The state Attorney General's Office and the Division of Civil Rights has filed a lawsuit against a South Jersey health system, alleging its drug-testing policy unfairly targets pregnant women.
The suit was filed against Virtua Health, after two women said they were subjected to months-long investigations for child abuse after urine tests incorrectly indicated they were positive for drug use.
Both patients assumed their urine samples would be used to test for protein levels to rule out preeclampsia, a serious medical condition, the complaint states. But instead, they were not informed they were being tested for drug use, and had both eaten foods with poppy seeds before going to the hospital, the suit claims.
The consumption of poppy seed-containing food products can result in opiate-positive urine drug test results, according to a 2023 study published by Oxford University Press.
The lawsuit also accuses the hospital network, which includes facilities in Voorhees, Mount Holly, and Camden, of regularly failing to get informed consent for the testing. The policy exposes pregnant patients to "significant harm," the suit alleges.
A spokesman for Virtua said it's company policy not to comment on legal matters.
The hospital system remains "steadfast in continuing to create safe" maternity experiences, spokesman Daniel Moise said in an email.
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"In parts of our country, the rights of pregnant individuals are being eroded. This action illustrates our commitment ensuring that doesn't happen in New Jersey," said Attorney General Platkin in a press release. "Whether it means preserving the right to reproductive freedom or ensuring that a pregnant person doesn't undergo tests or procedures without their knowledge and consent, we will defend our residents' rights."
The lawsuit arose out of an investigation into complaints filed with the Division of Civil Rights by several pregnant women who gave birth at Virtua Voorhees Hospital and were tested without informed consent after being admitted to the Labor and Delivery and High-Risk Obstetrics Units, according to the Attorney General's office.
As a result of their positive drug tests, the women were reported by Virtua to the New Jersey Division of Child Protection and Permanency for possible child abuse less than 24 hours after they had given birth and were subjected to unannounced home visits and repeated interviews, the lawsuit alleges.
"Both mothers feared that their newborn babies would be taken away from them -- all because they had eaten poppy seeds that day and were then subject to Virtua's universal drug testing policies," the suit states.
As a result of the health system's drug testing policy, the complaint alleges Virtua's hospitals -- VirtuaVoorhees, Virtua-Mount Holly, and Virtua-Lourdes -- account for a disproportionate share of all statewide referrals to the New Jersey Division of Child Protection and Permanency concerning substance-affected infants.
Though these facilities represent just three of the 46 hospitals in New Jersey that reported referrals to the division concerning substance-affected infants, they accounted for over one-fifth of all such referrals in the state in 2021, 2022, and 2023, the complaint alleges.
The lawsuit seeks an injunction to stop Virtua from requiring universal drug testing for pregnant patients, as well as civil penalties against the South Jersey hospital system.
The state is also seeking compensatory damages to all aggrieved parties, including named and unnamed victims, for humiliation, emotional distress, and mental pain and anguish caused by Virtua's discriminatory conduct.
In a statement Thursday, Virtua said it holds "the safety and well-being of each patient paramount, especially our newborns."
"We have a relentless commitment to evidence-based, equitable care for every family, additionally meeting the highest standards of regulatory compliance. While it's our policy to respectfully withhold comment on ongoing legal matters, we are steadfast in continuing to create safe, exceptional maternity experiences for thousands of South Jersey families each year," the statement concludes.