Bearder v. State

The Minnesota Department of Health, as part of its newborn screening program, collected blood samples of newborn children to test for various disorders. The Department retained the excess blood samples for other uses and allowed outside research organizations to use them to conduct health studies. Nine families (Appellants) sued the State and the Department (Appellees), arguing that the Department violated the Genetic Privacy Act by collecting, using, storing, and disseminating the children's blood samples and test results without obtaining written informed consent. The district court granted summary judgment in favor of Appellees, and the court of appeals affirmed. The Supreme Court reversed, holding (1) the blood samples collected and stored by the Department were genetic information subject to the restrictions of the Genetic Privacy Act; and (2) the newborn screening statutes provided an express exception to the Genetic Privacy Act only to the extent that the Department was authorized to administer newborn screening by testing the samples for disorders and to store the test results, and the newborn screening statutes did not expressly authorize the Department to collect, use, store, or disseminate the blood samples for any other use without written consent.