Now this is a lawsuit I can totally get behind!

[Magpie]

'Worst thing that ever happened'
Woman says suit challenges policies of hospital, Lawrence County CYS
Friday, October 29, 2010
By Rich Lord, Pittsburgh Post-Gazette

Losing her infant for five days, after a bagel caused a false positive drug test, was "the worst thing that ever happened to my family," mother Elizabeth Mort said Thursday. Because she doesn't want it to happen to other families, she has sued Jameson Health System and Lawrence County Children and Youth Services in U.S. District Court.

"I'm hoping that they'll either change their policies so it doesn't happen to another family, or they'll investigate it better before they take babies from their homes," said Ms. Mort, 21, joined by lawyers, her fiance Alex Rodriguez, 23, and 6-month-old Isabella Rodriguez at the American Civil Liberties Union's Oakland office.

Those policies, according to her complaint, call for mandatory urine testing of all maternity care patients at Jameson Hospital, with a finding of 300 nanograms per milliliter of opiate metabolites considered a positive for drug use. (The ACLU contrasted that with federal workplace drug testing standards that don't consider a result to be positive unless opiate metabolites are 2,000 nanograms per milliliter.) When a test is positive, the hospital tells the county CYS agency, which seeks judicial approval to place the child in protective custody.

ACLU Attorney Sara J. Rose said the policy results in the removal of some infants who are in no danger.

"We had a client two years ago whose newborn was taken away from her [in Lawrence County] because she had a positive drug test for marijuana," said Ms. Rose. "She missed the first two months of that baby's life," with the exception of short visits.

A hospital spokeswoman could not be reached for comment. County representatives have said they acted properly given the hospital's report.

Ms. Mort said she told hospital staff that she tried marijuana in high school, but didn't like it, and hadn't used illegal drugs during her pregnancy. She told reporters Thursday that she got two drug tests during pregnancy and passed.

When county workers and police showed up at her door on April 30, the day after she brought Isabella home, and took the baby away, the family hunted for answers. They realized that Ms. Mort ate a poppy seed bagel the day before giving birth, and that the seeds contain opiates. She then had her doctor prescribe a drug test, which she passed.

She said that the county agency's workers admitted their mistake a few days after the April 30 taking of Isabella but kept her in foster care for five days before returning her. Since then, motherhood has been "the most amazing thing in the whole entire world," Ms. Mort said.

Ms. Rose said that the policies of the hospital and the county result in the removal of infants from parents where there is no evidence of danger to the child.

The lawsuit seeks policy changes, "nominal" damages and attorney fees.

Rich Lord: rlord@post-gazette.com or 412-263-1542.

First published on October 29, 2010 at 12:00 am

Did you have to undergo drug testing during your pregnancy? I didn't!

 

[Acklander]

I'm not aware of having undergone a drug test while pregnant or after delivery. How heartbreaking for the mother to go through that. I've heard of problems with poppyseed bagels before.

 

[Mrs. Charming]

I'd have been livid! Something similar happened to me. I had a placenta problem and I was admitted to the hospital and a day or two later, a Dr. I was unfamiliar with felt she needed to drug test me. I was REALLY upset. REALLY upset. I don't do drugs, but still it was a major insult that she either thougth I was a druggie, and not only that, did drugs while I was *pregnant*. Of course it came back negative. I did find out a few days later from one of the nurses that apparently in certain cultures, a very pregnant woman is given a little cocaine to bring along labor and this can cause bleeding. Yikes. It was still a MAJOR insult nonetheless.

 

[FigmentFinder]

I'm currently pregnant and there's no mandatory drug testing in my state.

 

[Mrs. Charming]

I'm not aware of having undergone a drug test while pregnant or after delivery. How heartbreaking for the mother to go through that. I've heard of problems with poppyseed bagels before.

LOL I heard that and never ate a poppyseed bagel ever again!

 

[HelenePA]

I once asked why they took my blood right before my inductions and they told me for drug tests, HIV and WBC and other stuff.. Didn't you have to give blood while in the hospital right before you gave birth? or right when you found out you were pregnant? did you ask what each of those little things were for? I've NEVER done any drugs in my life so I had nothing to worry about nor do I eat bagels. ETA i know its standard practice at my hospital for this.. I was not singled out. Everyone I've known to give birth there has done this.. I bet most dont ask why they are taking the blood though. The last time I did....

 

[Magpie]

I once asked why they took my blood right before my inductions and they told me for drug tests, HIV and WBC and other stuff.. Didn't you have to give blood while in the hospital right before you gave birth? or right when you found out you were pregnant? did you ask what each of those little things were for? I've NEVER done any drugs in my life so I had nothing to worry about nor do I eat bagels.

Well... I never set foot in a hospital, so that may be it.

My midwife offered me a screening for a few different conditions and I passed on the blood test, because I was far enough along at that point that I couldn't see myself aborting just because there was a whatever percentage chance my kid might have Down's Syndrome.

I did let them take a prick of my babies heels after they were born, though! That was to check vitamin levels, because there are some conditions that if caught right away, can be treated very effectively.

Every procedure they did on me was explained very clearly and carefully, along with any benefits it might have for me.

Do you eat muffins? They put poppy seeds in those, too. Also, granola bars. Cakes. Cookies. Salad dressing. All sorts of yummy treats! I would have thought I had nothing to worry about too, since I've never done drugs either. But apparently an "Everything Bagel" might do me in!

 

[NikitaZee]

Good for her - I hope her suit accomplishes something. Our oldest son was born in NYC, which also had a manatory drug test for newborns. I had been given a shot of morphine for pain in early labor, and the night nurse forgot to note it on my chart. The next day, my son tested positive for opiates. Social services was brought in, and my husband and I weren't allowed to take our baby from the nursery until they got hold of the nurse and verified my story. It was nervewracking. Luckily for us, it only lasted several hours, but there is still a social services report out there with our name on it, which shouldn't exist at all.

 

[HelenePA]

I dont think I eat anything with poppy seeds.. I dont really like them. I'm sure if I asked what all the blood was for they'd tell me but to be honest.. I just wanted it over and done with.. I'm fine with blood as long as its not mine or I dont look at it coming out.. it freaks me out it didn't use to but I gave blood once and watched the entire time and almost fainted.. since then its take what you want and get that needle out of me asap.

I do wonder if the heal prick also checks for drugs? I never thought to ask. I know it checks for PKU and stuff like that.

 

[ChrizJen]

I can understand the lawsuit, and I understand being horrified that the baby was wrongfully removed from that family. But I don't understand the uproar about being drug tested when giving birth.
If it's policy, and if you know you're not doing drugs, why would you be offended???

 

[HelenePA]

maybe its just me but I can honestly understand why they'd do a drug check on mom's in birth.. what would happen if the mom was on drugs then then requested something for pain then causing the mom to OD while in labor or a bad interaction.. then they'd have a wrongful death suit on their hands..

 

[AmberHeartsDisney]

I think this is a good idea in some cases. But there has to be a better way to test...

 

[kamik86]

I hate things like this.... my husband when he was young had social services called for him becasue of a mark on his face... it was a rash he was alergic to wool and had fell asleep on his gramma shoulder the day before but the family hadn't known what cause it at the time.

Then I had friends who were really abused by their mothers boyfriends but of course no one believed them.

 

[Acklander]

I can understand the lawsuit, and I understand being horrified that the baby was wrongfully removed from that family. But I don't understand the uproar about being drug tested when giving birth.
If it's policy, and if you know you're not doing drugs, why would you be offended???

I wouldn't be offended as long as they drug tested every pregnant woman, not just the low income ones or the ones on welfare (I've heard of that happening before) however, I'd like to know before hand what they were testing for, I think that's fair - afterall it's my body, and I'm paying the bill for the testing. Besides, if I knew they were testing I'd stay away from the poppyseed bagels specifically so that something like this wouldn't happen.

 

[Acklander]

maybe its just me but I can honestly understand why they'd do a drug check on mom's in birth.. what would happen if the mom was on drugs then then requested something for pain then causing the mom to OD while in labor or a bad interaction.. then they'd have a wrongful death suit on their hands..

I once went to the ER for a kidney stone and they asked what medication I was taking (none) and then they proceded to give me a very strong pain medicine - stronger than what's given to a woman in labor - without having a drug test. So this logic doesn't make sense.

 

[luvmy3]

I don't have a problem with mandatory drug testing or this lawsuit. There should be other ways on top of the drug test that are used to determine whether a newborn should be taken from its parents.

 

[jlder72]

There is obviously more to this story than what is here. Look at this quote from the story:

"Ms. Mort said she told hospital staff that she tried marijuana in high school, but didn't like it, and hadn't used illegal drugs during her pregnancy. She told reporters Thursday that she got two drug tests during pregnancy and passed"

Why would she volunteer she had two other drug tests during the pregnancy????

 

[Myothername]

Just to let you know there are other things that will show up on drug tests. If you take benadryl on a regular basis it can show up as marijuana in a drug test. Also there is a prescription stomach medication that will do that as well. I can't remember the name of it but when my mother-in-law went into the hospital I was talking to the nurse and she asked if my mother-in-law did drugs. I laughed and not only does she not do drugs but she wouldn't know them if you hit her in the face with them. It was her stomach medicine made her test positive.

 

[HelenePA]

There is obviously more to this story than what is here. Look at this quote from the story:

"Ms. Mort said she told hospital staff that she tried marijuana in high school, but didn't like it, and hadn't used illegal drugs during her pregnancy. She told reporters Thursday that she got two drug tests during pregnancy and passed"

Why would she volunteer she had two other drug tests during the pregnancy????

well i'm guessing she had one at the start of her pregnancy, and probably when she did the sugar test. the nurse said to me when I asked at my last induction I was tested more than once during the pregnancy and there was no reason for them to think I was on drugs. I dont even smoke! Yuck! she said it was all very normal. I didn't worry about it.. why should I? if it helps one little newborn out then so be it! But yes I do think there should be other precautions/tests put in place for taking the newborn away!

 

[HelenePA]

Just to let you know there are other things that will show up on drug tests. If you take benadryl on a regular basis it can show up as marijuana in a drug test. Also there is a prescription stomach medication that will do that as well. I can't remember the name of it but when my mother-in-law went into the hospital I was talking to the nurse and she asked if my mother-in-law did drugs. I laughed and not only does she not do drugs but she wouldn't know them if you hit her in the face with them. It was her stomach medicine made her test positive.

Wow I never knew this!