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DOHERTY v. MERCK & CO., INC.

Docket: Fed-16-14.

154 A.3d 1202 (2017)

2017 ME 19

Kayla DOHERTY v. MERCK & CO., INC., et al.

Supreme Judicial Court of Maine.

Decided: January 26, 2017.

Attorney(s) appearing for the Case

Laura H. White, Esq. (orally), Bergen & Parkinson, LLC, Kennebunk, for appellant Kayla Doherty

Paul McDonald, Esq. , (orally), and Daniel J. Mitchell , Bernstein Shur, Portland, and Thomas J. Yoo, Esq. , Reed Smith LLP, Los Angeles, California, for appellee Merck & Co., Inc.

Thomas E. Delahanty II , United States Attorney, and Andrew K. Lizotte , Asst. U.S. Atty. (orally), Office of the United States Attorney, Portland, for appellee United States of America

Janet T. Mills , Attorney General, and Susan P. Herman , Asst. Atty. Gen. (orally), Office of the Attorney General, Augusta, for appellee State of Maine

Concurrence: SAUFLEY, C.J., and ALEXANDER and GORMAN, JJ.

[¶ 1] After Kayla Doherty gave birth to a healthy son in June 2014, she filed a complaint against Merck & Co., Inc., and the United States in the United States District Court for the District of Maine, alleging that in February 2012, at a community health center for which the United States was responsible, a physician negligently...

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