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WILLETT v. BAXTER INTERN., INC.

No. 90-3418.

929 F.2d 1094 (1991)

Gene Earl WILLETT, And All Patients Who Have Received Implants of the Edwards Duromedics Aortic Bileaflet Valve, Model, 3160, Plaintiffs-Appellants, Mrs. Albert Spriggins, Intervenor-Appellant, v. BAXTER INTERNATIONAL, INC., and Edwards Duromedics, a/k/a Edwards Division of Baxter International, Inc., and Baxter Healthcare Corp., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 1, 1991.

Attorney(s) appearing for the Case

James E. Uschold, David Oestreicher, II, Oestricher, Whalen & Hackett, New Orleans, La., for plaintiffs-appellants.

Donna Guinn Klein, Stephanie M. Lawrence, McGlinchey, Stafford, Cellini & Lang, New Orleans, La., Lee David Thames, J. Carter Thompson, Jr., Jackson, Miss., for Baxter Intern.

William F. Bologna, Habans, Bologna & Carriere, New Orleans, La., for Edwards Duromedics.

Before WISDOM, KING, and JOLLY, Circuit Judges.

WISDOM, Circuit Judge:

The plaintiff, Gene Earl Willett, sued the defendants, Baxter Healthcare Corporation ("Baxter") and Carbomedics, Inc., seeking to recover for his fear that his allegedly defective heart valve, manufactured by the defendants, would fail.1 Mrs. Albert Spriggins, and her husband, intervened in the action, seeking the same recovery. Upon the motion of the defendants, the district court granted summary judgment in favor...

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