The truth about the legal attack on the South Bend Abortuary:
The South Bend Abortuary known as the Women's Pavilion closed in March of 2016. When Dr. Klopfer closed his doors on November 4, 2015, this was the direct result of the work of The Life Center and TLC Legal.
Health Department Proceedings:
The Health Department only inspects (“surveys”) abortion clinics once every two years. If the inspection reveals problems, even dozens of problems, even page after page of problems, the clinic is asked to develop a corrective plan. If the clinic writes a plan and promises to be good, it stays open. Here’s how it worked for Doc Klopfer and the Women’s Pavilion:
·Pre-license inspection, August 2006, 22 pages of violations;
First Biennial Survey, July 2008, 27 pages of violations;
Second Biennial Survey, August 2010, 54 pages of violations;
Third Biennial Survey, July 2012, 13 pages of violations;
Fourth Biennial Survey, October 2014, 48 pages of violations.
After the October 2014 survey, Klopfer got into trouble because he didn’t promise to fix all the problems quickly enough. Later, after the Department filed an action (Let’s call it “Case A”) requesting that the clinic be shut down, he made better promises and the Department decided to let him keep operating.
But then three TLC advocates each filed separate complaints citing different evidence that Kloper was failing to give the required counseling 18 hours before medical abortions. The evidence included an audiotape of one of Klopfer’s employees stating that chemical abortions were regularly performed during the patients’ first visit to the clinic.
The health department investigated on June 3, 2015, and decided that the complaints had been substantiated. Consequently, on June 26, the Department filed a new action (“Case B”) to shut down the clinic, and denied Klopfer’s request for a new license. Klopfer’s appeal of the denial of his license application created Case C. Cases B and C are scheduled to be tried In Indianapolis on November 4, 5, and 6, 2015. Because the settlement agreement for Case A had never been finalized, that case was postponed pending the outcome of the other two cases. Presumably, if the clinic somehow survives B and C, then Case A will settle so that he can continue malpracticing as long as he wishes.
Medical Licensing Board Proceedings:
In September 2014, the Medical Licensing Board initiated a proceeding to revoke Dr. Klopfer’s medical license based upon a long list of violations that occurred prior to 2014, including violations of the 18-hour consent rule in locations other than South Bend. This proceeding may have been instigated by more than 1000 complaints filed by the Allen County Right to Life Organization. The Doctor moved for summary judgement, arguing that there were no disputed issues of fact that could be decided so as to justify revoking his license. On June 25, 2015, oral argument was held on the motion and the Board decided 4-0-1 to deny the motion and allow the case to proceed. As far as we know, no trial date has
been set. Perhaps the board is waiting for the Health Department hearing in November.