(LifeSiteNews) — In the first case of its kind, an aborted baby’s estate has been awarded $200,000 after the mother filed a wrongful death lawsuit against abortion providers.
An unnamed mother sued several abortionists who killed Baby Wabbington by induction abortion at 26 weeks, or about 6 1/2 months’ gestation, claiming that she could not provide informed consent because she was under the influence of methamphetamine at the time of the abortion.
Wabbington v. Boyd defined the baby as a “person” under New Mexico’s Wrongful Death Act and therefore considered the baby “entitled to equal protection under the law of New Mexico and the United States.”
The lawsuit accuses the abortionists of procuring an abortion “despite having knowledge” of the plaintiff’s “substance abuse history” and despite her “signs of intoxication of methamphetamine use.”
The complaint also accused the abortionists of unfair trade practices, including “offering funeral services for aborted babies without any intent to transfer the aborted babies to the funeral home.” The lawsuit alleged that the baby’s remains were trashed in a medical waste container, contrary to the mother’s request that they be sent to a funeral home.
Furthermore, the abortionists made no attempt to discuss “reasonable alternatives including continuing the pregnancy with meth cessation support and referral to treatment.”
“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 an abortion, said medical malpractice attorney Mike Seibel. They then “billed the taxpayer under Medicaid for a procedure that typically costs tens of thousands of dollars.”
Seibel has pointed out that New Mexico law only selectively recognizes the personhood of unborn babies because “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.”
“This is the first time that an abortionist has ever been sued for the wrongful death of a baby,” Seibel told Live Action News. “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.”
“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,” Seibel noted.