(Thomas More Society) — Attorneys from the Thomas More Society have filed the first-ever wrongful-death lawsuit brought by a father of an unborn child that was killed in an illegal abortion. The plaintiff, Marcus Silva, is suing three women — Jackie Noyola, Amy Symmank Carpenter, and Aracely Garcia — who assisted his then-wife’s unlawful abortion by providing her with illegally obtained abortion pills and conspiring with her to conceal the pregnancy and the abortion from her husband. Silva will also sue the manufacturer of the mifepristone that was used in the abortion once the manufacturer is identified in discovery. The lawsuit was filed in Galveston County District Court on March 9, 2023.
“Abortion harms not only the unborn children who are killed, but also the fathers who have had their fatherhood stolen from them,” Peter Breen, Executive Vice President and Head of Litigation at the Thomas More Society. “We commend Mr. Silva for stepping forward, and we will help any father who seeks justice on behalf of his unborn child who is killed in an unlawful abortion.”
The Texas wrongful-death statute imposes civil liability on anyone who assists an illegal abortion, and abortion has been outlawed in Texas since June 24, 2022 — the date on which the United States Supreme Court announced its ruling in Dobbs v. Jackson Women’s Health Organization. The abortion of Silva’s child took place in July 2022, after the Dobbs ruling. Self-managed abortion has been illegal in Texas even prior to Dobbs decision. The women who assisted with this illegal abortion also face the prospect of murder charges, as Texas law defines the crime of murder to include the intentional killing of an unborn child and assisting in a self-managed abortion, according to Texas Penal Code §§ 1.07, 19.02, 19.06. Silva is not bringing any claims against his former wife, who is immune from civil and criminal liability under Texas law.
UPDATE (03/07/23): Walgreens won't dispense abortion pills in 20 states
The pressure is paying off. Walgreens' plan to dispense abortion pills nationwide is now in tatters, with the pharmaceutical giant announcing that it won't mail the pills to, or sell them within, 20 states.
The news comes after 20 Republican attorneys general warned CVS and Walgreens that doing so would be in violation of federal law and that they were opening themselves to penalties.
But we can't rest on our laurels with this boycott: Walgreens and CVS will only listen to us when their profits are threatened — we need a HUGE boycott so that blood money they get from selling abortion pills is dwarfed by the profits they lose when pro-life America shops elsewhere.
Even Politico admitted in its reporting that "pressure" from pro-life voters like you helped change Walgreens' plans, so now we're asking you to take the next step: simply share this petition with your friends and ask them to join the boycott.
Walgreens and CVS will begin selling mifepristone — a powerful chemical that kills unborn children in the womb — if pro-life America does not ACT NOW.
Pro-life Americans MUST STOP the widespread sale and distribution of mifepristone by sending a message that only big-box stores will understand: A NATIONAL BOYCOTT OF WALGREENS AND CVS.
Walgreens and CVS are the newest back-door channels for the pro-abortion movement, now that the Supreme Court has overturned Roe v. Wade.
Will you act now to STOP abortion drugs from reaching your pharmacy?
Our work in the pro-life movement is FAR from over, especially now that Walgreens and CVS have chosen to push deadly drugs in their stores and in our communities!
SIGN and SEND a message to Walgreens and CVS! This is completely unacceptable!
We must stop abortion from reaching our pharmacies and stop the abortion industry from poisoning our communities — before it’s too late.
These big-box stores respond only to profit. The pro-life movement must enact a national boycott if the abortion industry dares flood our neighborhoods!
SIGN and SEND a strong message to Walgreens and CVS: unless they immediately reverse course, the entire pro-life movement will BOYCOTT their stores!
SIGN NOW and send a clear message!
CVS & Walgreens announce plans to dispense abortion pills after Biden FDA loosens restrictions
The petition alleges that Silva’s wife, upon discovering that she was pregnant, sought help in obtaining illegal abortion pills from Noyola and Carpenter, and the trio conspired in a series of text messages to murder the Silvas’ unborn child with abortion-inducing drugs. Noyola and Carpenter each offered to allow the pregnant Silva to use their residences for the abortion, and Noyola conspired with Garcia to obtain the abortion pills in Houston and deliver them to Silva so that she might abort her baby.
Briscoe Cain, an attorney for Marcus Silva and a member of the Texas House of Representatives, warned that Texas law authorizes wrongful-death lawsuits against anyone who distributes or manufactures abortion pills used by Texas residents, and that Silva’s legal team will sue anyone else found to be involved in the manufacture or distribution of the abortion pills used by Silva’s wife.
“Anyone involved in distributing or manufacturing abortion pills will be sued into oblivion,” Cain said. “That includes CVS and Walgreens if their abortion pills find their way into our state.”
Breen added, “It’s well past time to hold accountable those who are involved in the distribution and manufacture of these murderous drugs.”
Read the plaintiff’s original petition filed by Thomas More Society attorneys, with former Solicitor General of Texas Jonathan Mitchell listed as lead attorney, on March 9, 2023, in the District Court of Galveston County, Texas, in Marcus Silva v. Jackie Noyola, et al, here.
Reprinted with permission from the Thomas More Society.