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COX v. SHALALA

No. 95-2915.

112 F.3d 151 (1997)

Margie O. COX, Individually and as Administratrix of the Estate of Jack Cox; Jacqueline Diane Cox Flowers, Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee, and North Carolina Baptist Hospital, Incorporated; Wake Forest University Physicians; Blue Cross and Blue Shield of North Carolina, Inc., a Federal Medicare Intermediary; Connecticut General Life Insurance Company, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 22, 1997.

Attorney(s) appearing for the Case

ARGUED: Timothy D. Welborn, North Wilkesboro, North Carolina, for Appellants. Matthew Miles Collette, Appellate Staff, Civil Division, United States Department Of Justice, Washington, DC, for Appellee. ON BRIEF: Franklin D. Smith, Law Offices Of Franklin Smith, Elkin, NC, for Appellant. Frank W. Hunger, Assistant Attorney General, Walter Clinton Holton, Jr., United States Attorney, Barbara C. Biddle, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellee.

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.

Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Judge WILKINS and Judge NIEMEYER joined.

OPINION

HAMILTON, Circuit Judge:

North Carolina's Wrongful Death Act (NC Wrongful Death Act) places a $1,500 limitation on a health care provider's right to recover a decedent's medical expenses. See N.C.Gen.Stat. § 28A-18-2(a) (1981). The central question presented in this appeal is whether this provision of North Carolina...

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