Constitutional Law

2nd Mom Sues Pa. County Claiming Newborn Taken Due to What She Ate: Poppy Seeds in Salad, This Time

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A second mom has sued a Pennsylvania county and a local hospital, saying that her newborn was taken from her after she tested positive for opiates due to having eaten poppy seeds in ordinary food.

This time, says plaintiff Eileen Ann Bower, it was poppy seeds in salad dressing she ate before the birth of her son in July 2009 that resulted in Lawrence County Children and Youth Services taking custody of the infant from her for several months, reports the Pittsburgh Post-Gazette.

Another mom, Elizabeth Mort, sued previously, contending that her baby girl was taken from her eating a poppy seed bagel resulted in a positive test for opiates in April 2010. She is represented by the American Civil Liberties Union in the ongoing case.

The article doesn’t include any comment from either the county agency or Jameson Health System, which is a co-defendant in both cases. It also doesn’t explain how the results of blood tests reportedly taken at the hospital allegedly came into the possession of the county agency.

However, a POPFi blog post last year about Mort’s case indicates that a state law intended to protect infants from maternal drug and alcohol abuse provided authorization.

Mort, like Bower, argues that her due process rights were violated. Bower also asserts negligence and invasion of privacy claims.

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