Poppy seed bagels led to failed drug tests for two new moms, ACLU says

N.J. hospitals accused of drug testing pregnant women without consent - The Washington Post
Kate L. developed cravings for everything bagels last year while pregnant with her first child. On Sept. 20, she picked one up and ate it on the way to a check up with her OBGYN. Kate L. is one of two New Jersey women who filed complaints earlier this month against the hospitals where they gave birth last year. Both allege that medical professionals drug tested them without their knowledge and that when those tests came back positive for opiates — the result of having eaten bagels topped with poppy seeds — a chain of events was set in motion that tarnished what was supposed to be one of the happiest moments of their lives. In the complaints, Kate and the other woman, identified as Kaitlin K., accuse Hackensack University Medical Center and Virtua Voorhees Hospital of violating the state’s anti-discrimination law by drug testing them without their permission. They’re represented by the American Civil Liberties Union of New Jersey, which wants both hospitals to stop what it called an “unlawful practice.” Through the ACLU, both women are asking the Division on Civil Rights to, among other things, investigate their claims; declare that the hospitals violated the state’s anti-discrimination law; order them to stop drug testing expectant mothers without their permission; and make them create policies and training for staff about drug testing. Hackensack Meridian Health and Virtua Health declined to comment on the women’s specific allegations. A spokesperson for Virtua said that the health care company is “dedicated to providing safe, comprehensive, and equitable care to the community” and “fully committed to reviewing this matter.” Kate L. and her husband, Jesse, were thrilled when they learned she was pregnant in January 2022, having always dreamed of having a big family, according to her complaint. Throughout her pregnancy, Kate went to routine medical appointments and gave urine samples at each one to ensure her protein levels were in a healthy range. Meanwhile, she developed the hankering for everything bagels, which contain poppy seeds, the complaint states. Famously, eating poppy seeds can lead to urine samples that test positive for opiates — last month, even the Department of Defense warned service members to avoid eating them for that reason. But Kate was unaware of the phenomenon, according to her complaint. After eating the bagel on the way to her appointment Sept. 20, she submitted a urine sample that tested high for proteins, indicating she might have preeclampsia, a potentially dangerous condition. Her doctor recommended she go to the hospital immediately. Kate was admitted to Hackensack University Medical Center, where she submitted another urine sample, her complaint states. It tested positive for opiates that afternoon, although staff didn’t tell Kate and her husband about the results until days later, according to the complaint. Kate went into labor that day, kept going through the night and, after an emergency Caesarean section the following afternoon, gave birth to a daughter. For the next several days, Kate recuperated while her newborn was in the NICU, according to the complaint. They were scheduled to leave the hospital the morning of Sept. 25. But late Sept. 24, a doctor and two nurses allegedly told the couple that, while their baby was doing well, they weren’t sure if she could be discharged because of Kate’s positive drug test. It was the first time any medical professional had mentioned it, the complaint states. The baby girl never showed signs of opiate withdrawal, and her drug tests came back negative, according to the complaint. Still, the hospital allegedly notified the state Department of Children and Families to report possible child abuse, which spooked the new parents. “They were terrified what this meant for their child and for them,” the complaint states. “Kate felt that [the hospital] was judging her as an unfit mother before she even had a chance to be one.” Instead of going home with their newborn Sept. 25, Kate and her husband were interviewed separately by state officials, according to the complaint. Kate agreed to submit to a new drug test, which came back negative. Around 6 p.m., she was discharged from the hospital without her newborn, who remained in the NICU until, as one of the doctors told Kate and Jesse, they felt “comfortable” letting them take her home. “While Kate was relieved to finally leave the hospital, she was filled with dread: her new baby remained in the care of people who had kept critical information from her and had broken her trust,” the complaint states. On Sept. 26, child protection officials inspected Kate and Jesse’s home, which was “extremely distressing,” according to her complaint. After the home visit, the officials cleared them to take their daughter home. However, “without providing any medical justification,” staff would not release the newborn, according to the couple’s complaint. So, over the next several days, Kate and Jesse visited her crib in the NICU. On Oct. 1, the hospital finally allowed the couple to take their baby home, the complaint states. A month later and some 85 miles away, the other mother represented by the ACLU, Kaitlin K., allegedly went through a similar experience at Voorhees Virtua Hospital in Voorhees Township. On Oct. 20, Kaitlin was going about her morning routine, eating an everything bagel while getting her son ready for school, according to her complaint. Then, her water broke. She went to Virtua Voorhees, where staff allegedly took a urine sample and, without her knowledge, used it to perform a drug test. That afternoon, her contractions started, and she labored for an hour before giving birth to a baby boy. Virtua Voorhees told Kaitlin about the positive result the next day and said it was doing further tests on her original sample, along with samples from her newborn, the complaint states. On Oct. 22, staff told her that a retest of the original sample had again come back positive and that, although all tests from her newborn were negative, they had to notify the state, according to the complaint. Child protective services officials interviewed her and her sister-and-law at the hospital that day. They also questioned her 7-year-old son while doing an inspection of her apartment. That evening, Kaitlin and her newborn son were allowed to leave the hospital, although they were subject to a “full investigation” by state officials for two months before they determined the allegation was “unfounded,” according to her complaint. The two women said they hope their complaints prevent others from experiencing the “extreme anxiety” that they had and continue to endure. “I’m terrified of ever going to a hospital again,” Kate L. said in the ACLU’s statement. “I’m always going to worry that our family could be torn apart. That’s why we are doing all we can to stop this from happening to anyone else.”