United States Eighth Circuit

In a declaratory action seeking to block the reimbursement of Medicare from a wrongful death settlement, summary judgment for defendant is affirmed where: 1) Missouri's wrongful death statute includes recovery for medical expenses incurred before the decedent's death; 2) the settlement resolved appellants' claim for medical expenses; and 3) Medicare had a right to reimbursement under 42 U.S.C. section 1395y.

Appellate Information

• Decided 01/30/2009
• Published 01/30/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

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


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