Lawsuit for Wrongful Death During Abortion
Settles for $1.265 Million

Judge's gavel

The Case

Keisha Atkins (23) was 24 weeks pregnant when she tried to obtain a legal and elective third trimester abortion at the University of New Mexico (UNM) Hospital in 2017. The staff there referred her to Southwestern Women’s Options, a private abortion facility founded by Dr. Curtis Boyd, and scheduled her appointment without so much as a psychological evaluation. An induction abortion was performed, and Keisha was sent home afterward.

Two days after the procedure, Atkins knew something wasn’t right and returned to the abortion facility, which had told her to not call 911 if an issue arose or go to the emergency room, but to return to the abortion facility for help. When she arrived, she received fluids, but an ambulance was not called until 9 hours later. By the time she arrived at the hospital, she had a fever, elevated heart rate, and was in respiratory distress. She was then transferred to the operating room to complete the abortion, but by that time it was too late… and Keisha ended up passing away from cardiac arrest. The induction abortion at Southwestern Women’s Options took her life.

The Cost

By far, the biggest cost was the tragic loss of the lives of both Atkins and her preborn child. Additionally, with this case, there was a financial cost that was partially taxpayer funded. The total settlement for this case, brought on behalf of Keisha, her mother, and her sister by attorney Michael Seibel, founder of Abortion on Trial, earlier this year, was $1.265 million of which $365,000 was paid for by the hospital for negligence in referring Keisha and $900,000 was paid for by the private abortion facility.

Keisha’s abortion was billed to Medicaid by Southwestern Women’s Options citing emotional and family health and wellbeing. This was an elective procedure, and no mental health evaluation was performed; therefore, it was billed to Medicaid for unverifiable reasons. Between the abortion, hospital bills, and the fact that a state-funded University hospital paid $365,000 of this settlement, this case cost the state of New Mexico nearly $500,000 in tax-payer funds.

The Concerns

Induction abortions are considered unsafe, even by many abortionists. Even Dr. Curtis Boyd himself has stated they pose safety risks, and yet, induction abortions continue in New Mexico. In an induction abortion, women have 6 times greater risk of infection. There is also an 8-15% failure rate in which the baby is born alive, and an increased chance of spontaneous expulsion.

From a women’s safety standpoint, induction abortions should be done in a hospital where she is constantly monitored. Due to pro-abortion protections in New Mexico, we may never legislate abortionists out of their jobs, but we might be able to litigate them out of their jobs. Hitting the pocketbooks of the abortion industry can make a huge impact in this fight for life.

This backdated story recently became available due to changes in confidentiality provisions at Southwestern Women’s Options.