26-week-old aborted fetus secures 'wrongful death' settlement against abortion provider in New Mexico

In an unprecedented case in the United States, the estate of a 26-week-old aborted fetus has received $200,000 in a wrongful death settlement against the doctor who performed the abortion, in what the attorneys for the case describe as the first such compensation awarded to an aborted baby treated as a "person" under state law.

The case: Wabbington v. Boyd

The case, Wabbington v. Boyd, was settled and dismissed with prejudice on Sept. 14, 2026. The defendants were late-term abortion specialist Curtis Wayne Boyd, who at the time directed the Southwestern Women's Options clinic, along with Emily Cohen and the late Carmen Landau.

Following reporting by LifeNews and Live Action, the lawsuit described the unborn child as a "26-week-old viable fetus" and a "person" under the New Mexico Wrongful Death Act, entitled to "equal protection under the law of New Mexico and the United States." The attorneys argued that the mother was under the influence of methamphetamine when she arrived at the abortion clinic and was therefore unable to provide valid informed consent.

A first

According to reports by LiveAction, Albuquerque attorney Mike Seibel, who handled the case alongside Justin Hall, argued that the lawsuit was filed by the mother and the baby's estate. "This is the first time that an abortionist has ever been sued for the wrongful death of a baby. There have been numerous cases for injuries to the mother, but in this case both the mother and the baby’s estate sued," Seibel said.

According to the attorney, the court recognized that the baby had legal standing and could receive compensation for wrongful death as a "person" under New Mexico law. In a video cited by LifeNews, Seibel recounted that the woman arrived at the late-term abortion clinic in 2020 to undergo a 26-week abortion while under the influence of methamphetamine and that she regretted it the next day.

"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," stated Seibel, who confirmed that he had received the $200,000 check corresponding to 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," he added.