LANSING, Mich. (AP) — A federal court has revived parts of a lawsuit that challenges Michigan’s collection and storage of blood samples from newborns.
An appeals court says parents have a “plausible claim” that ongoing storage or use without consent violates their constitutional rights. The court says the state should be given an opportunity to explain the purpose of storing and using the samples after they have been screened for more than 50 diseases.
The case now will return to Thomas Ludington, a federal judge in Bay City, for more work. He had dismissed it.
State law requires that babies be tested for rare medical conditions. A few drops are drawn from the heel and used to fill circles on a card. The state says the cards are stored and labeled with a code but not a name.