Howard v. Arrow International, No. 08-30279 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 1, 2008 No. 08-30279 Summary Calendar Charles R. Fulbruge III Clerk TRACY LYNN HOWARD Plaintiff - Appellant v. ARROW INTERNATIONAL INC Defendant - Appellee Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:04-CV-2327 Before REAVLEY, WIENER, and PRADO, Circuit Judges. PER CURIAM:* The judgment of the district court is affirmed for the following reasons: 1. This court relies upon the recitation in the record that no defendant remains in the case other than Arrow International to conclude that we have jurisdiction of the appeal from a final judgment dismissing the claims against Arrow. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 08-30279 Summary Calendar 2. Testimony that a product could have been defective will not support a finding that it was defective. 3. Appellant states the appeal by saying that the fact that the catheter broke with Doctor Myers statement (which was that the break was likely caused by excessive force in its removal, although a defect was a possibility), raises an issue of material fact. A possibility that a defect existed, that could possibly have caused the product to break, presents no factual issue for appellant s claim. AFFIRMED. 2

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