Catholic Health Initiatives acknowledged it was "morally wrong" for lawyers representing one of its hospitals to cite the state's Wrongful Death Act in defence of a lawsuit brought by the husband of a woman who died with her unborn twins at the hospital in 2006.

CHI's lawyers argued that it could not be held liable for the deaths of the twins because under the Wrongful Death Act "a fetus is not a person until it is born alive".

In a statement, CHI also "unequivocally affirmed CHI's strict adherence to one of the Church's most basic moral commitments — that every person is created in the image and likeness of God and that life begins at the moment of conception.

"It is an unfortunate and regrettable point of fact that Colorado law, as it now stands, fails to adequately protect the rights of the unborn."

CHI said lawyers for the hospital "will not cite the Wrongful Death Act, which does not allow fetuses to sue, in any future legal hearings of this case. Although the argument was legally correct, recourse to an unjust law was morally wrong."

Meanwhile, the case has fuelled a long-standing debate in Colorado over whether unborn children should have legal rights.

A state legislative committee recently defeated a bill to make it a crime to kill an unborn child in cases such as mass shootings.

Another bill to be considered would make it a crime to kill an unborn child during a criminal act committed against a pregnant woman. That measure specifically states that the intent is neither to outlaw abortions nor to give unborn children additional rights.

Spurred on by advancing medical technology that makes unborn children more viable and more visible, nearly 40 legislatures in the United States permit wrongful death lawsuits on behalf of unborn children.

Sources:

Catholic Health Initiatives

Reuters

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The case was brought by Jeremy Stodghill, whose 31-year-old wife Lori and her unborn twins all died in 2006 at a hospital operated by Catholic Health Initiatives.

Stodghill sued CHI, the hospital, his wife's obstetrician and the emergency room doctor.

In the case of the twins, he argued that because they were viable at 28 weeks' gestation — which none of the defendants disputed - he should be able to sue for their wrongful deaths.

Lawyers for CHI argued that no act could have saved Mrs Stodghill, who suffered a heart attack due to a blood clot which travelled to her lungs.

But they also argued that CHI could not be held liable for the deaths of the twins because in Colorado law "a fetus is not a person until it is born alive".

After CHI advanced this argument, lawyers for the two doctors raised the same contention.

Following two court rulings in favour of CHI, Stodghill has appealed to the state's supreme court.

A statement from Colorado's three bishops said: "Catholics and Catholic institutions have the duty to protect and foster human life, and to witness to the dignity of the human person — particularly to the dignity of the unborn. No Catholic institution may legitimately work to undermine fundamental human dignity."

They added: "Catholic Health Initiatives has been accused by some of undermining the Catholic position on human life in the course of litigation. Today, representatives of Catholic Health Initiatives assured us of their intention to observe the moral and ethical obligations of the Catholic Church.

"The Catholic bishops of Colorado are not able to comment on ongoing legal disputes. However, we will undertake a full review of this litigation, and of the policies and practices of Catholic Health Initiatives to ensure fidelity and faithful witness to the teachings of the Catholic Church."

Sources:

Catholic News Agency

Archdiocese of Denver

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