
By Elizabeth Gresosky
In a first-of-its-kind case, the estate of a preborn baby who was killed via abortion at 26 weeks was awarded $200,000 in a wrongful death lawsuit against abortionists in New Mexico.
The case, Wabbington v. Boyd, surrounds the abortion of a baby in 2020. The mother was under the influence of methamphetamine when she obtained the abortion, and therefore was not able to provide informed consent.
The lawsuit on behalf of the mother and the unborn baby was brought against the late-term abortionists Curtis Wayne Boyd (via the business Southwestern Women’s Options/SWO), Emily Cohen, and Carmen Landau.
According to LiveAction, the abortionists made no effort to offer “reasonable alternatives including continuing the pregnancy with meth cessation support and referral to treatment.”
Attorneys Mike Seibel and Justin Hall, who both operate the website AbortionInjury.com, brought the lawsuit forward.
While glad for the recognition of the unborn baby as a person in New Mexico in terms of “wrongful death,” Seibel criticized the obvious contradiction under the law: “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.
He added:
In New Mexico, they have a law that veterinarians cannot kill dogs with digoxin without giving them painkillers first.
They do not have that for the baby.
If a baby has the right to collect for wrongful death of an abortion, it has a right to live.
Every time we give the unborn baby rights we solidify personhood.
Seibel said this case is unprecedented in its recognition of an unborn baby as the recipient of a wrongful death claim.
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