Legal Opinion
Shirley Karp, Individually, Etc. v. Denton A. Cooley and Domingo S. Liotta
Court of Appeals for the Fifth Circuit
Decided June 11, 1974No. 73-2146PublishedCited by 51 opinions
1Opinion of the Court
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 prosthesis 1 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 death. Grounded on diversity jurisdiction, and thus Texas substantive law, novel questions concerning experimentation, as well as issues of informed consent, fraud, and negligence are presented. After nine days of…
2Cases cited44 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Salen v. United States Lines Co.Supreme Court of the United States · 1962
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body CorporateCourt of Appeals for the D.C. Circuit · 1972
- Cobbs v. GrantCalifornia Supreme Court · 1972
39 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Ruth Panter v. Marshall Field & Co., Richard Weiss v. Marshall Field & Co.Court of Appeals for the Seventh Circuit · 1981
- Sard v. HardyCourt of Appeals of Maryland · 1977
- Poulin v. ZartmanAlaska Supreme Court · 1975
- Russell T. Fitzgerald v. Preston C. Manning, Jr., M. D.Court of Appeals for the Fourth Circuit · 1982
- Kaufman v. EdelsteinCourt of Appeals for the Second Circuit · 1976
46 more not listed; retrieve them via the Exa API.