Doherty v. Merck & Co., Inc., No. 17-1997 (1st Cir. 2018)Annotate this Case
Plaintiff was not entitled to relief on her constitutional challenges to Maine’s Wrongful Birth Statute.
After she gave birth to a healthy child, Plaintiff brought this lawsuit against Merck & Co., Inc., claiming that a contraceptive implant manufactured by Merck and/or its applicator were defective. Plaintiff also sued the federal government under the Federal Tort Claims Act, alleging that a doctor at a federally-funded community health center unsuccessfully implanted the Merck product. Defendants moved to dismiss the complaint in reliance on Maine’s Wrongful Birth Statute. The district court dismissed Plaintiff’s case, rejecting her constitutional challenges to the Wrongful Birth Statute. The First Circuit affirmed, holding that Plaintiff’s challenges to the constitutionality of the Wrongful Birth Statute under the Maine and United States Constitutions failed.