. This lawsuit, filed by two Indiana abortion doctors, is just another blatant attempt to block transparency and evade accountability,” said Thomas Olp, Thomas More Society Executive Vice President. “To ensure that the Hoosier State’s abortion industry is following the law, Termination of Pregnancy Reports must be released as public records, as our recent settlement with the Indiana Department of Health makes clear. On behalf of our client, Voices for Life, we look forward to fighting back against Indiana’s abortion industry in court.”

According to WFYI, the Termination of Pregnancy Reports are currently slated to be released on or after February 18; a judge will rule before that time whether or not to issue the temporary restraining order.