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ALBUQUERQUE, NM — In a historic legal breakthrough that has left policy analysts staring blankly into the middle distance, an estate representing a 26-week-old victim of an abortion has successfully collected a $200,000 wrongful-death settlement from the clinic responsible.
The lawsuit, Wabbington v. Boyd, targeted late-term abortionist Curtis Wayne Boyd, Emily Cohen, and the late Carmen Landau. According to legal documents, the complaint classified the child as a "26-week-old viable fetus" and a "person" under New Mexico’s Wrongful Death Act who was "entitled to equal protection under the law of New Mexico and the United States."
By 'fetus' it means a human being.
The suit detailed how the mother was under the influence of methamphetamine when she entered Southwestern Women’s Options, rendering her legally incapable of giving informed consent for the procedure. So, like assisted suicides in Canada, death was the choice by those in charge.
Albuquerque attorney Mike Seibel, who represented the plaintiffs alongside co-counsel Justin Hall, confirmed the unprecedented nature of the payout.
“This is the first time that an abortionist has ever been sued for the wrongful death of a baby,” Seibel said. “There have been numerous cases for injuries to the mother, but in this case both the mother and the baby’s estate sued.”
Seibel noted that the legal framework handled the situation with standard bureaucratic rigor. “This case recognized the baby to have an estate, and receive compensation for wrongful death, as a ‘person’ under New Mexico law,” he explained.
Elaborating on the 2020 incident, Seibel recalled that the mother immediately regretted the decision the following day. He noted that while the state maintains assistance programs for pregnant women suffering from addiction, clinic staff proceeded despite her visible intoxication.
“You can’t consent while you’re intoxicated with anything. It’s a basic thing,” Seibel said. “So I sued for the wrongful death of the baby.”
Shortly thereafter, a check for $200,000 arrived in the mail.
“The first time this has ever happened in the history of the United States where a baby has sued the abortionist for the wrongful death in this situation,” Seibel added.
Legal scholars have noted the state's remarkably agile statutory logic, which seamlessly classifies an unborn child as a legal non-entity up until the point a civil claim requires them to be a human being with a financial balance sheet.
“You can collect for the death of the unborn baby as a person, but you can still murder the unborn baby under New Mexico law,” Seibel said of the legal doctrine.
At press time, state officials were reportedly drafting guidelines to ensure that while unborn children remain fully eligible to collect financial damages for their own deaths, they remember to pay the applicable state capital gains tax on the settlement.
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The suit detailed how the mother was under the influence of methamphetamine when she entered Southwestern Women’s Options, rendering her legally incapable of giving informed consent for the procedure. So, like assisted suicides in Canada, death was the choice by those in charge.
Albuquerque attorney Mike Seibel, who represented the plaintiffs alongside co-counsel Justin Hall, confirmed the unprecedented nature of the payout.
“This is the first time that an abortionist has ever been sued for the wrongful death of a baby,” Seibel said. “There have been numerous cases for injuries to the mother, but in this case both the mother and the baby’s estate sued.”
Seibel noted that the legal framework handled the situation with standard bureaucratic rigor. “This case recognized the baby to have an estate, and receive compensation for wrongful death, as a ‘person’ under New Mexico law,” he explained.
Elaborating on the 2020 incident, Seibel recalled that the mother immediately regretted the decision the following day. He noted that while the state maintains assistance programs for pregnant women suffering from addiction, clinic staff proceeded despite her visible intoxication.
“You can’t consent while you’re intoxicated with anything. It’s a basic thing,” Seibel said. “So I sued for the wrongful death of the baby.”
Shortly thereafter, a check for $200,000 arrived in the mail.
“The first time this has ever happened in the history of the United States where a baby has sued the abortionist for the wrongful death in this situation,” Seibel added.
Legal scholars have noted the state's remarkably agile statutory logic, which seamlessly classifies an unborn child as a legal non-entity up until the point a civil claim requires them to be a human being with a financial balance sheet.
“You can collect for the death of the unborn baby as a person, but you can still murder the unborn baby under New Mexico law,” Seibel said of the legal doctrine.
At press time, state officials were reportedly drafting guidelines to ensure that while unborn children remain fully eligible to collect financial damages for their own deaths, they remember to pay the applicable state capital gains tax on the settlement.
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