Merck birth control device lawsuit dismissed in maine
Merck Birth Control Device Suit Dismissed in Maine
August 28, 2017
A federal judge in Maine has dismissed a woman’s suit against Merck over an allegedly faulty birth control device, on the grounds that Maine law prevents the recovery of damages that arise from the birth of a healthy child.
The judge ruled that the Maine Wrongful Birth Statute does not entitle Kayla Doherty to sue Merck over its Nexplanon implant, which Doherty claims failed to prevent her from becoming pregnant. She also filed suit against the doctor who implanted it, as well as against the United States. She had asked for compensation for costs incurred in pregnancy and in raising her child.
At issue in the suit against the U.S. were allegations of unconstitutional prohibition of Doherty’s right to a jury trial; the judge found those allegations to be without merit.
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