For the first time in U.S. history, an aborted baby has won a wrongful death lawsuit settlement against the abortionist who killed the unborn child.
The estate of the third-trimester child killed in utero has reportedly collected $200,000 under New Mexico’s Wrongful Death Act.
The first-of-its-kind lawsuit described the child as a “26-week-old viable fetus” and a “person” “entitled to equal protection under the law of New Mexico and the United States.” The suit alleged that the mother was under the influence of methamphetamine when she accessed the abortion clinic in 2020 and, therefore, could not give valid informed consent.
Albuquerque attorney Mike Seibel, who litigated the case with co-counsel Justin Hall, said both the mother and the baby’s estate sued. “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.”
“You can’t consent while you’re intoxicated with anything,” Seibel continued. “It’s a basic thing. So, I sued for the wrongful death of the baby.”
The case, Wabbington v. Boyd, was settled and dismissed with prejudice earlier this month. The defendants were late-term abortionist Curtis Wayne Boyd, who then operated as Southwestern Women’s Options; Emily Cohen; and the late Carmen Landau.
The lawsuit also asserted that the abortionists participated in unfair trade practices, including “offering funeral services for aborted babies without any intent to transfer the aborted babies to the funeral home.”
The complaint contends further that no efforts were made to discuss “reasonable alternatives including continuing the pregnancy with meth cessation support and referral to treatment.”
On video discussing the same settlement, Seibel said the woman came to the late-term clinic in 2020 under the influence of drugs and regretted her decision the next day. New Mexico, he said, has programs and resources for pregnant women addicted to drugs, and the clinic knew she was on meth.
“The abortion industry preyed on the mother’s vulnerable condition for profit … failed to properly inform her of programs to help her substance abuse … [and] failed to properly consent her” before performing the abortion, he said. Then they “billed the taxpayer under Medicaid for a procedure that typically costs tens of thousands of dollars.”
Seibel said this historic victory in the battle for the sanctity of human life moves the pro-life cause forward significantly with the court’s recognition of personhood for an unborn child.
“This case recognized the baby to have an estate, and receive compensation for wrongful death, as a ‘person’ under New Mexico law,” he said.
Seibel added: “In order to establish personhood, we must establish that the baby has rights. The more they have rights, the less you can just kill them. The more rights we establish, the better our case for personhood becomes.”
But the irony of the ruling was not lost on Seibel. “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,” he said.
