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DOJ Unseals Charges Against Texas Whistleblower Doctor

 June 19, 2024

Dr. Eithan Haim, a surgeon and whistleblower, has been indicted on four felony charges by the Department of Justice.

Haim faces severe legal consequences for allegedly violating HIPAA by exposing a Texas hospital's secret gender-affirming care on minors, Fox News reported.

Dr. Eithan Haim completed his Texas Children's Hospital (TCH) residency. On May 29, the U.S. Attorney's Office for the Southern District of Texas filed an indictment against him. The charges were unsealed recently, bringing public attention to the case.

Indictment Details and Allegations

The indictment accuses Haim of attempting to re-activate his login credentials under pretenses after they had expired. He allegedly obtained unauthorized HIPAA-protected health information on pediatric patients. Haim is said to have caused harm to TCH, its patients, and its physicians by contacting a media outlet.

According to the indictment, Haim leaked documents in May 2023 that showed TCH continued operating its child gender clinic despite state laws. Journalist Christopher Rufo, who received the documents, stated that they did not include patients' personal information. However, the indictment claims that TCH suffered financial loss, medical delays, and threats due to Haim's actions.

Haim faces up to 10 years and a $250,000 fine if convicted. He has pleaded not guilty to all charges and vowed to fight the case.

Context of the Gender-Affirming Care Controversy

In February 2022, Texas Attorney General Ken Paxton declared that gender-affirming care for minors could be considered child abuse under state law. Subsequently, in March 2022, TCH announced it would halt all treatments and surgeries related to transgenderism in children.

Haim claimed that despite the announcement, procedures continued, including a hormone device implantation in an 11-year-old girl. He reported that the frequency of these procedures increased over the next year.

Following Rufo's May 14, 2023, story, the Texas legislature banned transgender medical interventions on minors. Haim's disclosures played a significant role in this legislative change.

Reactions and Defense Statements

Haim has been vocal about his stance, stating on X, "They wanted to intimidate me into silence using every technique the federal leviathan had at their disposal. But they failed. The only way to lose is to submit to corruption. It's time to fight back harder than ever!"

Haim's attorney, Marcella Burke, argues that this case represents government overreach. "Our client is a mandatory reporter of child abuse who reported as a whistleblower to the State of Texas what he had seen in his hospital," she said. Burke insists that the government has misunderstood the facts and HIPAA regulations.

Burke added, "I am honored to represent Dr. Haim. We received the indictment moments before his arraignment. The government appears to have its facts wrong; it misunderstands the situation, and it's unclear whether it understands how HIPAA works. Our client will have his day in court, and we will fight these charges."

Personal Impact on Haim's Family

Her pregnant wife, Andrea Haim, has expressed concerns about the impact of the indictment on their family. "My husband is a whistleblower and a hero who is being targeted in a baseless political prosecution for telling the truth when Texas Children's Hospital was hiding its transgender procedures on children," she said. Andrea fears that her husband will miss the birth of their child and the early stages of their daughter's life.

She continued, "But as difficult as this has been, it is a privilege to take on this fight for children and preserve whistleblowers' ability to tell the truth. We cannot do it alone."

The Haim family has started a fundraiser to support their legal defense, citing the financial strain caused by the indictment.

Conclusion

Dr. Eithan Haim's case has garnered significant attention due to its implications for whistleblower protections and the ongoing debate over gender-affirming care for minors. As Haim prepares to fight the charges, his case highlights the complexities and controversies surrounding medical ethics, legal boundaries, and government regulations. The DOJ and TCH have yet to comment on the case, leaving many questions unanswered as the legal battle unfolds.