Lawyers for Catholic hospital argue that a fetus is not a person - Basketball Forum : Professional and College Basketball Forums

**Prince** · 01-26-2013, 12:10 PM

Quote:

Canon City, Colorado (CNN) -- Life begins at conception, according to the Catholic Church, but in a wrongful death suit in Colorado, a Catholic health care company has argued just the opposite.

A fetus is not legally a person until it is born, the hospital's lawyers have claimed in its defense. And now it may be up to the state's Supreme Court to decide.

Lori Stodghill was 28 weeks pregnant when she went to the emergency room of St. Thomas More Hospital in Canon City vomiting and short of breath, according to a court document.

She went into cardiac arrest in the lobby.

"Lori looked up at me, and then her head went down on her chest," said her husband, Jeremy Stodghill.

She died at age 31. Her unborn twin boys perished with her. That was New Year's Day 2006.

Stodghill, left behind to raise their then-2-year-old daughter alone, sued the hospital and its owner, Catholic Health Initiatives, for the wrongful deaths of all three.

After about two years of litigation, defense attorneys for the hospital and doctors entered an argument that shocked the widower.

They said that under state law, an embryo is not person until it is born alive, according to court documents. The Stodghills' twins were deceased when they were removed from their mother's lifeless body.

"I didn't even get to hold them," Jeremy Stodghill said. "I have an autopsy picture. That's all I've got."

The court agreed with the argument, and Stodghill lost the suit. The court also ruled against Stodghill in the case of his wife for other legal reasons.
The hospital and doctors then sued him for over $118,000 legal fees and attempted to garnish his wages, according to a legal document filed on his behalf.

The defendants offered to forget the fees if Stodghill dropped his appeal. He refused and filed for bankruptcy to avoid having to pay the claim, which he says he can't afford as he struggles to raise his now-9-year-old daughter, Libby.

Stodghill has petitioned the Colorado Supreme Court to hear his case, and he'd like to hear from the Catholic Church.

Representatives of the Catholic bishops of Colorado declined to comment on the legal proceedings, but said they will review the litigation and Catholic Health Initiatives' practices "to ensure fidelity and faithful witness to the teachings of the Catholic Church."

http://www.cnn.com/2013/01/26/us/col...uit/index.html

**Prince** · 01-26-2013, 12:11 PM

**Krstic All-Star** · 01-26-2013, 12:57 PM

There are, unfortunately, a number of very thorny issues that legislatures and courts are still busy trying to resolve when it comes to unborn infants. There are a number of jurisdictions that don't allow wrongful death recovery for fetal deaths (it's nowhere near my area, but I think NY might be one of them).

It does underscore how religiously affiliated hospitals might not be 'religious' exactly... awful story

**Krstic All-Star** · 01-26-2013, 12:58 PM

For a further odd wrinkle, see http://digitalcommons.pepperdine.edu...53&context=plr

rocketeer · 01-26-2013, 01:36 PM

their position makes sense. what matters here would be what the law currently states, not what their belief system says.

really ****ed up though that any organization claiming to be part of any type of church would be trying to sue this guy for more money after the shit he's been through.

Nimreitz · 01-26-2013, 03:12 PM

Quote:

Originally Posted by Krstic All-Star

There are, unfortunately, a number of very thorny issues that legislatures and courts are still busy trying to resolve when it comes to unborn infants. There are a number of jurisdictions that don't allow wrongful death recovery for fetal deaths (it's nowhere near my area, but I think NY might be one of them).

It does underscore how religiously affiliated hospitals might not be 'religious' exactly... awful story

Yeah, Roe v. Wade has been used as precedent for a lot of things like this.

MemphisX · 01-27-2013, 12:56 AM

Sorry, IMO, church goers get to play the it is the law that counts not my belief game. The church does not get that leeway in my book.

**Prince** · 01-27-2013, 01:21 AM

Just as long as they are fine with being labeled hypocrites for the rest of their lives, then I'm fine.

**Pimped Out** · 01-27-2013, 11:13 AM

I'm fine with it as long as they don't ask for any special protection under the law for being a religious organization.

Mrs. Thang · 01-28-2013, 08:57 AM

I actually don't think it's hypocritical or particularly untoward. If you have to obey laws you disagree with, you shouldn't be expected to renounce protection from them.

**Prince** · 01-28-2013, 09:11 AM

My favorite comment from the artcile:

Quote:

A fetus is a person when I'm telling you what to do, but it isn't a person when it might cost me money.

Nimreitz · 01-28-2013, 10:23 AM

A lawyer would commit malpractice by not making this argument.

MemphisX · 01-28-2013, 09:48 PM

...and they wonder why church attendance is in a freefall.

Nimreitz · 01-28-2013, 09:57 PM

I thought it was because people are realizing God doesn't exist and doesn't impact their daily lives.

**Hyperion** · 01-29-2013, 06:36 AM

Don't worry, there is also this: LINK

Long story short: Saved the woman's life, had to abort the fetus to save her life, four children get their mom back, hospital goes against church policy, nun on board gets excommunicated, hospital staff votes to give church middle finger and leaves Catholic Church.

01-26-2013, 12:11 PM	#2 (permalink)
Prince Formerly Known as Quite Frankly Join Date: Nov 2005 Location: Wisconsin Age: 22 Posts: 11,764 Rep Power: 4532849	Re: Lawyers for Catholic hospital argue that a fetus is not a person __________________ 2032 KVBL Champions: Milwaukee Bucks (Prince) Lineup - PG D'Angelo McMillian \| SG Eddy Sweet \| SF Cameron Clothier \| PF Mario Rogic \| C Greg Hope \| 6th man C Andre Wright Finals MVP: Greg Hope 2033 KVBL Champions: Milwaukee Bucks (Prince) Lineup - PG D'Angelo McMillian \| SG Joseph McDaniels \| SF Cameron Clothier \| PF Mario Rogic \| C Greg Hope \| 6th man C Peter Acres Finals MVP: Greg Hope Fear the Deer Minnesota Timberwolves

01-26-2013, 12:57 PM	#3 (permalink)
Krstic All-Star Legal Smeagol Join Date: Mar 2005 Location: Unemployed, in Greenland?!? Age: 34 Posts: 30,656 Rep Power: 19240053	Re: Lawyers for Catholic hospital argue that a fetus is not a person There are, unfortunately, a number of very thorny issues that legislatures and courts are still busy trying to resolve when it comes to unborn infants. There are a number of jurisdictions that don't allow wrongful death recovery for fetal deaths (it's nowhere near my area, but I think NY might be one of them). It does underscore how religiously affiliated hospitals might not be 'religious' exactly... awful story __________________ LIPA delenda est

01-26-2013, 12:58 PM	#4 (permalink)
Krstic All-Star Legal Smeagol Join Date: Mar 2005 Location: Unemployed, in Greenland?!? Age: 34 Posts: 30,656 Rep Power: 19240053	Re: Lawyers for Catholic hospital argue that a fetus is not a person For a further odd wrinkle, see http://digitalcommons.pepperdine.edu...53&context=plr __________________ LIPA delenda est

01-26-2013, 01:36 PM	#5 (permalink)
rocketeer Legend Join Date: Oct 2002 Age: 27 Posts: 13,699 Rep Power: 9760468	Re: Lawyers for Catholic hospital argue that a fetus is not a person their position makes sense. what matters here would be what the law currently states, not what their belief system says. really **ed up though that any organization claiming to be part of any type of church would be trying to sue this guy for more money after the shit he's been through. __________________ Rodney Rogers!!!!!**

01-27-2013, 12:56 AM	#7 (permalink)
MemphisX Welcome to the Grindhouse! Join Date: Sep 2002 Age: 18 Posts: 14,869 Rep Power: 8088415	Re: Lawyers for Catholic hospital argue that a fetus is not a person Sorry, IMO, church goers get to play the it is the law that counts not my belief game. The church does not get that leeway in my book. __________________ Los Angeles Clippers HQ KVBL L.A. Clippers Team Page 2016 Western Conference Finalist 2017 Western Conference Finalist 2027 KVBL Finalist 2028 KVBL Champions PG Anibal Levrino \| SG DJ Alexander \| SF Sky Johnson \| PF Henry Torre \| C Frank Weiland(MVP) \| 6th Man Nikolai Koznyshev 2018 FRSL Champion L.A. Clippers

01-27-2013, 01:21 AM	#8 (permalink)
Prince Formerly Known as Quite Frankly Join Date: Nov 2005 Location: Wisconsin Age: 22 Posts: 11,764 Rep Power: 4532849	Re: Lawyers for Catholic hospital argue that a fetus is not a person Just as long as they are fine with being labeled hypocrites for the rest of their lives, then I'm fine. __________________ 2032 KVBL Champions: Milwaukee Bucks (Prince) Lineup - PG D'Angelo McMillian \| SG Eddy Sweet \| SF Cameron Clothier \| PF Mario Rogic \| C Greg Hope \| 6th man C Andre Wright Finals MVP: Greg Hope 2033 KVBL Champions: Milwaukee Bucks (Prince) Lineup - PG D'Angelo McMillian \| SG Joseph McDaniels \| SF Cameron Clothier \| PF Mario Rogic \| C Greg Hope \| 6th man C Peter Acres Finals MVP: Greg Hope Fear the Deer Minnesota Timberwolves

01-27-2013, 11:13 AM	#9 (permalink)
Pimped Out Not Just Dumb, Aggie Dumb Join Date: May 2005 Location: God's Waiting Room Posts: 18,773 Rep Power: 21474863	Re: Lawyers for Catholic hospital argue that a fetus is not a person I'm fine with it as long as they don't ask for any special protection under the law for being a religious organization. __________________ I travelled the world and the seven seas I AM WATCHING YOU THROUGH A CAMERA

01-28-2013, 08:57 AM	#10 (permalink)
Mrs. Thang Player Join Date: Apr 2011 Posts: 717 Rep Power: 2114851	Re: Lawyers for Catholic hospital argue that a fetus is not a person I actually don't think it's hypocritical or particularly untoward. If you have to obey laws you disagree with, you shouldn't be expected to renounce protection from them.

01-28-2013, 10:23 AM	#12 (permalink)
Nimreitz Legend Join Date: May 2003 Location: Milwaukee, WI Age: 29 Posts: 16,247 Rep Power: 14813408	Re: Lawyers for Catholic hospital argue that a fetus is not a person A lawyer would commit malpractice by not making this argument.

01-28-2013, 09:48 PM	#13 (permalink)
MemphisX Welcome to the Grindhouse! Join Date: Sep 2002 Age: 18 Posts: 14,869 Rep Power: 8088415	Re: Lawyers for Catholic hospital argue that a fetus is not a person ...and they wonder why church attendance is in a freefall. __________________ Los Angeles Clippers HQ KVBL L.A. Clippers Team Page 2016 Western Conference Finalist 2017 Western Conference Finalist 2027 KVBL Finalist 2028 KVBL Champions PG Anibal Levrino \| SG DJ Alexander \| SF Sky Johnson \| PF Henry Torre \| C Frank Weiland(MVP) \| 6th Man Nikolai Koznyshev 2018 FRSL Champion L.A. Clippers

01-28-2013, 09:57 PM	#14 (permalink)
Nimreitz Legend Join Date: May 2003 Location: Milwaukee, WI Age: 29 Posts: 16,247 Rep Power: 14813408	Re: Lawyers for Catholic hospital argue that a fetus is not a person I thought it was because people are realizing God doesn't exist and doesn't impact their daily lives.

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