An Albuquerque woman received a $200,000 settlement after claiming she was unable to legally consent to an abortion due to drug intoxication, raising questions about informed consent laws.
ALBUQUERQUE, N.M. —
An Albuquerque woman, Jazel Wabbington, settled a lawsuit for $200,000 after alleging she was unable to legally consent to an abortion at Southwestern Women’s Options clinic due to being under the influence of methamphetamine.
The case dates back to December 2020, when Wabbington signed consent forms at the clinic authorizing the termination of her 26-week pregnancy. Nearly three years later, she filed a 14-page lawsuit in the 2nd Judicial District Court, claiming she lacked the mental capacity to provide informed consent because she was high on methamphetamine at the time.
The suit, filed by Wabbington individually and as the personal representative of her unborn child, referred to in court documents as “Baby Wabbington,” alleged that the clinic was aware of her history of drug use. It claimed Wabbington had a prior abortion at the same clinic, during which medical personnel acknowledged her methamphetamine use. Her attorneys argued that the clinic should have known she was intoxicated and therefore unable to legally consent.
John Day, KOAT’s legal expert, explained New Mexico’s informed consent law, which requires individuals to understand what they are signing before providing authorization.
“The claim by the woman in this case was that she was a habitual drug user. The clinic was aware of that. That when she signed the documents, that she was under the influence of a substance, an illegal substance in this case. And that, therefore, she wasn’t able to form the mindset to give informed consent,” Day said.
The lawsuit also alleged that the clinic failed to deliver the remains of Baby Wabbington to a local funeral home as promised. Court documents included a form signed by Wabbington authorizing the clinic to send the remains to Riverside Funeral Home for cremation. Instead, the suit claimed the remains were disposed of.
The case, which was initially scheduled for trial in May 2027, was settled this September. Wabbington received $200,000, part of which will cover legal fees and expenses.
“Most civil cases, probably 95%, do settle before going to trial,” Day said.
Day added that while the settlement is unlikely to set new legal precedent, it could provide insight for similar future cases.
“It does raise the issue of we now have public information about how much this clinic paid, and so in the eyes of their insurance company or the clinic, that’s what this claim was worth,” Day said.
Wabbington declined to speak about the case but shared a statement through her attorney, Mike Seibel: “Addiction is a battle. I deserved compassion, not judgment, and I hope my experience helps other pregnant women receive the care they deserve.”
Target 7 reached out to the clinic and its defense attorney for comment but has not received a response.
