A novel wrongful death lawsuit was filed last month in a Texas state trial court by the ex-husband of a woman whose two friends assisted her in obtaining abortion medication. The complaint (full text) in Silva v. Noyola, (TX Dist. Ct., filed 3/10/2023), alleges in part:
Under the law of Texas, a person who assists a pregnant woman in obtaining a self-managed abortion has committed the crime of murder and can be sued for wrongful death.... In defiance of these laws, defendants Jackie Noyola and Amy Carpenter assisted Brittni Silva in murdering Ms. Silva’s unborn child with illegally obtained abortion pills. Ms. Noyola and Ms. Carpenter also instructed Ms. Silva to conceal their criminal and murderous actions from plaintiff Marcus A. Silva, the father of the child and the husband of Brittni Silva. Ms. Noyola arranged for the delivery of the illegal drugs from Aracely Garcia, which were used to murder baby Silva in July of 2022.
Marcus Silva recently learned of the defendants’ involvement in the murder of his child, and he brings suit against them for wrongful death and conspiracy....
The manufacturer of the abortion pills that Brittni used is jointly and severally liable for the wrongful death of baby Silva, and it will be added as a defendant once identified in discovery. The manufacturer of the pills caused the death of baby Silva through a “wrongful act” because it violated 18 U.S.C. §§ 1461–1462, which imposes federal criminal liability on anyone who knowingly sends abortion pills through the mail or through any express company, common carrier, or interactive computer service.
The Intercept reports on the lawsuit.
