Binder v. aetna life insurance brief1/14/2024 However, Aetna later withdrew its authorization on the grounds that Steven Spain's diagnosed condition did not make him eligible for this procedure. Initially, Aetna also authorized the last part of the procedure. Aetna pre-approved the first two parts of this three-part procedure. His doctors decided that an autologous bone marrow transplant ("ABMT") was necessary to attempt to save his life. Steven Spain was diagnosed as having testicular cancer. Steven Spain was a plan participant and beneficiary in a self-funded employee benefit plan within the meaning of ERISA. This suit is brought by Janelle and Margaret Spain (the "Spains"), Steven Spain's wife and daughter, respectively. They contend the district court erred by deciding that a state common law wrongful death action is preempted by the Employee Retirement Income Security Act ("ERISA") ยง 514(a), 29 U.S.C. A mother and daughter appeal the district court's dismissal of their wrongful death suit against Aetna Life Insurance Company ("Aetna"), the administrator of their husband's/father's employee benefit plan.
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