Wabbington v. Boyd, $200,000 Wrongful Death Settlement Paid to Baby Wabbington’s Estate in New Mexico

The estate of a 26-week-old unborn child has received a $200,000 wrongful death settlement in Wabbington v. Boyd, a New Mexico lawsuit against Dr. Curtis Boyd and other abortion providers. The case was filed in the Second Judicial District Court in Bernalillo County under Case No. D-202-CV-2023-09292 and was settled and dismissed with prejudice on September 14, 2026.

The plaintiff’s attorneys, Mike Seibel and Justin Hall, describe it as the first payout of its kind to the estate of an unborn child treated as a “person” under a state wrongful death law. That “first” claim comes from the attorneys and has not been independently verified.

Can other people claim money? No. This is an individual lawsuit, not a class action. There is no claim form, no deadline and no settlement website.

Quick Facts: Wabbington v. Boyd Settlement in New Mexico

Detail	Information
Settlement amount	$200,000 (as reported)
Plaintiff	Jazel Wabbington, individually and as personal representative of Baby Wabbington’s estate
Defendants	Curtis Boyd, MD; Curtis Boyd M.D.P.C.; Emily Cohen, MD; Estate of Carmen Landau
Court	New Mexico Second Judicial District Court, Bernalillo County
Case number	D-202-CV-2023-09292
Case type (per court calendar)	Tort Malpractice, Product Liability
Status	Settled and dismissed with prejudice
Dismissal date	September 14, 2026
Public claim form or deadline	None

What Did Jazel Wabbington Allege Against Curtis Boyd and Emily Cohen?

The lawsuit concerned an abortion performed in New Mexico in 2020, when the pregnancy was about 26 weeks. The complaint alleged the following:

• The mother was under the influence of methamphetamine when she consented.
• The providers knew or should have known about her drug use and did not properly assess whether she could give informed consent.
• The providers did not discuss alternatives, such as continuing the pregnancy with substance-use treatment and support.
• The child’s remains were placed in medical waste after the mother asked for release to a funeral home.

These are allegations from the complaint. The settlement is not a trial verdict or a finding that the defendants did any of this.

How Did New Mexico’s Wrongful Death Act Apply to Baby Wabbington’s Estate?

A central issue was whether the child could be treated as a “person” under New Mexico’s Wrongful Death Act. The complaint described the child as a “26-week-old viable fetus.” An order appointing a personal representative reportedly relied on the New Mexico Supreme Court’s decision in Salazar v. St. Vincent Hospital.

Under New Mexico law, only a personal representative may bring a wrongful death action. The proceeds go to the statutory beneficiaries, not into the general estate (NMSA 1978, § 41-2-3).

Attorney Seibel has said abortion remains legal in New Mexico despite the settlement. A private settlement does not change state abortion law or set binding precedent.

Who Received the $200,000 Wabbington Settlement?

The settlement resolved the claim brought for Baby Wabbington’s estate. Seibel has said he received the $200,000 check for that claim. Reporting indicates the mother also sued in her own right. The public materials reviewed do not show how that claim was resolved or how the $200,000 was divided among fees, expenses and beneficiaries, so this article does not estimate a net amount.

Can Other New Mexico Families File a Claim for the Wabbington Settlement?

No. The settlement is not a class action and creates no fund. Anyone with a separate malpractice or wrongful death claim would need their own lawsuit, subject to New Mexico’s deadlines.

Be cautious of any website or message offering a “claim” for this money. The court records reviewed show no public claims process.

Did the Defendants Admit Liability in Wabbington v. Boyd?

The reviewed records do not show an admission of liability. The case was resolved by negotiated settlement, and no judge or jury made findings against Curtis Boyd, Emily Cohen or the estate of Carmen Landau.

What Does “Dismissed With Prejudice” Mean in Wabbington v. Boyd?

Dismissal with prejudice means the resolved claims generally cannot be filed again in the same form. Here, it followed the settlement.

Key Dates in the Wabbington v. Boyd Lawsuit

Event	Date
Procedure at issue	2020
Lawsuit filed	2023 (case number D-202-CV-2023-09292)
Settlement and dismissal with prejudice	September 14, 2026
Public claim deadline	None

Frequently Asked Questions About the Wabbington v. Boyd Settlement

Is the Wabbington settlement a class action?

No. It is a private lawsuit with identified parties.

Does the Wabbington settlement mean New Mexico banned abortion?

No. One civil settlement does not change New Mexico’s abortion laws.

Did a court rule the defendants were negligent?

No. The reviewed records show a negotiated settlement, not a verdict.

Is the $200,000 taxable?

Compensation for physical injury or death is generally excluded from federal income tax under 26 U.S.C. § 104(a)(2), but tax treatment varies. The recipients should confirm with a tax professional.

Related Articles on AllAboutLawyer

• What Is a Wrongful Death Lawsuit? Everything Families Need to Know
• Jaahnavi Kandula Lawsuit Settled For $29 Million—Seattle Pays Family After Police Officer Killed Indian Student At 74 MPH 2026

Sources and Court Records

1. New Mexico Second Judicial District Court, Case No. D-202-CV-2023-09292, Jazel Wabbington v. Curtis Boyd, MD, et al. (civil calendar lists case number, parties and case type). Case information is available through the New Mexico Judiciary Case Lookup system.
2. Settlement amount and September 14, 2026 dismissal: reported from court documents obtained through a New Mexico Inspection of Public Records Act request. The settlement document itself has not been independently verified online.
3. New Mexico Wrongful Death Act, NMSA 1978, § 41-2-3.
4. Reporting (attorney statements; outlets are advocacy-oriented, so treat as corroboration only): LifeNews, “Aborted Baby Wins Settlement in Wrongful Death Lawsuit Against Abortionist,” September 24, 2026: https://www.lifenews.com/2026/09/24/aborted-baby-wins-wrongful-death-lawsuit-against-abortionist/

About the Author

Israr Ahmad is a legal content researcher covering U.S. lawsuits, settlements and court records, explaining developments in plain English from court filings.

Disclaimer: This article is for information only and is not legal advice. Rights and remedies depend on specific facts and applicable law.