MATHIS v. LEAVITT

No. 08-1983.

554 F.3d 731 (2009)

Dolores MATHIS; Dawn Michelle Phillips; Patricia Ann Zollars; Kimberly Maria Webb; Christopher Mathis; Timothy Cooper Mathis; Jennifer Nicole Parrish, Appellants, v. Michael O. LEAVITT, Secretary, Department of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 30, 2009.


Attorney(s) appearing for the Case

Jay D. Seaton, Lewis, Rice & Fingersh, L.C., Kansas City, MO, argued (Robert W. Tormohlen, on the brief), for appellants.

Jeffrey P. Ray, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.

Before LOKEN, Chief Judge, BEAM and ARNOLD, Circuit Judges.


ARNOLD, Circuit Judge.

Appellants filed an action in Missouri state court against those whom they believed were responsible for fatal injuries to their decedent, David Mathis, seeking all forms of relief available under the state's wrongful death statute. See Mo.Rev.Stat. § 537.080. When the parties to the action agreed to settle it, Medicare, which had paid $77,403.67 of Mr. Mathis's final medical expenses, refused...

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