Legal Opinion
Doherty v. Merck & Co., Inc.
Court of Appeals for the First Circuit
Decided June 18, 2018No. 17-1997PPublishedCited by 14 opinions
1Opinion of the Court
KAYATTA, Circuit Judge.
Kayla Doherty became pregnant while supposedly protected by a contraceptive implant manufactured by Merck & Co., Inc. After she gave birth to a healthy child, she brought this lawsuit against Merck, claiming that the implant and/or its applicator were defective. She also sued the federal government under the Federal Tort Claims Act, claiming that her doctor at a federally-funded community health center committed malpractice in unsuccessfully implanting the Merck product. Confronted with Maine's "Wrongful Birth Statute," which bars any claim for relief in these…
2Cases cited20 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
- Christopher v. HarburySupreme Court of the United States · 2002
- Harris v. McRaeSupreme Court of the United States · 1980
- Maher v. RoeSupreme Court of the United States · 1977
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3Cited by14 opinions
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- Bunnell v. US Social Security Administration, CommissionerDistrict Court, D. New Hampshire · 2019
- Cam-Sam Real Estate Holding, LLC v. Mourer-Foster, Inc.District Court, D. New Hampshire · 2021
- Commonwealth of Massachusetts v. Grubhub Holdings Inc. and Grubhub Inc.Massachusetts Superior Court · 2023
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