United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
For the Fifth Circuit November 15, 2005
Charles R. Fulbruge III
Clerk
No. 04-31229
ALEX BERTRAND, Individually and as Administrator of the estate of
his minor child on behalf of Aimee Bertrand; JEANNINE BERTRAND,
Individually and as Administrator of the estate of her minor child
on behalf of Aimee Bertrand estate of her minor child on behalf of
Aimee Bertrand
Plaintiffs - Appellants
VERSUS
A B I ADMINISTRATIVE SERVICES CORP, doing business as Corporate
Benefit Services of America, Inc.; COASTAL FABRICATION LLC; COASTAL
FABRICATION LLC EMPLOYEE BENEFIT PLAN
Defendants - Appellees
Appeal from the United States District Court
For the Western District of Louisiana, Lafayette
6:03-CV-2044
Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
After reviewing the record in this case and considering the
briefs of the parties and arguments of counsel we are satisfied
that the district court correctly concluded that plaintiffs’ entire
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
claim is preempted under ERISA. See Aetna v. Davila, 542 U.S.
200(2004).
On the merits we conclude that the district court correctly
dismissed the ERISA claim because Medicaid paid for the surgery and
related medical care which was the subject of Bertrand’s ERISA
benefits claim. Bertrand’s right to seek recovery of ERISA
benefits for cost of medical care incurred after the judgment
entered by the district court which may not be paid by Medicaid is
preserved.
AFFIRMED.
2