Posted on 09/24/2026 5:17:07 PM PDT by Morgana
In an unprecedented legal action, an aborted baby won a wrongful death lawsuit settlement against the abortionist who killed him or her.
The estate of a 26-week-old aborted child has collected $200,000 in a New Mexico wrongful-death settlement, in what attorneys on the case call the first payout of its kind to an aborted baby treated as a person under state law.
The case, Wabbington v. Boyd, was settled and dismissed with prejudice on Sept. 14. 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 complaint described the child as a “26-week-old viable fetus” and a “person” under New Mexico’s Wrongful Death Act, “entitled to equal protection under the law of New Mexico and the United States.” The suit alleged the mother was under the influence of methamphetamine when she went to the abortion center and therefore could not give valid informed consent.
According to a report, Albuquerque attorney Mike Seibel, who brought 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.”
“This case recognized the baby to have an estate, and receive compensation for wrongful death, as a ‘person’ under New Mexico law,” he said.
On video discussing the same settlement, Seibel said the woman came to the late-term clinic in 2020 for a 26-week abortion while on methamphetamines and regretted it the next day. New Mexico, he said, has programs for pregnant women addicted to drugs, and the clinic knew she was on meth.
“You can’t consent while you’re intoxicated with anything. It’s a basic thing,” he said. “So I sued for the wrongful death of the baby.”
He said he received the $200,000 check for that claim. “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 did not argue that New Mexico has banned abortion. He pointed to the opposite: the state still allows abortion even while its wrongful-death statute treats an unborn child as a person who can collect.
“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 of that contradiction.
Some good news today.
Lots of irate husbands and boyfriends gonna sue also. They will claim that the mother who consented for abortion was not being treated for her pregnancy linked depression and could not give legal consent. Doubt it, but could have a great effect on abortion baby killers profit centers.
Ex Ellenton! KEEP suing! Sue the murderers right out of business. IF this case succeeded ‘on behalf of the deceased then what is to stop suits against the mothers from wrongful death too? IF it has been deemed the child is a “person entitled to rights’ (which all babies unborn are of course, but going by the law of nm, then lawyers should be able to sue on behalf of those chi,dren of late term abortions (but really ALL unborn should have representation if they are aborted!but for now we’ll take the lats term abortion victims of murder for court cases and suits on their behalf)
Absolutely!
Great news, but wish that baby was still here!!
Here’s hoping this will spread everywhere.
needs to be repeated 1 million times all over the US, break the abortionists bank accounts!
I was surprised it wasn’t the baby daddy, but if she was a meth head, she probably didn’t know who the father was.
Mom sounds like a real peach
“Here’s hoping this will spread everywhere.”
.
“Trump Accounts” should help somewhat.
Was this an intended goal?
Think of how many incestuous rapists who forced their victims to get an abortion will go to jail. Will be interesting to see how the abortion pill given surreptitiously will effect the person who gave it to the mother to abort the child. Red states should make laws recognizing the baby as having human rights...
Also, an abortionist who carries out an abortion in someone who wasn’t capable of making a decision might be charged with murder or manslaughter.
Yep! Hopefully this really evolves to the point that murderers whoever caused the deaths will be tried, and abortions will become rare because of fear of the law or lawsuits. Of course women who were not coerced will then lie and claim they were forced to, but the amount,of abortions would still go way down.
We are an insane,immoral people....
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