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BLANSETT v. CONTINENTAL AIRLINES, INC.

No. 03-40545.

379 F.3d 177 (2004)

Michael Shawn BLANSETT; Modesta N. Blansett, and as Next Friend of McKenna Blansett, as Next Friend of Blake Blansett, Individually, and Minors, Plaintiffs-Appellees-Cross-Appellants, v. CONTINENTAL AIRLINES, INC., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

July 21, 2004.

Attorney(s) appearing for the Case

Roger Dale Townsend (argued), Alexander, Dubose, Jones & Townsend, Kenneth T. Fibich, Fibich, Hampton, Leebron & Garth, Jennifer R. Tillison, Houston, TX, A. Craig Eiland, Galveston, TX, for Plaintiffs-Appellees-Cross-Appellants.

William Joseph Boyce (argued), Steven L. Roberts, Rachel Giesber Clingman, Fulbright & Jaworski, Houston, TX, for Continental Airlines, Inc.

James W. Erwin, Thompson Coburn, St. Louis, MO, for Air Transport Ass'n of America, Inc., Amicus Curiae.

Andrew J. Harakas, Condon & Forsyth, New York City, for International Air Transport Ass'n, Amicus Curiae.

Before SMITH and DENNIS, Circuit Judges, and LYNN, District Judge.

JERRY E. SMITH, Circuit Judge:

I.

On June 18, 2001 plaintiff Michael "Shawn" Blansett traveled from Houston, Texas, to London, England on a flight operated by Continental Airlines, Inc. ("Continental"). During flight, he suffered an episode of deep vein thrombosis ("DVT"), resulting in a cerebral stroke that left him permanently debilitated. DVT involves the clotting of blood in the extremities and creates a threat of death or disability if a clot migrates...

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