Alabama Mom With Health Issues Prosecuted for Taking Prescription Medication While Pregnant

Photo: (Photo : MARTIN BUREAU/AFP via Getty Images)

An Alabama mother with six children is facing prosecution after she refilled an opioid prescription medication while pregnant. Kim Blalock, 36, suffers from degenerative disc disease and spinal issues, but her situation has landed her in a serious legal battle with the Lauderdale County district attorney.

Blalock had a legitimate prescription for hydrocodone from her orthopedist to manage the severe pain on her back because of her health issues, aggravated by a car accident a few years ago. However, she stopped taking the prescription medication during most of her pregnancy, except when her back pains had been unbearable during the last trimester.

The mother was transparent with her OBGYN about taking hydrocodone and other medications. When she gave birth to a healthy baby in September, the doctors learned that the newborn was positive for hydrocodone. Soon after, Blalock was under investigation with the child services agency.

Two months after the authorities raided her home, Blalock was charged at the Alabama courts for prescription fraud. The prosecutors accused her of not disclosing to her orthopedist that she was with child when she had her prescription refilled.

A Felony in Alabama

Since 2006, Alabama established a law stipulating that it's a felony to expose children to a chemically toxic environment amid the growing number of meth labs in the rural areas. The law also included heavy sanctions on pregnant women exposing their babies to similar toxic environments in their bodies.

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Studies have shown that newborns who become exposed to opioids in their mother's womb could have withdrawal symptoms when they are born. While this was not life-threatening, some babies may require treatment and develop side effects like tremors or poor feeding.

As hydrocodone prescriptions have increased in recent years, so did the number of Alabama babies who received treatment for Neonatal Abstinence Syndrome due to opioids exposure. In the U.S, 18 states mandate doctors to turn in their patients if they have knowledge that they are taking prescription medication while pregnant.

Blalock's OBGYN was abiding by the law, but it has become a controversial mandate because of the glaring numbers of Alabama women who have been charged for allegedly breaking this law. According to Amnesty International, 479 women in Alabama had been prosecuted between 2006 to 2015 for taking prescription medication while pregnant. The advocacy group said that this has impacted women's healthcare and hasn't deterred drug use in the state.

In 2016, Alabama amended the law to exempt doctor-issued prescription medications for pregnant women. However, the district attorney found a way to charge Blalock with the felony.

Punishing the Mother

Emma Roth, Blalock's attorney, said that Lauderdale County officials are circumventing the amended clause to punish the mother. The National Advocates for Pregnant Women said that, if convicted, Blalock's case will set a precedent for other pregnant women to face the same case in court.

District Attorney Chris Connolly, however, denied Roth's assumptions. Connolly said that Blalock met the criteria of "doctor shopping" in committing prescription fraud. The lawyer said that her prescribing doctor could have helped her wean off the prescription medication while pregnant had the orthopedist been informed of her condition.

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