TribLIVE

| Home


Weather Forecast
 
Larger text Larger text Smaller text Smaller text | Order Photo Reprints

Lawsuit upheld in seizing of newborn

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.

 

 

 
 


Show commenting policy

Most-Read Stories

  1. Pittsburgh rallies for second year of Pirates magic
  2. Robinson man to serve probation for woman’s drowning death
  3. Steelers film session: Harrison on the field often
  4. Tomlin: Penalties only one factor in Steelers’ loss
  5. Police: Charges unwarranted for Yough shop class project
  6. Women sues over injuries she blames on Pittsburgh EMS
  7. Steelers are vowing to fix the costly penalties, lack of self-discipline
  8. Olympian Michael Phelps arrested on DUI charge
  9. Fundraising under way for Indiana County newborn struck by stray bullet
  10. Uniontown man to stand trial on drug, gun charges
  11. Prosecutors float possibility of jail time for former Justice Melvin
Subscribe today! Click here for our subscription offers.