New Mexico Estate Received $200,000 Fetal Death Settlement
The settlement follows a lawsuit alleging a woman could not provide legal informed consent for an abortion.
Updated on Oct. 6, 2026 in Pregnancy
The estate of a fetus has received a $200,000 settlement in a wrongful death lawsuit filed against New Mexico abortion providers. The legal action centered on a 2020 procedure performed when the patient was 26 weeks pregnant.
Why it matters
The lawsuit challenged the clinic's practices regarding informed consent and the handling of fetal remains. It alleged that the patient was under the influence of methamphetamine at the time of the procedure, rendering her unable to provide legal consent.
The settlement of $200,000 was awarded to the estate of a 26-week-old fetus. The procedure in question took place at the Southwestern Women's Options clinic.
The players
Jazel Wabbington
She was the patient who underwent the abortion procedure while 26 weeks pregnant.
Southwestern Women's Options
This is the clinic where the medical procedure took place.
Emily Cohen
She is one of the doctors named as a defendant in the wrongful death lawsuit.
Curtis Boyd
He is a doctor who was named as a defendant in the litigation.
Carmen Landau
She was a doctor and defendant in the case who passed away in 2022.
The details
The lawsuit alleged that the clinic engaged in unfair trade practices concerning the disposal of fetal remains and liability releases. Although the plaintiff signed a document requesting the release of remains to Riverside Funeral Home, the remains were instead destroyed in a medical waste container.
Timeline
The abortion procedure occurred on December 8, 2020.
Defendant Carmen Landau died in 2022.
The settlement was reported on October 6, 2026.
Culture Shift
This case illustrates the intersection of evolving state laws regarding fetal rights and medical liability in the post-Roe landscape. It highlights a shift where legal strategies are increasingly focusing on informed consent protocols and the handling of fetal remains.
Residents in New Mexico may see increased attention toward clinic intake procedures and informed consent documentation requirements. This settlement reinforces the importance of medical providers verifying patient capacity before performing elective or surgical procedures.
The takeaway
Patients should be aware of the importance of full disclosure and sobriety when signing medical consent forms. Ensuring that legal documents accurately reflect personal wishes regarding the handling of remains is a critical aspect of patient advocacy.
Further reading
For more information on legal and health frameworks, visit Pregnancy.
Source note: This article includes information reported by The Post Millennial.
