Spain

OVERVIEW

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. They contend the district court erred by deciding that a state common law wrongful death *131 action is preempted by the Employee Retirement Income Security Act (“ERISA”) § 514(a), 29 U.S.C. § 1144 (a). We do not agree and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

This suit is brought by Janelle and Margaret Spain (the “Spains”), Steven Spam’s wife and daughter, respectively. Steven Spain was a plan participant and beneficiary in a self-funded employee benefit plan within the meaning of ERISA. See 29 U.S.C. § 1002 (1) (1988). His plan was administered by Aetna.

Steven Spain was diagnosed as having testicular cancer. His doctors decided that an autologous bone marrow transplant (“ABMT”) was necessary to attempt to save his life. Aetna pre-approved the first two parts of this three-part procedure. Initially, Aetna also authorized the last part of the procedure. However, Aetna later withdrew its authorization on the grounds that Steven Spain’s diagnosed…