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DOHERTY v. MERCK & CO., INC.

Civil No. 1:15-cv-129-DBH.

KAYLA DOHERTY, Plaintiff, v. MERCK & CO., INC. and UNITED STATES OF AMERICA, Defendants. AND ATTORNEY GENERAL FOR THE STATE OF MAINE, Intervenor Defendant.

United States District Court, D. Maine.

August 24, 2017.

Editors Note
Applicable Law: 28 U.S.C. § 1346
Cause: 28 U.S.C. § 1346 Tort Claim
Nature of Suit: 362 Personal Inj. Med. Malpractice
Source: PACER

Attorney(s) appearing for the Case

KAYLA DOHERTY, Plaintiff, represented by LAURA H. WHITE , BERGEN & PARKINSON LLC.

KAYLA DOHERTY, Plaintiff, represented by WILLIAM J. GALLITTO, III , BERGEN & PARKINSON LLC.

MERCK & CO INC, Defendant, represented by LYNN A. COMBS , REED SMITH LLP, pro hac vice, THOMAS J. YOO , REED SMITH, pro hac vice, DANIEL J. MITCHELL , BERNSTEIN SHUR SAWYER & NELSON & PAUL MCDONALD , BERNSTEIN SHUR SAWYER & NELSON.

UNITED STATES OF AMERICA, Defendant, represented by ANDREW K. LIZOTTE , U.S. ATTORNEY'S OFFICE.

OFFICE OF THE ATTORNEY GENERAL, MAINE, Intervenor Defendant, represented by SUSAN P. HERMAN , ASSISTANT ATTORNEY GENERAL.

DECISION AND ORDER ON MOTIONS TO DISMISS

In this lawsuit involving Maine's Wrongful Birth Statute, the next step is to determine the statute's constitutionality. Kayla Doherty blames her doctor and a drug manufacturing company for a failed contraceptive implant that led to her unplanned pregnancy and delivery...

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