New Mexico Estate Settled Wrongful Death Lawsuit
A legal settlement of $200,000 has been reached following a 2020 abortion procedure in New Mexico.
Updated on Oct. 6, 2026 in Pregnancy
The estate of a 26-week-old fetus has received a $200,000 settlement in a wrongful death lawsuit filed against abortion providers in New Mexico. The legal action centered on a procedure performed at Southwestern Women's Options.
Why it matters
The case highlights critical legal and ethical questions surrounding informed consent requirements for patients undergoing medical procedures. It emphasizes the necessity for clinics to ensure patients have the capacity to provide valid legal consent.
A legal settlement of $200,000 was awarded to the estate of a fetus following a procedure at 26 weeks of gestation. The total settlement figure is confirmed, though the specific administrative shifts in consent verification protocols are not yet finalized.
The players
Jazel Wabbington
The mother involved in the 2020 procedure who the lawsuit alleged was unable to provide informed consent due to intoxication.
Emily Cohen
A physician and defendant named in the wrongful death lawsuit.
Curtis Boyd
A physician and defendant named in the wrongful death lawsuit.
Carmen Landau
A deceased physician who was named as a defendant in the case.
Southwestern Women's Options
The medical clinic where the procedure took place.
The details
The lawsuit alleged that Jazel Wabbington was under the influence of methamphetamine, rendering her unable to provide legal informed consent at the time of the procedure. It further claimed that despite signed documents requesting the remains be released to Riverside Funeral Home, the clinic instead placed them in a medical waste container for destruction. The clinic was also accused of unfair trade practices regarding its handling of liability releases.
Timeline
December 8, 2020: The abortion procedure occurred.
2022: Defendant Carmen Landau died.
October 6, 2026: The settlement details were published.
Health Landscape
This settlement follows a pattern set by established state medical malpractice standards regarding the obligation of providers to ensure patient competency during consent. It reflects the ongoing tension in medical law concerning the verification of patient capacity during complex care decisions.
Patients should always ensure they fully understand any medical document or consent form before signing, especially when under the influence of medication. If you have concerns about the consent process or procedures at a facility, discussing these with a primary care physician can help ensure your health rights are protected.
The takeaway
This case serves as a reminder of the vital importance of informed consent in all medical procedures. Patients should feel empowered to ask questions or delay decisions if they do not feel fully cognizant of the choices they are making regarding their care.
Further reading
Learn more about Pregnancy standards and patient rights in clinical settings.
Source note: This article includes information reported by The Post Millennial.
