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US Catholic hospital sued for claiming fetuses aren't 'people'

Published: January 28, 2013

A Catholic hospital in Colorado in the US has argued in court documents that it is not liable for the deaths of twin seven-month-old fetuses because those fetuses are not people under state law, reports NCR Online.

So far, courts have sided with the hospital, but that defense contradicts Catholic teaching that human life is sacred from the moment of conception.

The issue of whether a fetus is a person was raised in a lawsuit filed by Jeremy Stodghill, whose 31-year-old wife, Lori, died in 2006 at St Thomas More Hospital in Canon City, Colorado.

Lori Stodghill was seven months pregnant with twins at the time. The suit claims the hospital failed to perform an emergency cesarean section to save the fetuses.

According to published reports, a brief filed by the hospital, owned by Englewood, Colo.-based Catholic Health Initiatives, said that the fetuses are not covered by state's Wrongful Death Act.

"Under Colorado law, a fetus is not a 'person' and plaintiff's claims for wrongful death must therefore be dismissed," the hospital argued.

A state district court and an appeals court agreed with the hospital. The case, originally filed in 2007, is currently on appeal to the Colorado Supreme Court.

Southern Baptist ethicist Richard Land said the hospital failed to live up to its pro-life principles. "There's a difference between being legal and being right," Land said. "Either a fetus is a person or it's not."

FULL STORY Catholic hospital under fire for saying fetuses aren't 'people'(NCR)

 

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Recent Comments

  1. .... and if I sit in front of a mirror and close my eyes, I cease to exist!??
    Had these babies (who, at that stage might well have lived if been delivered) been on the outside of their mother, they would have been people, yet inside, they are not? If they had been delivered and died there would have been a funeral - a church funeral no less - does the catholic community of Colorado perform funerals for non-people?
    This poor man has had a triple tragedy of losing his wife and two children. For the church to deny this is unconscionable! For the church to try and take this away from him to avoid litigation is perverse!
    I have sat with a mum and her twin baby boys who died during delivery at 7 months gestation. They were no less ''people' moments before they were born and taken from her! Shame!

  2. This is breathtakingly hypocritcal of that hospital.
    Another example of a Catholic hospital retreating to convoluted legalism.

  3. In my comment I meant to refer to Catholic institutions using convoluted legalism.

  4. In spite of my searching beyond this story onto the internet, I cannot find any reporting of the cause of Lori Stodhill's death.
    Surely this perhaps might be the reason an emergency Caesarian section was not able to be performed?
    Most tragic, a family who needs our prayers.

  5. Would an urgent caesarean have been too late to have saved the twins?
    Once a pregnant woman has gone into cardiac arrest, there is a very small window of opportunity to save the foetus - less than 3 minutes.
    The article does not state whether the mother died suddenly or whether there was any discussion prior to her death as to urgent delivery in the hope of saving them.
    The emergency room caesars on a dead woman have a very poor survival rate generally as the children are either delivered already dead or succumb to hypoxic brain damage within a short time.
    A very sad story

  6. The bishops of Colorado issued a statement on 24 January, as is mentioned in the NCR report. Here is the text of that statement: http://www.archden.org/index.cfm/ID/9767

  7. At the end of the day, the court determines matters according to the law.
    Richard Land is right, there is a difference here between the law and the truth but one wonders if it was right to rely on the law in this case. Perhaps this is one of those cases where truth would have been better served by a loss - we have a precedent for that in the trial of Jesus.

  8. This is a tragedy for all concerned. Immediately, the tragedy is that of the father who lost two children because of a mistake on the part of the hospital.
    More generally, however, the tragedy is that of an institution which has sacrificed its principles to its financial needs.
    B.T. Walters is right - the truth would have been better served by a loss.
    The financial loss might very well have been enormous, and extremely difficult for the management to contemplate - but in the end the decision should have been made on the principle.
    This is just so sad.

  9. In the US what makes a hospital 'Catholic'?
    Can it have the privilege withdrawn by the bishop if it goes against Catholic teaching?
    My take on this is: a perfect opportunity to fight a law suit while totally accepting that from conception the thing in the womb is a human being with spirit, soul and body.

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