Thursday, December 09, 2010

Lawsuit alleges that state sold babies' blood | State | News from Fort Worth, Dallas, Ar...

By Jim Vertuno

The Associated Press

In a lawsuit filed Wednesday in federal court in San Antonio, the Texas Civil Rights Project accuses state health officials of lying about the sale and distribution of thousands of samples of babies' blood to pharmaceutical companies and the military.

The civil rights group originally sued the Texas Department of State Health Services in 2009 over what it said was the improper collection of millions of samples of babies' blood without parental consent, samples that were stored indefinitely for scientific research. State officials announced a settlement later that year that included destroying about 5 million blood samples.

The new suit seeks to recover and destroy the samples the group says were sold to pharmaceutical companies and sent to the Armed Forces Institute of Pathology for DNA research. The plaintiffs also want state Health Commissioner David Lakey to pay $1,000 for every blood sample distributed.

The lawsuit was filed on behalf of two parents who don't know whether their children's blood samples were sold. Jim Harrington, Civil Rights Project director, said that the suit estimates that 8,800 samples were sold, but that there could be more.

Harrington said he believes that the state profited more than $300,000 from the sales.

A Health Department spokeswoman issued a statement saying that the agency had not seen the suit and would not comment on specific allegations.

The state collects blood samples to screen for at least 27 birth defects and other disorders. In 2002, it began saving samples after the screenings for research.

State lawmakers in 2009 tightened procedures, extended privacy guarantees and let parents opt out.

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