Catholic Health Initiatives, which operates hospitals across the United States, has tried to avoid liability in a lawsuit by claiming fetuses—which the Catholic Church considers human beings—are not alive.

The lawsuit was filed by Jeremy Stodghill after his pregnant wife and the seven-month old twin fetuses she was carrying died at St. Thomas More Hospital in Cañon City, Colorado, on New Year’s Day 2006.

Stodghill claims the hospital staff was responsible for wrongful death after making no attempt to save the twins before Lori Stodghill died from an arterial blockage in her lung.

In fighting the lawsuit, Catholic Health Initiatives lawyers argued that the Colorado Wrongful Death Act did not apply in the Stodghill case because the statute only applies to persons, and not fetuses that have not been born or delivered.

The defense was surprising, given that the Catholic Church has long considered fetuses as living persons who deserve protection under the law.

So far, the argument has helped the hospital in court, where it has won two rulings before district and appellate judges. Stodghill is now appealing to the state Supreme Court.

Meanwhile, Colorado’s three Catholic bishops have decided to review the lawsuit and the legal defense offered by hospital attorneys.

-Noel Brinkerhoff

To Learn More:

In Malpractice Case, Catholic Hospital Argues Fetuses Aren’t People (by John Tomasic, Colorado Independent)

Bishops Will Review Catholic Hospital's Malpractice Defense (by Electa Draper, Denver Post)