DOHERTY v. MERCK & CO., INC.

No. 17-1997.

892 F.3d 493 (2018)

Kayla DOHERTY, Plaintiff, Appellant, v. MERCK & CO., INC.; The United States of America, Defendants, Appellees, Attorney General for the State of Maine, Intervenor, Appellee.

United States Court of Appeals, First Circuit.

June 18, 2018.


Attorney(s) appearing for the Case

Laura H. White , with whom Bergen & Parkinson, LLC was on brief, for appellant.

Steven J. Boranian , San Francisco, CA, with whom Thomas J. Yoo , Los Angeles, CA, Reed Smith LLP, Paul McDonald , Daniel J. Mitchell , and Bernstein Shur , Portland, ME, were on brief, for appellee Merck & Co., Inc.

Susan P. Herman , Deputy Attorney General, with whom Janet T. Mills , Attorney General, and Christopher C. Taub , Assistant Attorney General, Senior Litigation Counsel, were on brief, for intervenor appellee Attorney General for the State of Maine.

Andrew K. Lizotte , Assistant United States Attorney, with whom Richard W. Murphy , Acting United States Attorney, and John G. Osborn , Civil Chief, were on brief, for appellee United States of America.

Before Torruella, Kayatta, and Barron, Circuit Judges.


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...

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