Dolores Mathis v. Michael O. Leavitt

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 to acknowledge that it did not have a right to reimbursement from appellants.

Appellants then amended their petition to add a declaratory judgment claim against Medicare’s…