Jazel Wabbington has settled her lawsuit against Southwestern Women's Options for $200,000. Her case, which alleged she could not legally consent to ending her 26-week pregnancy during a December 2020 clinic visit because she was intoxicated on methamphetamine, had been set for trial in May 2027. The parties reached the settlement last month.
KOAT reported that Wabbington signed consent forms at the clinic in December 2020. In a 14-page lawsuit filed in 2023 in the 2nd Judicial District Court, she alleged that methamphetamine intoxication left her unable to give informed consent and that the clinic should have recognized she was intoxicated.
The complaint also alleged that the clinic knew of Wabbington's history of drug use. It said she had previously had an abortion at the same clinic, where medical personnel acknowledged her methamphetamine use, according to KOAT.
A separate allegation about the remains
Wabbington's lawsuit said she authorized the clinic to send the remains to Riverside Funeral Home for cremation. It alleged the clinic did not deliver them there as promised and instead disposed of them.
KOAT reporter Jason McNabb reported that the clinic and its defense attorney did not respond to the station's request for comment.
The case ends without a trial
KOAT quoted legal expert John Day, who estimated that about 95% of civil cases settle before trial. He said the settlement is unlikely to establish legal precedent, though it may offer insight for similar cases.
Court records reviewed by Trellis list the case in Bernalillo County, with Judge Erin B. O'Connell presiding. The defendants included Curtis Boyd and Emily Cohen; Michael J. Seibel and Justin K. Hall represented Wabbington.
New Mexico abortion care in 2023
According to the New Mexico Department of Health’s 2023 annual report, 2,859 abortions were reported in the state that year, 28.6% fewer than in 2022. For cross-border context, Source New Mexico reported that the Guttmacher Institute estimated 14,200 patients traveled from Texas to New Mexico for abortion care in 2023.
Wabbington declined to speak directly about the case. In a statement provided through her attorney, she said she deserved compassion rather than judgment and hoped her experience would help other pregnant women receive better care. Mike Seibel is identified as her attorney in the matter. Part of the $200,000 settlement is expected to cover legal fees and expenses.
