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KARP v. COOLEY

No. 73-2146.

493 F.2d 408 (1974)

Shirley KARP, Individually, etc., et al., Plaintiffs-Appellants, v. Denton A. COOLEY and Domingo S. Liotta, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 11, 1974.

Attorney(s) appearing for the Case

John H. Holloway, Houston, Tex., for plaintiffs-appellants.

Thomas B. Weatherly, Paul E. Stallings, Houston, Tex., for Denton A. Cooley.

A. J. Watkins, Houston, Tex., for Domingo S. Liotta.

Before BELL, THORNBERRY and DYER, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 11, 1974.

BELL, Circuit Judge:

Medical history was made in 1969 when Dr. Denton A. Cooley, a thoracic surgeon, implanted the first totally mechanical heart in 47-year-old Haskell Karp. This threshold orthotopic cardiac prosthesis1 also spawned this medical malpractice suit by Mr. Karp's wife, individually and as executrix of Mr. Karp's estate, and his children, for the patient's wrongful...

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