NJ sues hospital for snitching on pregnant patients

🔷 NJ sues hospitals for discrimination

🔷 New moms took drug tests without knowing, suit says

🔷 Results reported to state even from poppy seed consumption

TRENTON – State officials have filed a discrimination lawsuit against a South Jersey hospital network for secretly drug testing women as they arrived to give birth to newborns.

Virtua Health — and its network of hospitals in Voorhees, Mount Holly, and Camden — were the focus of the suit filed in Superior Court by state Attorney General Matthew Platkin and the Division on Civil Rights.

Since 2018, Virtua has required universal drug testing of all pregnant patients admitted to Labor and Delivery or High-Risk Obstetrics Units.

Those tests via urine samples were given without informed consent from pregnant patients, who often thought the samples were part of their maternal monitoring, according to the complaint.

When pregnant patients receive a positive test result, Virtua has automatically reported them to the Division of Child Protection and Permanency for possible child abuse or neglect.

This has happened even when a positive result was linked to eating a poppy seed bagel, the complaint also said.

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In at least two cases, Virtua reported mothers of newborn babies to the state for possible child abuse or neglect, less than 24 hours after they had given birth, state prosecutors said.

Both patients – and their families – then endured months-long investigations while caring for their newborns, Platkin added.

A spokesperson for Virtua Health said that the hospital network remains committed to patient safety, especially babies.

"We hold 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," Daniel Moise said in a written response to New Jersey 101.5 on Thursday.

"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," Moise continued.

No similar policy for non-pregnant patients

Virtua’s hospitals have accounted for a disproportionately high share of statewide reports for possible child abuse under this universal drug testing policy, the complaint continued.

Out of 46 hospitals in New Jersey that reported making state referrals concerning potentially substance-affected newborns — the Virtua hospitals in Voorhees, Mount Holly and Camden collectively accounted for nearly 25% of all such referrals statewide in 2021, 2022 and 2023.

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According to the complaint, Virtua has no comparable policy for non-pregnant patients being admitted to its hospitals for inpatient care, and Virtua does not subject any other category or class of patients to universal drug testing upon inpatient admission to its hospitals.

As part of the discrimination lawsuit, the state was seeking an injunction to stop Virtua from requiring universal drug testing for pregnant patients.

It also sought civil penalties against the hospital system and “compensatory damages to all aggrieved parties,” including named and unnamed victims, for humiliation, emotional distress, and mental pain and anguish.

“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,” Platkin said in a written release on Thursday.

“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,” he continued.

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