A Texas man initiated a wrongful death lawsuit against three women who allegedly assisted his ex-wife in accessing abortion pills, utilizing a state trigger law that makes it a felony to perform an abortion.
A filing for the lawsuit came from Plaintiff Marcus Silva in the Galveston County District Court last week, charging that defendants Jackie Noyola and Amy Carpenter, who are friends of his former wife, took part in “murdering Ms. Silva’s unborn child with illegally obtained abortion pills.” The pair were accused of providing Ms. Silva with information surrounding how she can receive abortion pills via the use of an international group and a postal service called Aid Access.
ABC News reported this case marks the first one of its kind.
A Texas man is suing friends of his ex-wife for wrongful death after they allegedly aided an abortion his ex-wife had following the couple’s divorce. @IkeEjiochi has more on the unprecedented lawsuit. https://t.co/fqcFDIpJfn pic.twitter.com/8wm8X6XXDI
— World News Tonight (@ABCWorldNews) March 12, 2023
Also stated in the lawsuit is that a third woman named Aracely Garcia transported the pills to “murder baby Silva” in July 2022, about a month after the overturning of Roe v. Wade.
Mr. Silva’s attorney, Briscoe Cain, said that Texas law allows for lawsuits against people who create or distribute abortion pills used by Texans.
“Anyone involved in distributing or manufacturing abortion pills will be sued into oblivion,” stated Cain. “That includes CVS and Walgreens if their abortion pills find their way into our state.”
Silvia did not go after his former wife with the suit, with Axios citing that Texas law exempts the pregnant person from prosecution.
“Marcus Silva recently learned of the defendant’s involvement in the murder of his child, and he brings suit against them for wrongful death and conspiracy.” reads the lawsuit.
Court records reportedly covered by The Texas Tribune revealed that Silva’s wife filed for divorce in May 2022, with the separation concluding in Feb. 2023.
At the time, text messages in the lawsuit showed that she was concerned the former husband would “use it against me.”
“I know either way he will use it against me,” the pregnant woman said, according to text messages attached to the complaint. “If I told him before, which I’m not, he would use it as a way to try to stay with me. And after the fact, I know he will try to act like he has some right to the decision.”