The U.S. Sixth Circuit Court of Appeals has ruled the state of Michigan does not have to destroy data gleaned from infant blood samples collected by hospitals at birth.
A unanimous three-judge panel reversed a lower court and held keeping the data does not violate the 5th and 14th amendments to the U.S. Constitution.
The appeals court panel ruled that keeping the data does not violate the parents’ constitutional rights to supervise their children’s medical care. The opinion held that storing data is not medical care and there is no privacy violation because the data is kept anonymous and difficult to trace to a specific child.
“Under no reading of the caselaw can one argue that the literal act of storing involves medical treatment, diagnosis, or advice, or that this act intrudes on bodily integrity,” wrote Judge Richard Griffin. “Nor do the other uses—quality assurance, test improvement, test development, research, and victim identification—constitute medical care for the child who provided the blood spots.”
Griffin, a former Michigan Court of Appeals judge, was appointed to the federal bench by President George W. Bush.
The blood sample, typically pulled from a pin prick on an infant’s heel, is used to detect potential health issues. The state has already agreed to destroy or return the blood samples.
Michigan Department of Health and Human Services Director Elizabeth Hertel said the decision will allow the state “to fulfill its commitment to protect the health and well-being of Michigan families, particularly its youngest and most vulnerable residents.”
“Michigan’s newborn screening program is designed to quickly diagnose babies who may look healthy but have rare and often serious disorders that require early treatment,” she said. “Since 1965, this program has ensured thousands of families were quickly provided information about their baby’s condition, allowing for early interventions and healthier outcomes.”
This may not be the final word. The parents who filed the case are expected to ask the U.S. Supreme Court to hear their challenge.
