Brain-damaged woman at center of Wal-Mart suit

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How big hearted and considerate this corporate giant is. It just makes me want to go and buy something from one of their competitors!
Eight years ago, Shank was stocking shelves for the retail giant and signed up for Wal-Mart’s health and benefits plan.
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Two years after the accident, Shank and her husband, Jim, were awarded about $1 million in a lawsuit against the trucking company involved in the crash. After legal fees were paid, $417,000 was placed in a trust to pay for Debbie Shank’s long-term care.
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Wal-Mart had paid out about $470,000 for Shank’s medical expenses, but in 2005, Wal-Mart’s health plan sued the Shanks for the same amount.
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The Shanks didn’t notice in the fine print of Wal-Mart’s health plan policy that the company has the right to recoup medical expenses if an employee collects damages in a lawsuit.
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Full story.
 
What is sad is the fact he had to divorce her so she could get money for care :eek: .
I mean talk about such a tragic situation! Sadly I imagine there are similar situations across the country. I think Walmart in good faith should host some fundraiser event for them so they can get the money they lost back and stay within their “guidelines.”
 
I can’t remember a single group health policy I ever had that didn’t contain a subrogation clause. If you’re going to bash Wal-Mart, at least find something they’re doing different from most companies to bash them for.
 
The Shanks didn’t notice in the fine print of Wal-Mart’s health plan policy that the company has the right to recoup medical expenses if an employee collects damages in a lawsuit.
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Whose fault is it that they didn’t notice? Wal-Mart’s? The insurance company? In fact, why is your anger directed at WM instead of the insurers?

Darn, I hate when people make me defend heartless Fortune 500 companies!
 
Wal-Mart seems to be the favorite whipping boy while everybody is ignoring the fact the the poor struggling attorney got only $583,000 out of the $1,000,000 settlement. Something is definitely wrong with the fairness of these numbers and something is also wrong with those who conveniently overlook them just so they have another excuse to bash Wal-Mart.
 
I agree there is nothing unique here, every time I have treatments I have to sign the:

“Was this a result of an auto accident?”
“Did this occur on the job?”
“Was any other party involved?”

This was the same. How about some praise for Wal-Mart’s insurance for laying out $470k for an auto accident when they were not the auto insurance. The error was neglect in actual medical expenses the attorney should have known he was suing auto insurance for bills not paid by them, as well as future costs. It appears they lawyers agreed to allow Wal-Mart to eat these bills regardless of if that was right, now Wal-Mart wants the responsible party to pay
 
I hate to tell you this, but double-dipping is not legal. A person cannot legally collect from an insurance company, and then sue someone else for the same cause and collect. If they do and win, they must repay the insurance company.
 
Well, she should have thought about that before went out and got herself brain damaged. Americans are such babies.

removes tongue from cheek

(Please employ your sarcast-o-meter before responding to my post)
 
geezerbob said:
I can’t remember a single group health policy I ever had that didn’t contain a subrogation clause. If you’re going to bash Wal-Mart, at least find something they’re doing different from most companies to bash them for.
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Me too… In fact this came up when we sued for my ex’s accident during a college class… The medical bills were over $70,000 and we were awarded $7500 for pain and suffering… when they made their offer we made them put a clause in it that should our insurance want reimbursement… they were responsible and that this was just for personal pain and suffering. Hello… this is standard.
 
LCMS_No_More said:
Well, she should have thought about that before went out and got herself brain damaged. Americans are such babies.

removes tongue from cheek

(Please employ your sarcast-o-meter before responding to my post)
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How much money did you give her?
 
LCMS_No_More said:
Well, she should have thought about that before went out and got herself brain damaged. Americans are such babies.

removes tongue from cheek

(Please employ your sarcast-o-meter before responding to my post)
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Sarcast-o-generator is running…
Walmart should be responsible, cause it is the kind and compassionate thing for them to do.
 
I’ll ask again, if the attorney kicked in maybe half of his seemingly outrageous fee, wouldn’t that solve the problem? Look at the money, people, look at the money.
 
geezerbob said:
I’ll ask again, if the attorney kicked in maybe half of his seemingly outrageous fee, wouldn’t that solve the problem? Look at the money, people, look at the money.
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Yes, these people seem to have been taken to the cleaners by everyone.

Your earlier comments about subrogation are correct. It is common and often reasonable.

Their attorneys should have known about the subrogation and taken that into account when trying to reach a settlement.

I am unhappy with Wal-Mart NOT because their insurance carrier is seeking compensation, but that Wal-Mart is adding to the misery of their former employee by not providing any type of compassionate relief.
 
Geezerbob is just too obsessed with towing the Republican party line to ever imply guilt on any large company. Everyone knows what is good for the free market is ultimately good for everyone, and anyone who disagrees is a stinking pinko.

The funny thing is, left wing “heresy” is condemned (i.e., “Our God who is in heaven”) but right wing is just glossed over. It’s okay to have right wing opinions that conflict with Church teachings, but left wing ones make you a “dissenter”.
 
mschrank said:
Geezerbob is just too obsessed with towing the Republican party line to ever imply guilt on any large company. Everyone knows what is good for the free market is ultimately good for everyone, and anyone who disagrees is a stinking pinko.

The funny thing is, left wing “heresy” is condemned (i.e., “Our God who is in heaven”) but right wing is just glossed over. It’s okay to have right wing opinions that conflict with Church teachings, but left wing ones make you a “dissenter”.
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Can we please avoid the personal attacks. I happen to like both of you. Please, please, please let’s not say these types of things. They accomplish little except to be a stumbling block for others.
 
mschrank said:
Geezerbob is just too obsessed with towing the Republican party line to ever imply guilt on any large company. Everyone knows what is good for the free market is ultimately good for everyone, and anyone who disagrees is a stinking pinko.

The funny thing is, left wing “heresy” is condemned (i.e., “Our God who is in heaven”) but right wing is just glossed over. It’s okay to have right wing opinions that conflict with Church teachings, but left wing ones make you a “dissenter”.
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Enough with the personal attacks!

As has been pointed out what happened here is the way the law works. No crimes have been committed.
 
LOL, is the “law” all you think about?

What about morality?

Being gay is legal too, but you guys would get pretty angry if a gay couple started necking in the parking lot outside Church.
 
Law is what governs, eh. Sick. If this is Catholicism, I hope Jesus comes back soon, we’re screwed.

Actually, yes, I have. Can’t say how much, because that’s personal.

How about you?
 
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