(Des Moines, Iowa) – Catholic Health Initiatives-Iowa has dropped its argument in a medical malpractice case that the loss of an unborn child does not equate to the death of a “person” for the purpose of calculating damage awards. The nonprofit, tax-exempt entity is one of several defendants in a Polk County malpractice case involving the death of an unborn child.

The Iowa Capital Dispatch reported, last month, attorneys for CHI and MercyOne Des Moines Medical Center argued an unborn child should not be considered a “patient” for purposes of calculating damages in the case. They also argued that “finding an unborn child to be a ‘person’ would lead to serious implications in other areas of the law.” That position appeared to clash with CHI’s mission statement and ethics guidelines, both of which are based on the concept that human life begins at the moment of conception.

In Iowa, court-ordered awards for noneconomic losses stemming from medical malpractice are capped at $250,000, except in cases that entail the “loss or impairment of mind or body.” Initially, CHI and MercyOne argued the cap on damages applied in cases where the “loss” was that of a fetus or an unborn child. However, during a court hearing on Friday (April 18), an attorney for CHI and MercyOne, Christine Conover, informed the court it was withdrawing from the motion to cap damages in the case on that basis. “We are a Catholic hospital and obviously the Catholic faith believes that life begins at conception,” Conover told Polk County District Judge Scott J. Beattie.

“To be honest, I had wondered about that stance,” Beattie told Conover, referring to the hospital’s previously filed motion seeking to cap damages. “It seemed like kind of an odd stance,” he added, noting that it seemed to contradict the position that CHI had taken in other legal matters.

In a written statement issued Friday, Bob Ritz, president and CEO of MercyOne, stated “we are heartbroken that our belief that human personhood begins at conception would ever be called into question. As a Catholic health system, the sanctity of life is not just a belief we hold; it is the foundation of every action we take. “While the motion (to limit damages) was accurate from a purely legal standpoint, it has caused confusion and concern. That is why we have asked our counsel to withdraw the motion with respect to MercyOne. No courtroom argument should ever cast doubt on the deeply held Catholic values that guide MercyOne.”

The question of whether the cap on damages would apply in the case is still an issue for other defendants in the case, including Pella Regional Health Center. The lawsuit involves the treatment provided to Miranda Anderson of Poweshiek County.

The case is scheduled for trial on May 12, 2025. At Friday’s hearing, Beattie indicated he will rule on the question of damages, as well as other unresolved pretrial disputes, as quickly as possible.