Facts And Procedural History : Indiana's Newborn Screening Program

After reviewing the stipulated facts, the trial court denied Plaintiff’s request for an injunction without an explanation and the Plaintiff appealed.

Issue. The appellant wanted a new trial stating that new evidence were discovered. However, the appeal was denied by the court.

The Ninth Circuit Court of Appeals then affirmed the District Court’s ruling and upheld the preliminary injunction.

The Supreme Court agreed by a 5-4 vote. The majority and minority had different views

The Appeals Court held that the District Court that the Defendant in according with provision of 21 U.S.C. &881(a) (7) had knowledge of the illegal activities on her property. This overturns the ruling for her to forfeit her property.

On review in the appellate court, after the trial court granted a no-evidence summary judgment for the defendant, were three testimonies submitted by the defendant. Id. at *2. The court held that the testimonies did not sufficiently establish the appropriate standard of care because while each testimony stated the applicable standard of care, none of them stated how the standard was or was not met. Id. at *9. In addition, the plaintiff submitted expert testimony by a veterinarian who stated,

This Court Must Review De Novo, Considering the Evidence In the Light Most Favorable to the Government, the District Court’s Finding that Ms. Brie’s Authority to Consent To a Search Of Mr. Brie’s Shoebox Was Not Ambiguous and that Ambiguity Does Not Defeat a Third-Party’s Apparent Authority.

(3) The action, findings or conclusions of the administrative law judge are not supported by substantial evidence; or

Modern day technology has taken the “surprise” out of pregnancy for a large number of parents if they choose to utilize it. An option parents might explore is having a prenatal assessment to determine if there are any identifiable genetic abnormalities in the unborn child. There are risks associated with certain procedures such as false positive results, procedure induced miscarriages or possible fetal limb abnormalities.

wrote for the majority of the historic decision (Liptak, 2015, para. 2). Moreover, the majority

New born screenings have been implemented since the 1960s. More 44 states advocate for 21 of 29 screenings and yearly newborns go through screenings for genetic defects. The intention of new born screenings is to identify genetic conditions before traits occur for early treatment. For instance, PKU screenings pinpoint infants therefore a calculation of diet is given to prevent mental retardation. Unfortunately, not all conditions are treated the same with the use of dietary measures, it even goes as far as medical procedures. Diagnosed defects include developmental delays, neurological defects and increase in morality. Even more some are left without treatment being of its rare condition and become therefore become a patient in waiting. In

Prenatal screening is used to detect any potential diseases or disabilities that a fetus may have or develop in the future. Many procedures are done to test said fetus, including analyzing a sample of amniotic fluid or testing a few cells from the placenta. Various genetic disorders are tested for, such as mental retardation, sickle cell anemia, and Tay-Sachs. Once informed of a fetus’ potential defects, the parents can then decide to either carry the fetus to full term or terminate the pregnancy.

Before proposing policy, it is important to understand the context of prenatal care and the current U.S. health care delivery system. Viewed as an accomplishment, infant mortality rates in the U.S. have declined (Lantos, 2001). Upon a closer examination of how this is achieved, it becomes apparent that reduction in infant mortality has been through neonatal interventions, such as the neonatal intensive care unit (NICU). In 1999, board-certified neonatologists (about 3,400) were twice the number of other board-certified specialty pediatrician,

The Court of Appeals for the Second Circuit affirmed the lower court and refused to dismiss the action. They concluded that it was believable enough to survive a Rule12 (b)(6) motion to dismiss.

Every state within the United States runs its own newborn screening program which test for at least 30 serious conditions which are treatable if caught early. The program is designed to save lives and uses the dried blood sample collected during the first week after birth. The blood sample is used to measure the presence of disease markers. The current newborn screening programs are fast, cost effective, and accurate in identifying disease before symptoms appear. Genome sequencing cost have now decrease to a price range like other complex medical test to be readily available for clinical application. It is possible for genome sequencing to replace or supplement the existing traditional panels for newborn screening tests. The