CARMEL — The Indiana Attorney General’s office is moving to drop its case against a Carmel doctor it had previously accused of misconduct and being “unfit to practice.”
On November 7, Attorney General Todd Rokita’s office filed a Motion to Dismiss its administrative complaint against Dr. Clifford Fetters, a licensed physician and president at Health and Wellness in Carmel, which offers holistic cancer treatments.
As WRTV Investigates reported, in May 2023, the state filed a 28-page complaint against Dr. Fetters outlining concerns from four patients identified as J.H., J.M., W.S., and W.ST.
The state accused Fetters of false and misleading advertising, failing to inform patients of side effects of tests and treatments, and not providing a patient with a truthful account of her condition, according to the state’s complaint.
In its newly filed Motion to Dismiss, the state said since May 2023, they engaged in discovery including the deposition of Dr. Fetters.
The Attorney General’s office “re-evaluated the evidence” against Fetters and also received new evidence, according to the motion.
The state determined it now “lacks the evidence to support the charges against (Fetters),” read the motion.
WRTV Investigates contacted the Indiana Attorney General’s office which declined to disclose more information about the newly discovered evidence.
“We cannot provide information as to what specifically was discovered as it is confidential,” said Josh DeFonce, a spokesperson for the Indiana Attorney General’s office.
The Medical Licensing Board is scheduled to hear the motion on Thursday, December 5 at 8:30 am.
Dr. Fetters is not required to attend the hearing.
Bob Saint, attorney for Dr. Fetters, told WRTV he will refrain from commenting until the Medical Licensing Board grants the motion.
In 2023, the Indiana Medical Licensing Board heard or resolved roughly 29 complaints.
Roughly 14 percent were dismissed.
Here is a breakdown of the outcomes, according to the Indiana Attorney General’s office:
- Dismissals – 4
- Letter of Reprimand – 10
- Probation – 6
- Suspension – 4
- Revocation – 2
- License Surrender – 1
- No violation found - 2
The Attorney General’s Motion to Dismiss is with prejudice, meaning the case can’t refile the same claim.
“Julie was a fighter”: Bargersville man files complaint
In 2017, Tim Hubbard of Bargersville filed a complaint against Dr. Fetters with the Indiana Attorney General’s office.
His wife Julie, a mother of two daughters and a respiratory therapist, was a patient of Dr. Fetters in 2016 and 2017.
"We talked about getting old together, and that's what I was hoping to be able to do,” said Tim.
Tim said in 2014, Julie was at work and could not remember the code to get into the building.
“She was totally lost,” said Tim. “They called me and I took her to the ER at that time. We were told the two words we never wanted to hear.”
Brain cancer.
Tim said Julie did chemotherapy, but it didn’t work.
“Julie was a fighter,” said Tim. “She wasn't ready to give up. She wasn't ready to give in and let this thing conquer her."
Tim said Julie did an internet search and found Dr. Clifford Fetters.
She was hopeful to live longer and became a patient of Fetters.
Tim says Fetters put her on a bunch of different supplements, which he’s kept in a box for the past seven years.
"This is some of the stuff Julie was taking, like her whole life revolved around her taking all of this,” said Tim.
Tim said Julie purchased most of the supplements at the Health and Wellness pharmacy, which is in the same building as Fetters’ office.
“This bottle here was $38,” said Tim.
Tim showed WRTV Investigates receipts showing Julie spent more than $8,000 on doctor visits and supplements.
Julie went on a strict diet at Dr. Fetters’ urging.
“Please avoid fruits as this turns into sugar which feeds cancer cells,” Dr. Fetters noted in Julie’s medical record. “I recommend you follow the foods for brain cancer and the ketogenic diet. Please see the handout for this. This diet will starve cancer cells.”
Tim said his wife lost an “extreme” amount of weight.
“I think mentally, she was torn between the supplements and enjoying the last days that she had,” said Tim. “It was torture sitting there and watching someone you love wither away and knowing there's nothing you can do about it."
Julie Hubbard died on February 3, 2017 after a three year battle with brain cancer.
“I just have days where it’s really, really hard,” said Tim. “I just sit and cry when I think about her.”
Tim filed a complaint in August 2017 against Dr. Clifford Fetters with the Indiana Attorney General’s office.
“I said ‘well, I need to stop him,’” said Tim. “You can't make promises to people you know ain't gonna come true and destroy people's lives with hopes that isn't going to happen."
Tim waited.
"Every time I'd call, they'd say we're still investigating it,” said Tim.
Indiana Attorney General files complaint against Carmel doctor
In May 2023, the Indiana Attorney General’s office filed a 13-count complaint against Dr. Fetters’ medical license.
It alleged Fetters failed to inform Julie Hubbard of side effects of tests and treatments, failed to provide her with a truthful and candid account of her condition, and ordered various tests and treatments not indicated for Julie’s condition.
The Indiana Attorney General’s office received consumer complaints against Fetters in August 2017, October 2017, April 2018 and March 2021.
The state’s complaint alleged Fetters is “unfit to practice due to failure to keep abreast of current professional theory or practice.”
The AG’s office accused him of false or misleading advertising, including touting “ozone therapy as being therapeutic for cancer.”
The FDA prohibits ozone therapy for medical uses, calling ozone a “toxic gas.”
The state’s complaint asked the Indiana Medical Licensing Board to issue disciplinary sanctions against Fetters and order the doctor pay for the prosecution of the state’s case.
Federal Trade Commission warned Health and Wellness of Carmel
WRTV Investigates found Indiana is not the only entity that’s raised concerns.
The Federal Trade Commission issued a warning letter in 2020 to Health and Wellness of Carmel saying it unlawfully advertised products to treat COVID-19 including “ozone therapy” touted by Dr. Fetters on YouTube.
In its warning letter, the FTC said it is unlawful to “advertise that a product or service can prevent, treat or cure human disease unless you possess competent and reliable scientific evidence.”
WRTV Investigates filed a request with the FTC under the Freedom of Information Act (FOIA) and obtained a 2020 response from a Health and Wellness representative who said they planned to take down the advertisements and agreed to cease further marketing “until there are appropriate studies done.”
WRTV checked all of the links that concerned the FTC, and they are all no longer active.
Panel found Fetters “failed to meet applicable standard of care”
In 2021, an Indiana Medical Review Panel found Dr. Fetters “failed to meet the applicable standards of care” in patient Laurie Neu’s case—a finding that is posted on the Indiana Patient’s Compensation Fund Public Database.
Indianapolis attorney John Lewis represented Laurie Neu’s estate.
Neu was a patient of Dr. Fetters in 2015 and 2016, according to the complaint filed with the Indiana Department of Insurance in 2017.
“She was a wonderful lady,” said Lewis.
The complaint alleged Dr. Fetters caused Laurie Neu “extensive suffering” before her 2016 cancer death.
"She never got better, she got worse,” said Lewis. “This doctor failed to meet his standard of care to my patient."
The Indiana Attorney General’s office complaint filed in May 2023 mentioned the case of Laurie Neu as an “aggravating factor” in their case against Dr. Fetters.
“On July 23, 2021, the Indiana Medical Review Panel determined that the evidence supported the conclusion that Respondent failed to meet the applicable standard of care,” read the AG’s complaint.
Dr. Fetters attorney responds to WRTV Investigates
WRTV Investigates contacted Dr. Fetters to get his side of the story.
His attorney, Robert Saint, provided a statement to WRTV.
“Dr. Fetters is a board certified physician who has been in practice for more than 30 years,” read the statement. “During Dr. Fetters’ medical career, he has not been the subject of disciplinary proceedings. Dr. Fetters will address the current matter in an appropriate and responsible manner.”
The attorney also said Dr. Fetters will not make any public comments or response to questions.
In doctor discipline cases, the Indiana Medical Licensing Board can take a wide range of actions including a fine, letter of reprimand, probation, license suspension or revocation.
“I’d like to see him lose his license,” said Tim Hubbard of Bargersville.
Dr. Fetters is free to practice medicine while the case is still pending.
“Why does it take seven years to do something? asked Tim. “They just let him keep going.”
WRTV Investigates reached out to the Indiana Attorney General’s office about the length of the investigation, given that families filed complaints in 2017, 2018 and 2021.
A spokesperson for the Attorney General’s office provided the following statement:
“It was a complex investigation due to the nature of the allegations and standard of care issues. The nature of the case is very novel so it required additional investigation. The investigation required detailed review of voluminous medical records and involvement of experts. Finally, there were other organizations involved that prolonged the filing of the administrative complaint.”
How to find information on your doctor
When you are choosing a doctor, you can put their name into the Indiana Licensing Litigation Portal.
It will show any complaints against their license and any disciplinary action taken by the Medical Licensing Board.
You can find additional information at the Indiana Patient’s Compensation Fund Public Database.
You can also verify a physician’s license on the state’s Professional Licensing Agency website using their lookup tool.
In most cases, a doctor can continue practicing while the case is pending unless the state can prove a physician represents a clear and immediate danger to the public.
You can contact WRTV Investigates Kara Kenney at kara.kenney@wrtv.com or 317-432-9704.
