2 NJ Moms Denied Custody After Poppy Seeds Led To Failed Drug Tests: Lawsuits

NEW JERSEY — Two New Jersey mothers gave birth at different hospitals. But they both had to fight to maintain their children after surprise drug tests turned up positive because of poppy seed bagels the women consumed, according to lawsuits against the hospitals filed Wednesday.

The New Jersey chapter of the American Civil Liberties Union is representing both women in similar complaints — one against Virtua Voorhees Hospital in Camden County and the other involving Hackensack University Medical Center in Bergen County.

Last fall, the hospitals required that both women provide urine samples before giving birth. Both were accustomed to getting urine tested during prenatal medical appointments to measure proteins. They didn't realize that the hospitals planned to test their urine for drugs, according to the lawsuits.

Since they consumed poppy seeds, the women both tested positive for opiates, ACLU-NJ says. As a result, hospital staff reported the women to the New Jersey Department of Child Protection and Permanency (DCPP).

In both cases, the state concluded that any accusations of abuse or neglect were unfounded. But the hospitals' decisions to call in child services left both women in fear of losing their children.

Poppy seeds don't have nearly enough opiates to intoxicate people who consume them, but they may result in positive urine tests for codeine and morphine, which are opiates. On Feb. 22, the U.S. Department of Defense advised service members to avoid eating poppy seeds because they could result in misleading test results.

The redacted lawsuits identify the women as Kate L., who gave birth Sept. 21 in Hackensack, and Kaitlin K., who birthed her child Oct. 21 at Voorhees Hospital.

"I felt like the doctors were questioning my character and parenting skills," Kate L. said in a statement. "I’m terrified of ever going to a hospital again. 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."

The ACLU claims that each hospital's practices of drug testing pregnant patients violate the state's Law Against Discrimination based on sex and pregnancy. The organization also cited health care providers that oppose drug testing patients without their consent, since it can deter people from seeking vital medical care during or after pregnancy.

Racial bias also permeates in decisions to test and report, the ACLU says, citing a 2019 report from the National Advocates for Pregnant Women stating that health care professionals are more likely to drug test Black women and their babies.

A spokesperson for Hackensack Meridian Health told Patch that the provider doesn't comment on ongoing litigation. Virtua Health has a similar policy, but a spokesperson offered the following statement:

"Virtua has only just become aware of this administrative complaint; it is our customary approach not to comment on pending litigation. As a health system dedicated to providing safe, comprehensive, and equitable care to the community, we are fully committed to reviewing this matter."

The plaintiffs filed their complaints through the New Jersey Division on Civil Rights. Among other relief, they want both hospitals to end their practices of drug testing pregnant patients. See the redacted complaints here.