A Texas man has filed a wrongful death lawsuit on behalf of his aborted unborn child. The lawsuit seeks over $1 million from each of the three women the man says helped his then-wife obtain abortion pills.
Peter Breen, executive vice president and head of litigation at the Thomas More Society, is representing the father, Marcus A. Silva of Galveston County, Texas.
Breen’s law firm commended Silva for stepping forward and stated that they will help any father seeking justice on behalf of his unborn child killed in an unlawful abortion.
Details of the Lawsuit
Silva’s ex-wife is not a defendant in the lawsuit. According to the lawsuit, she learned she was pregnant in July 2022, concealed it from her husband, and decided to abort the baby with illegally obtained abortion pills.
Her friends, Jackie Noyola, Amy Carpenter, and Aracely Garcia, allegedly conspired with her to obtain the abortion pills and caused the death of the unborn child through their wrongful acts.
None of the defendants are physicians or healthcare providers, and the abortion pills were not administered according to the law.
The Lawsuit Seeks Wrongful Death
The lawsuit alleges wrongful death and is more aggressive than using a 2021 Texas law that allows private citizens to sue anyone believed to be involved in helping a woman procure an illegal abortion in the state.
The legal awards under this law are only in the tens of thousands of dollars. Damages for wrongful death are much more severe. The lawsuit cites a Texas law that states a person who assists a pregnant woman in obtaining a self-managed abortion has committed murder and can be sued for wrongful death.
The manufacturer of the abortion pill used by the pregnant woman is also liable for the baby’s death and will be added as a defendant once it is identified.
Legal Opinions
While law professor Joanna Grossman called the lawsuit “absurd and inflammatory,” law professor Charles Rhodes suggested that the lawsuit could have merit under Texas law.
The lead attorney in Silva’s lawsuit is Jonathan Mitchell, former solicitor general of Texas. The lawsuit seeks an injunction barring the defendants from distributing abortion pills.
»Texas Father Sues Women Involved in Abortion of His Unborn Child«
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