The issue before the court was the interplay between the MSP and the FWDA. The individual property rights of the survivors and the estate in the settlement were critical to the analysis.
The FWDA provides that a personal representative of an estate brings a consolidated wrongful death action.
The court acknowledged that under the FWDA, the claim of the estate is separate from the claims of the survivors.
The Bradley decision concerned the interplay between the MSP and the FWDA. However, the logic and thrust of the Bradley decision would be applicable to any state wrongful death action where the claims of the survivors and the claims of the estate are consolidated into one action, and state law determines that these claims are independent.