Doherty v. Merck & Co., Inc.
Annotate this CaseAfter Plaintiff gave birth to a son, she filed a complaint against Merck & Co., Inc. and the United States, alleging that a community health center physician negligently failed to insert into her arm an implant manufactured by Merck that was designed to prevent pregnancy as a result of Merck’s defective applicator. The federal court certified questions of state law to the Maine Supreme Judicial Court. The Court answered (1) the protection of Maine’s Wrongful Birth statute extends to Merck as a drug manufacturer and distributor; and (2) pursuant to the Wrongful Birth statute, Plaintiff may not recover any damages on her claims against either defendant because of the nature of the procedure she underwent.
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