A group of three parents from New Jersey are now set to finally have their day in court after suing the state government for storing their babies’ blood without their consent for several decades. Despite efforts to reach a settlement, lawyers were unable to come to an agreement, thus paving the way for the court case to proceed.
Last November, Hannah Lovaglio, Erica Jedynak, and Jeremiah Jedynak filed a class action complaint against the New Jersey Department of Health. Their complaint accused the department of violating their constitutional rights by creating “a creepy database” through stockpiling samples.
New Jersey, like all other states in the US, mandates hospitals to conduct a genetic screening of every newborn baby. This process involves taking a small blood sample through a pinprick, unless the parents object on religious grounds.
Despite recent legal actions that have compelled states like Texas, Minnesota, and Michigan to discontinue the storage of leftover blood, the Garden State still stores it in a temperature-controlled room for up to 23 years.
The reason behind the storage of the blood has not been clarified by officials. However, the lawsuit claims that it is likely being shared and possibly traded with third parties like medical corporations, researchers, law enforcement organizations, and even the Pentagon.
According to Brian Morris, a representative of the Institute of Justice (IoJ), a libertarian non-profit organization funding the lawsuit, they have suggested a simple solution that involves seeking consent from parents for the retention of any blood after the initial testing process is completed.
The written proposal we presented was disregarded by the state, and they insisted on keeping the blood samples even after the testing was done, without obtaining consent from the parents beforehand.
“We are willing to seek legal intervention if the state is not willing to implement a retention program that adheres to the Constitution’s standards.”
The Independent reached out to the New Jersey Department of Health for comment on the lawsuit, but they did not respond to our request and have yet to respond in court.
In 2022, New Jersey’s blood retention policy gained widespread attention when it was discovered that state health officials had provided samples to law enforcement officials without a warrant, in search of DNA evidence.
As part of a settlement agreement following a lawsuit over its newborn screening program, the state government of Texas decided to dispose of about 5.3 million baby blood samples in 2009.
Some scientists at the time contended that the decision could have negative implications for future medical research into uncommon birth defects and other rare diseases.
Back in 2010, it was exposed by The Texas Tribune revealed that blood samples were being shared by state officials not only with medical researchers but also with the US Department of Defence. The motive behind this was to develop a national DNA database that could aid in finding missing persons and solving cold cases.
The IoJ’s lawsuit claims that the plaintiffs believe that New Jersey is also providing their children’s blood, taken from the state’s newborn blood inventory to third parties, including the Pentagon.
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