1st Circuit: Maine’s Wrongful Birth Statute Bars Suit Over Contraceptive Implant

Mealey's (July 9, 2018, 7:34 AM EDT) -- BOSTON — A First Circuit U.S. Court of Appeals panel on June 18 upheld a ruling dismissing a woman’s lawsuit against Merck & Co. Inc., the state of Maine and the federal government over the failure of an implantable contraceptive to prevent pregnancy, finding that Maine’s Wrongful Birth Statute is constitutional and that it bars the woman’s claims because she gave birth to a healthy baby boy in June 2014 (Kayla Doherty v. Merck & Co. Inc., et al., No. 17-1997, 1st Cir., 2018 U.S. App. LEXIS 16322)....