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No Damages for Failed Birth Control Procedure

A Maine woman sued a health center and a birth control device’s manufacturer after the device failed and she became pregnant. A Maine Supreme Judicial Court ruled last week that the woman, Kayla Doherty, could not claim damages.

According to reports, Doherty visited a health center supported by federal funds in 2012 to have a birth control device implanted into her arm. The device, manufactured by Merck, was supposed to inhibit ovulation for at least three years. After Doherty learned she was pregnant, she discovered that the device had never been implanted in her arm.

Doherty filed a lawsuit against Merck for product liability and the health center for negligence on the part of its physician. Both defendants moved to have the suit dismissed, claiming that the birth of a healthy child did not constitute injury.

According to law, a person may claim relief if the birth of a healthy child is the result of a failed sterilization procedure. Such a procedure is defined as one that alters the body for the purposes of rendering procreation impossible. The court ruled that the birth control device did not constitute a sterilization procedure and that Doherty did not, therefor, have a case.

If you have received treatment from a doctor in New York and sustained harm or injury as a result, you may have grounds for a medical malpractice case. Reach out to our team today for a free case evaluation. We will review the details of your injury and advise you of your legal options. Call today to schedule your consultation.