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A Texas man has filed a groundbreaking federal illegal death lawsuit against a California abortion provider, claiming that doctors “kill” the fetus by mailing abortion drugs to state boundaries.
This case, Rodriguez v. Coetto, tests the first of its kind to test whether pro-life litigators can avoid the Blue State Abortion Shield Act using federal law and Texas civil law a century ago.
The lawsuit, filed July 20th in the Southern District of Texas, blames Dr. Remy Coeito for alleging that it was used to end two pregnancies by supporting illegal self-control abortions in 2024 and by mailing abortion-inducing drugs to Galveston County, Texas.
Plaintiff Jerry Rodriguez says that his girlfriend’s estranged husband purchases pills from Koitaux through the Benmo deal and pressures her to take them, and Rodriguez says he is him.
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Ultrasound images from January 18, 2025 are said to show the fetus of Jerry Rodriguez. It was submitted as exhibit 2 of Rodriguez v. Coetto in the Southern Region of Texas. (Images filed in US District Court for the Southern District of Texas)
At the heart of the lawsuit is allegedly a $150 Venmo payment for a “Remy Coeytaux MD PC” labeled “AED Axes,” followed by the name of his girlfriend. In the lawsuit, Rodriguez interprets “AED AXES” as voice spelling for “AID Access,” a network that helps women acquire abortion medications.
Rodriguez claimed that the first abortion occurred at her girlfriend’s mother’s home in September 2024, with the second at her estranged husband’s home. The January ultrasound image attached as Attachment 2 is provided as evidence of a second pregnancy. According to the complaints, the baby was a boy.
Rodriguez is seeking more than $75,000 in damages, a nationally-class certification of “father of the baby” and a permanent injunction with the exception of Koitau to mail abortion drugs in violation of state law.
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Mifeprex and Misoprostol are two drugs used for medication abortion. (Robinbeck/AFP via Getty Images)
The legal foundation of complaints is attracting attention. The lawsuit revives the long-term Comstock Act, the federal anti-obesity law of 1873, which prohibits the mailing of abortion-related materials. Although it hasn’t been strengthened for over a century, the Comstock Act remains in the book.
Jonathan Mitchell, the lawyer behind Texas’ Heartbeat Act (SB8), represents Rodriguez in the case. He alleges that Dr. Remy Coetau violated the Federal Conference Act, which is 18 USC § 1461 and 1462.
The lawsuit also alleges that Koeito committed a felony murder under §19.02 of the Texas Criminal Code by intentionally supporting an illegal abortion. It cites multiple violations of Texas law. This includes laws requiring that physicians in the state to administer abortion medications only in licensed abortion facilities after informed consent and forced ultrasound. Coeytaux, which is not licensed in Texas, is said to have not met any of these requirements.
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People for Abortion Demonstrate in the U.S. Supreme Court in Washington, DC (Washington Post via Allison Robert/Getty Images)
This case is already considered a strategic test of the Abortion Shield Act in Blue State. States such as California, New York and Washington have passed measures to protect abortion providers from legal risk when treating out-of-state patients.
However, Rodriguez’s legal team avoided these obstacles by filing a civil unfair death case directly in federal court. Some jurists say they can provide new routes for anti-abortion plaintiffs to reach providers beyond their state boundaries.
As of Friday, court records show that Coeytaux had not filed a response to the complaint or issued a public statement about the case.
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Pro-aboration groups are expected to challenge both the interpretation of the Comstock Act and the status of civilian citizens that bring about illegal death claims related to out-of-state telehealth prescriptions.
If the case survives early procedural hurdles, it is possible that a pro-life litigator targeting the abortion drug supply chain will provide a new template three years after DOBBS is decided by the Supreme Court.
Coeytaux did not immediately respond to Fox News Digital’s request for comment.
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