Estate of Fetus Received $200,000 Settlement
A New Mexico wrongful death lawsuit reached a settlement regarding a 2020 abortion procedure.
Updated on Oct. 6, 2026 in Pregnancy
The estate of a fetus at 26 weeks gestation was awarded a $200,000 settlement in a wrongful death lawsuit. The case focused on an abortion procedure performed in New Mexico.
Why it matters
The lawsuit alleged that the clinic failed to obtain legal informed consent and improperly handled fetal remains. This case highlights legal questions regarding consent and liability in reproductive healthcare providers.
The settlement of $200,000 follows claims that Jazel Wabbington, who was 26 weeks pregnant, was unable to provide informed consent due to intoxication. The fetus was at 26 weeks gestation at the time of the procedure.
The players
Jazel Wabbington
The mother who was 26 weeks pregnant at the time of the procedure.
Emily Cohen
A doctor named as a defendant in the wrongful death lawsuit.
Curtis Boyd
A physician and defendant in the case involving Southwestern Women's Options.
Carmen Landau
A physician and defendant who passed away in 2022.
Southwestern Women's Options
The clinic in New Mexico where the procedure in question occurred.
The details
The lawsuit alleged that the clinic engaged in unfair trade practices regarding the disposal of remains and liability releases. Although the plaintiff signed a request to have the remains released to Riverside Funeral Home, the remains were instead placed in a medical waste container and destroyed. The case named doctors Emily Cohen, Curtis Boyd, and Carmen Landau as defendants.
Timeline
December 8, 2020: The abortion procedure occurred.
2022: Defendant Carmen Landau passed away.
October 6, 2026: The settlement details were published.
The Home Front
This settlement marks a notable outcome within New Mexico reproductive health litigation. It underscores the importance of stringent informed consent protocols and the proper management of fetal remains by healthcare providers.
Families navigating medical procedures should always review and retain copies of any informed consent documentation provided by a clinic. If questions arise regarding the handling of medical remains, ensure you receive written confirmation of your requests from the facility.
The takeaway
This case emphasizes the necessity for clear communication and legal compliance between patients and medical clinics. Ensure that any documents you sign regarding medical care or the handling of remains are thoroughly reviewed and secured in your personal records.
Further reading
For broader information, visit the Pregnancy section.
