TribLIVE

| Home

 
Larger text Larger text Smaller text Smaller text | Order Photo Reprints

Lawsuit upheld in seizing of newborn

Email Newsletters

Click here to sign up for one of our email newsletters.

Daily Photo Galleries

Tuesday, Nov. 15, 2011
 

A mother's lawsuit against a Lawrence County youth services agency and a hospital can move forward, a federal judge ruled on Monday.

Eileen Bower of New Castle is suing the county's Children and Youth Services and the Jameson Health System because a hospital report that she tested positive for opiates just before her delivery led the agency to take custody of her newborn son for 75 days. Bower had eaten a salad containing poppy seeds just before going into labor.

U.S. District Judge Terrence McVerry refused to toss Bower's two civil rights claims against the county agency, the caseworker who obtained the custody order and the hospital.

He cited a ruling by U.S. District Judge David Cercone that refused to dismiss the constitutional claims in a similar case. Elizabeth Mort and Alex Rodriguez are suing the same agency and hospital for taking their daughter shortly after she was born because Mort tested positive for opiates two hours after eating a bagel with poppy seeds.

Cercone dismissed their negligence claim against the hospital, but McVerry refused to dismiss Bower's. McVerry, however, agreed to dismiss Bower's negligence claims against the agency and the caseworker and her invasion-of-privacy claim against the hospital.

Subscribe today! Click here for our subscription offers.

 

 

 


Show commenting policy

Most-Read Stories

  1. Moon area pediatrician found dead in country club lake
  2. Trib Total Media puts 9 Western Pa. newspapers up for sale
  3. LaBar: The upgrade of The Wyatt Family in WWE
  4. Starkey: Steelers stopping themselves with suspensions
  5. Pirates turn nifty double play in 9th, edge Marlins
  6. Heyl: Vick haters’ Facebook bark much worse than their protest’s bite
  7. Pennsylvania warming to bring ‘profound’ changes, Penn State report says
  8. Steelers’ Martavis Bryant facing four-game suspension
  9. Some of the WPIAL’s top teams leaning toward two-back ground game
  10. Fix for issues vowed at Pittsburgh VA
  11. Nonprofit hospital titan UPMC’s income eclipses record