CJ Griffin Files Amended Complaint in Newborn Blood Spot Lawsuit
CJ Griffin, partner and director of the Justice Gary S. Stein Public Interest Center at Pashman Stein Walder Hayden P.C., recently filed an amended complaint on behalf of parents in a class action lawsuit, contending that New Jersey's voluntary changes in its newborn-blood-testing policy fall short of solving constitutional problems with the program that screens infants for 62 disorders.
"Just ask parents for consent," the amended complaint said. "That's all this lawsuit is about —voluntary, informed consent. If the state obtains voluntary, informed consent from parents to retain their children's blood, Defendants will comply with the Constitution. It really is that simple."
The class action seeks a judgment holding the defendants liable for their unconstitutional conduct, a judgment declaring that retention of the newborn blood without informed consent violates the Fourth and Fourteenth amendments, an injunction permanently enjoining the state from keeping any blood samples without informed consent, and attorney’s fees and court costs.
Hannah Lovaglio and her children, J.L. and B.L., and Erica and Jeremiah Jedynak and their son, C.J., are represented by C.J. Griffin of Pashman Stein Walder Hayden P.C., and by Robert Frommer, Brian A. Morris and Christen Mason Hebert of the Institute for Justice.