Lawsuit Alleges Discriminatory Drug Testing of Pregnant Patients

Hospital Mandates Universal Drug Testing of Pregnant Patients, Conducts Drug Tests Without Obtaining Informed Consent.Photo byMorristown Minute

Complaint alleges violations of patient privacy, New Jersey Law Against Discrimination, and improper mandatory drug testing practices at three Virtua hospitals.

NEW JERSEY - Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) have filed a lawsuit in Superior Court against Virtua Health, Inc. and its network of hospitals in Voorhees, Mount Holly, and Camden. The complaint alleges that Virtua engaged in discriminatory practices by subjecting pregnant patients to mandatory drug testing without informed consent and disproportionately reporting them for child abuse or neglect. The complaint claims this conduct violates the New Jersey Law Against Discrimination (LAD) and patients’ fundamental right to privacy.

“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,” said Attorney General Platkin. “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.”

Since 2018, Virtua has reportedly enforced a policy of universally drug testing all pregnant patients admitted to its Labor and Delivery or High-Risk Obstetrics Units—without applying the same standard to non-pregnant patients. This differential treatment, the complaint states, harms pregnant patients, as national medical standards advise against such testing due to the potential for false positives, especially from foods like poppy seeds.

The lawsuit highlights the cases of two women, K.K. and B.C., who tested positive for drugs after consuming poppy seeds and were subsequently reported to the Division of Child Protection and Permanency (DCP&P) for possible child abuse. Both women endured months of invasive investigations, including home visits and interviews, while caring for their newborns. The complaint notes that these reports delayed clearances for the mothers to take their babies home, causing significant emotional distress.

“Here in New Jersey, our civil rights laws safeguard the right to obtain reproductive health care without facing discrimination. Make no mistake: We will do everything in our power to protect that right,” said Sundeep Iyer, Director of the New Jersey Division on Civil Rights. “Virtua’s practices single out pregnant patients for mandatory drug testing without informed consent. As a result, patients are unnecessarily traumatized and fear they will lose their children mere hours after giving birth. Virtua’s practices violate our civil rights laws, and we look forward to proving our case in court.”

Data from DCP&P reveals that Virtua hospitals in Voorhees, Mount Holly, and Camden accounted for a disproportionately high share of statewide reports of substance-affected newborns, despite performing fewer deliveries than other hospitals. In 2022, these three Virtua hospitals made 24.2% of all reports of substance-affected newborns, even though they accounted for only 9.4% of deliveries in New Jersey.

The lawsuit seeks an injunction to end Virtua’s policy of universal drug testing for pregnant patients, civil penalties, and compensatory damages for the affected individuals. This action is the latest in Attorney General Platkin’s efforts to protect reproductive rights in New Jersey, including his establishment of the Reproductive Rights Strike Force in response to the 2022 Dobbs decision, which overturned Roe v. Wade.

The complaint underscores the need for fair, informed medical practices that respect the rights and privacy of all patients, particularly those from vulnerable groups such as pregnant women.

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