Public Media from Michigan State University

MDHHS appeals ruling condemning aspects of its infant blood testing program

A judge found key parts of Michigan’s newborn blood-testing program unconstitutional in a challenge by four parents who raised concerns about how leftover samples are used long after screening for rare diseases.
Joey Cappelletti

The Michigan Department of Health and Human Services is appealing a federal court ruling over its infant blood sampling program.

It’s been longstanding state practice to screen blood samples from newborn babies for various medical conditions.

Last month, a federal district judge found the MDHHS may have violated the U.S. Constitution while storing and distributing some of those samples and related data without informed parental consent.

The argument rested on Fourth and 14th Amendment claims dealing with illegal searches and seizures as well as and equal protection.

The court ordered the department to give the plaintiffs the option of having the samples and data returned or destroyed or to provide informed consent.

Now, the state health department and its sampling facilities are appealing that ruling—saying the state is committed to protecting “the health and well-being of all Michigan’s residents.”

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