United States First Circuit

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Doherty v. Merck, 17-1997

Plaintiffs filed suit under the Federal Tort Claims Act and for product liability when the Merck manufacture implantable contraceptive device failed to prevent her pregnancy. Defendants moved to dismiss the action based on the Maine Wrongful Birth statute that would prevent her recovery of damages. Plaintiff amended her complaint to allege the Maine statute was unconstitutional. The district court dismissed the complaint. The appellate court determined that the Maine statute was not unconstitutional under the open courts clause of the Maine constitution or the US Constitution.

Appellate Information

  • Decided
  • Published 2018/06/18


  • Kayatta


  • United States First Circuit


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