If you or a family member suffered injury due to a false positive drug test by a public security officer in the United States, then you should quickly seek a qualified local personal injury attorney to assist you in filing a false positive drug test lawsuit against the security guard company, if applicable. If you suffer an injury because of a security guard’s negligence in taking a drug test, then you have a case. This article will help you learn more about filing a false positive drug test lawsuit in the United States. A” False Positive “test is not the same as” False Positive for Any Other Substance” (PPSA). The U.S. Department of Justice does not handle PPSA claims; instead, it handles civil fraud cases. To file a PPSA claim, you must file a claim with a private law firm or with the Office of the Attorney General.
False Positive Drugs Lawsuit
On April 8, 2021, a former drug addict filed a false positive drug test lawsuit against two former Texas state social workers. The plaintiff’s daughter tested positive for cocaine on March 4th, 2021. The social worker recommended that the daughter get cleaned up prior to testing; however, the mother insisted that she did not ingest any cocaine. The nurse then performed a drug screen on the woman after the mother informed her that there were no drugs in the home. After performing the test, the nurse reported that the results showed the presence of cocaine in the urine of the patient.
The following day, the mother of the plaintiff, along with other members of her family and her friend, made an appearance before the Texas state health board to testify concerning the results of the drug test. In addition to the plaintiffs, the defendant’s attorney also appeared. The state health board voted to uphold its original decision and ruled in favor of the defendant. However, the plaintiff and her attorney, filing suit against the state health board and the former defendant, sought a new trial. On June 9, the Fourth Circuit Court of Appeals affirmed the earlier decision and granted the plaintiff’s motion.
The case began when a drug residue test (known as a drug test) was conducted on the mother of one of the plaintiffs’ children. During this drug screen, a false positive result occurred. According to the defendants, the test did not detect controlled substances in the patient’s blood stream. The court found that the test failed to detect the controlled substance “due to a variety of reasons.” Among those reasons were that the test was not properly conducted; the sample wasn’t drawn for the purpose of determining control; the sample could have been drawn at a time other than the time the drug testing occurred; the results of the drug screen were inconsistent with the results of the drug test; and that the drugs in question were not regularly maintained on the defendant’s property. The court found that all of these reasons failed to meet the “inextricity” required for a valid claim for compensation.
In the first phase of the case, the plaintiff and her attorney will seek to have the state health board to compensate for the emotional distress caused to the plaintiff, her inability to care for her children, and her loss of earning ability due to the false positive result. The second phase of the case will seek damages based on actual damages. If the plaintiff wins, she will be able to recover past, present and future medical expenses, lost income, a permanent physical disability resulting from the harm done to her, pain and suffering, and a loss of enjoyment of life. If the state health board prevails in its motion to dismiss, then the plaintiff will be able to pursue a claim for punitive damages based on the recklessness of the state health board in failing to conduct the drug test.
If the plaintiff prevails in her court action, the defendant is required to notify all hospitals and other healthcare providers that the test was conducted and that the results were negative. Once this notification is issued, then the defendant is required to conduct another test in order to disprove the negative result. If the defendant is still unable to prove that the test was inaccurate or in error, then they are required to remove the incorrect results from the database and hold onto the rest of the records. This is necessary in order to provide the opportunity to the plaintiff to obtain compensation for her losses.
