Michigan’s Infant Blood Sample Data Retention Upheld by Appeals Court
A recent decision by the U.S. Sixth Circuit Court of Appeals has determined that Michigan may retain data extracted from blood samples collected from newborns, without infringing on constitutional rights. This significant ruling comes after reversing a prior decision by a lower court.
The appellate court’s unanimous decision clarified that keeping such data does not breach the 5th and 14th Amendments. Their conclusion focused on the distinction between medical care and data storage, asserting that maintaining anonymized data poses no privacy concerns for the children involved.
Judge Richard Griffin, who authored the court’s opinion, emphasized that, “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.” He further noted that additional uses of the data, such as research and test development, do not equate to medical care.
Appointed by former President George W. Bush, Griffin previously served on Michigan’s Court of Appeals. His judicial insight underscored the ruling, which also noted that the state plans to destroy or return the physical blood samples.
The blood samples, obtained via a heel prick, are crucial for identifying potential health issues in infants. Elizabeth Hertel, the Director of Michigan’s Department of Health and Human Services, highlighted the importance of this program, stating, “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 added that the program has been instrumental in facilitating early interventions since 1965, thus enhancing health outcomes.
Despite this ruling, the legal battle may not be over. The parents involved in the case are anticipated to seek a hearing from the U.S. Supreme Court, potentially taking this debate to the nation’s highest court.
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