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Poppy Seed Drug Test Settlement: $143K to Mom Whose Baby Taken

By Newsmax Wires   |   Wednesday, 03 Jul 2013 08:34 AM

A drug test came out positive for opiates after a mother ate a poppy seed bagel, and her newborn was taken away because of it. The mother settled in court with a child welfare agency on Tuesday, according to The Associated Press.

To settle the poppy seed drug test suit, Lawrence County's child welfare agency and Jameson Hospital have paid $143,500 on behalf of Elizabeth Mort by the American Civil Liberties Union of Pennsylvania, which announced the settlement Tuesday.

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Mort sued in October 2010, alleging that a poppy seed bagel she ate shortly before arriving at the hospital spurred a positive test for opiates in April 2010 that prompted the seizure of her 3-day-old daughter, Isabella Rodriguez.

Mort said she was home with her baby when a county child welfare caseworker arrived with an emergency protective custody order and took Isabella.

The lawsuit alleged Mort was never told in the hospital that she had failed a drug test, nor was she asked if she had eaten anything that could have affected the test results.

The infant was returned five days later, after local officials agreed there was no evidence the mother had used illegal drugs.

The suit argued that Jameson Hospital used a much lower threshold for drug screening than federal guidelines, resulting in more false positives from common foods and medicines. The federal standard is 2,000 nanograms per milliliter, but Jameson Hospital used a reading of 300 nanograms, according to the lawsuit.

ACLU officials said Tuesday the hospital and county have implemented policy changes so newborns aren't taken from parents based only on maternal drug tests, which can be inaccurate.

"We hope that this case will encourage hospitals that routinely test pregnant women for drug use to reconsider that practice," said Pennsylvania ACLU staff attorney Sara Rose.

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Related stories:

New Hampshire Bill Ties Drug Testing to Welfare

New Jersey School District May Implement Random Drug Testing

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