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Tuesday, February 27, 2024
Courthouse News Service
Tuesday, February 27, 2024 | Back issues
Courthouse News Service Courthouse News Service

Stillborn Fetus’ Lawsuit Is Time-Barred, Court Rules

(CN) - Parents of a stillborn baby in Iowa missed the opportunity to sue the hospital for negligence and wrongful death, a federal appeals court in St. Louis ruled.

The stillborn baby, named Noah Joe Storm, and his parents sued the Northwest Iowa Hospital Corp., alleging that the hospital could have prevented Noah's death.

The district court held that, according to Iowa Supreme Court precedent, an unborn fetus does not have a cause of action for wrongful death.

In a per curiam decision, the 8th Circuit dismissed the Storms' appeal for lack of jurisdiction. The judges ruled that the family did not appeal within 10 days of the district court's final order.

"The appellant filed with the clerk of the district court," the court wrote. "This filing does not comply with the requirement that application be made to the court of appeals within 10 days of the district court's order."

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