Title: New Jersey Health Officials Sued by Parents over Newborn Blood Samples in Database Shared with Police
According to recent reports, parents in New Jersey are suing state health officials over the storage and sharing of their newborns’ blood samples. It has been discovered that these bloodspots are being stored secretly for up to 23 years and have been shared with law enforcement agencies in some instances.
Hannah Lovaglio, one of the parents involved in the lawsuit, recalls how her first son had his blood frequently checked by nurses in the hospital after being born prematurely. Like many parents, Lovaglio trusted that the samples were being used for medical purposes and had no idea they would be stored for such a long period of time, let alone shared with the police.
This class-action lawsuit accuses New Jersey health officials of violating the constitutional rights of millions of babies and parents by subjecting them to unreasonable search and seizure. Every state requires newborns to have their blood collected for testing, which helps identify health disorders. However, in New Jersey, parents are not informed that the samples are stored for over two decades, and the reasons for doing so remain undisclosed.
Erica Jedynak, another parent involved in the lawsuit, attempted to opt out of the screening but was informed that it was mandatory. Jedynak believes that her son’s blood belongs to him and considers it his genetic information and bodily property.
The revelation of the state’s baby blood database came to light when public defenders discovered that a newborn’s sample had been used to charge the child’s father in a 1996 cold case. State officials have since admitted that the laboratory that stores the samples had received subpoenas from police agencies over the past five years.
The Institute for Justice, a civil rights law firm that filed the class-action suit, argues that storing these blood samples without consent or a warrant violates the Fourth Amendment rights of children. The lawsuit aims to force New Jersey officials to reveal how the stored blood spots have been used and either obtain consent from parents or destroy the samples.
While New Jersey is among the worst offenders in this regard, it is not the only state involved in such practices. Texas was previously caught sharing baby blood spots with the Pentagon, while Minnesota and Michigan allowed researchers to use the samples.
The hope is that this federal lawsuit will establish a precedent and lead to changes across the country regarding the storage and usage of newborn blood samples. It is important to balance the benefits of screening for health disorders with individual privacy and consent.
Thus, parents in New Jersey are taking a stand against what they perceive to be a violation of their and their children’s rights. Whether this lawsuit will bring about the desired changes and lead to clarity in the handling of newborn blood samples remains to be seen. In the broader context, it has shone a light on the practices of other states as well, raising questions about the extent to which newborns’ genetic information should be stored and used.
