Does a plaintiff have a cause of action for wrongful death of a stillborn baby, even if it is later born alive?

2 We note that the notion that a fetus is not a person entitled to assert a cause of action has been limited to the section 1983 context. It has in no way called into question the law of the many states that provide causes of action for injury to a viable fetus, regardless of whether it is later born alive. See, e.g., Humes v. Clinton, 246 Kan. 590, 792 P.2d 1032, 1036 (1990) ("A majority of states allow an action for wrongful death of a viable fetus even when it is stillborn as a result of the prenatal injuries.").