Hofler v. Aetna US Healthcare of California, Inc.

Louis Hofler died of esophageal cancer that metastasized to his brain. At the time of his death, he was a 75 year-old retired bus driver, insured by Aetna’s Medicare health care maintenance organization (“HMO”) plan. Appellee Lucy Di*766ane Hofler is his widow. She sued his health care provider, Aetna, and his doctors 1 in state court alleging that the defendants “withheld and denied Mr. Hofler medically necessary diagnostic exams, treatments, and referrals because these services undercut the defendants’ profit margins.” Aetna removed the case to federal court, claiming that Ms. Hofler’s state…