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Thursday, January 24, 2013

In malpractice case, Catholic hospital argues fetuses aren’t people

Abortion is a more complex issue than some are willing to admit.

It isn't just easy to say Roe v. Wade should be overturned and all abortions should be outlawed because it is "murder."

As Jason Langley, an attorney with Denver-based Kennedy Childs, argued in one of the briefs he filed for the defense, the court “should not overturn the long-standing rule in Colorado that the term ‘person,’ as is used in the Wrongful Death Act, encompasses only individuals born alive. Colorado state courts define ‘person’ under the Act to include only those born alive. Therefore Plaintiffs cannot maintain wrongful death claims based on two unborn fetuses.”

The Catholic Health attorneys have so far won decisions from Fremont County District Court Judge David M. Thorson and now-retired Colorado Court of Appeals Judge Arthur Roy.

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