GALVESTON COUNTY, TX – In the first lawsuit of its kind under the states trigger laws that proclaim performing an abortion a felony, a Texas man is suing three friends of his ex-wife for $1 million for helping her to acquire abortion pills and ending her pregnancy, according to court documents.
According to a wrongful death lawsuit filed last week by Marcus Silva in the Galveston County District Court, two friends of his former wife, Brittni – defendants Jackie Noyola and Amy Carpenter – assisted her in “murdering Ms. Silva’s unborn child with illegally obtained abortion pills,” court documents say.
Silva alleges that Noyola and Carpenter and texted his ex-wife with information on how to obtain abortion pills through the mail, a service provided by an international group called Aid Access. He also claims that a third friend of his ex, Aracely Garcia, and transported the drugs to her, which she then ingested to “murder baby Silva” in July 2022.
“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.” the lawsuit says.
Texas House of Representatives member – who is also the attorney representing Silva – said that the Texas trigger law that went into effect after the U.S. Supreme Court overturned Roe v. Wade allows citizens of the state to sue those who distribute or manufacture abortion pills that are utilized by Texas residents.
“Anyone involved in distributing or manufacturing abortion pills will be sued into oblivion,” Cain said. “That includes CVS and Walgreens if their abortion pills find their way into our state.”
In addition to the three aforementioned mentioned defendants, Caie also noted that once the identity of the manufacturer of the abortion pills used by Silva’s ex is identified, they will be hit with a lawsuit as well.
Silva’s wife is not named in the lawsuit, as Texas law prevents the pregnant woman in these instances from being prosecuted; instead, the law allows only doctors and anyone who assists a pregnant woman in obtaining a self-managed abortion to be sued instead.
However, the trigger law did not go into effect until August 2022, which calls into question the legality of Silva’s case, as his wife obtained and used the abortion pills in July 2022.