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.”
So, Catholic hospital says it runs the place in accordance to church doctrine. Couple gets negligent treatment that results in the miscarriage of their twins. They try to sue for wrongful death (as is prescribed in church doctrine) and their defense attorney says "Nah, that was just pillow talk, baby".