Justia Health Law Opinion Summaries

Articles Posted in Maine Supreme Judicial Court
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After Plaintiff gave birth to a son, she filed a complaint against Merck & Co., Inc. and the United States, alleging that a community health center physician negligently failed to insert into her arm an implant manufactured by Merck that was designed to prevent pregnancy as a result of Merck’s defective applicator. The federal court certified questions of state law to the Maine Supreme Judicial Court. The Court answered (1) the protection of Maine’s Wrongful Birth statute extends to Merck as a drug manufacturer and distributor; and (2) pursuant to the Wrongful Birth statute, Plaintiff may not recover any damages on her claims against either defendant because of the nature of the procedure she underwent. View "Doherty v. Merck & Co., Inc." on Justia Law

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Steven L., who suffered from a severe and persistent mental illness, was twice involuntarily admitted to a progressive treatment program for a period of one year. In 2015, a psychiatric hospital operated by the Department of Health and Human Services applied to the district court for a twelve-month extension of the progressive treatment program order. The district court granted the motion and ordered the extension. The superior court affirmed. Steven then appealed to the Supreme Judicial Court. The Court affirmed, holding that the trial record supported the court’s findings by clear and convincing evidence. View "In re Steven L." on Justia Law

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In 2004, Jason Begin was committed to the custody of the Commissioner of the Department of Health and Human Services based upon a finding that he was not criminally responsible for certain crimes by reason of insanity. In 2015, Begin filed a petition requesting a hearing on his fitness for release and return to permanent residency in the community. The superior court denied Begin’s request for release. The Supreme Judicial Court affirmed, holding that the trial court was not compelled to find in Begin’s favor on his petition for release. View "State v. Begin" on Justia Law

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Petitioner was charged with terrorizing and criminal restraint with a dangerous weapon. Petitioner was found not criminally responsible by reason of mental disease or defect and committed to the custody of the Commissioner of the Department of Health and Human Services. A decade later, Petitioner filed a petition for discharge from custody. The superior court denied the petition for discharge after a hearing, finding that Petitioner remained afflicted with a mental disease or defect that rendered her dangerous to herself, to others, and to property. The Supreme Judicial Court affirmed, holding that the superior court did not err by denying Petitioner’s petition for discharge because the evidence did not compel a finding that Petitioner may be discharged without likelihood that she will cause injury to herself or others due to a mental disease or defect. View "Beal v. State" on Justia Law

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The probate court issued an adjudication of incapacity and appointed the Department of Health and Human Services as the public guardian of Harold Sanders, finding that Sanders was incapacitated, that no suitable private guardian was available, and that the appointment of a public guardian was necessary or desirable. Sanders appealed, arguing that the probate court did not have jurisdiction to appoint a guardian for him because his situation did not comport with any basis for jurisdiction in the adult guardianship statute. The Supreme Judicial Court agreed and vacated the judgment of the probate court, holding that Me. Rev. Stat. tit. 18-A, 5-523(b)(3) did not vest the court with jurisdiction to appoint a nontemporary guardian for Sanders. View "In re Guardianship of Harold Sanders" on Justia Law