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Old 03-26-2008, 10:16 PM   #11 (permalink)
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Originally Posted by The_Heretic View Post
Not simply wrong. It's evil, heartless, vile, soulless... it's inhumanly underhanded.
It is corporations. and they run the show folks because we fucking let them.
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Old 03-27-2008, 04:45 AM   #12 (permalink)
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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.


You will have to look under quite a few rocks to find anyone who would defend Walmart's position here.


That said....

They are within their legal right to recoup the money. She probably wouldn't have gotten immediate care without their coverage. As well, I believe the nursing home will get all or most of their assets, in exchange for long term care. So, either way she gets the care, and they don't see any money....

Doesn't mean Walmart should be going after it, though.

I see they had to divorce to attempt to protect themselves financially.

I have a suggestion....


I blame the lawyer for not picking up on the clause in the contract. They received one million dollars...of which, the lawer got 1/3.


I think he's got plenty of wiggle room here, especially since he should have gotten a larger settlement for them, given that Walmart was privy to half a mill.




Tragic.....it happens every day.
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Old 03-28-2008, 12:57 AM   #13 (permalink)
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What do you want to bet that the person(people) that made this decision lose their job....and that the woman actually ends up with more than what she was sued for? At least...that's what the end result would be if I ran the show...

Last edited by DanS.; 03-28-2008 at 01:01 AM.
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Old 03-28-2008, 03:28 AM   #14 (permalink)
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What do you want to bet that the person(people) that made this decision lose their job....and that the woman actually ends up with more than what she was sued for? At least...that's what the end result would be if I ran the show...
I would take that bet. Walmart will depend on the insectile attention span of the american public, and ride this out, until it's forgotten. Like they have a hundred times in the past.

And it will work, because for most people the need to buy the cheapest available goods trumps their sense of outrage.
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Old 03-28-2008, 06:21 AM   #15 (permalink)
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Originally Posted by DRS112 View Post
What do you want to bet that the person(people) that made this decision lose their job....and that the woman actually ends up with more than what she was sued for? At least...that's what the end result would be if I ran the show...
Yeah, but that's only because you're a human being. I'll believe that of the Wal-Mart boardroom denziens when [if] I see it.
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Old 03-28-2008, 02:03 PM   #16 (permalink)
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Quote:
Originally Posted by DRS112 View Post
What do you want to bet that the person(people) that made this decision lose their job....and that the woman actually ends up with more than what she was sued for? At least...that's what the end result would be if I ran the show...
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Yeah, but that's only because you're a human being. I'll believe that of the Wal-Mart boardroom denziens when [if] I see it.
As Babylondon said below, WalMart will ride this one out for a lousy $470,000. This is why corpoartions are evil. This is why i hate them so much. walmart is not singular here in their desire to maximize profits at any cost. This is what corps are designed for and people who are heartless and cruel use them everyday under the "it's just business" mantra. well fuck that and fuck them!
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Old 03-28-2008, 02:43 PM   #17 (permalink)
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I'll admit, I'm not one of those Wal Mart haters, but this sucks big time. And even though this particular case is about Wal Mart, this is not just a Wal Mart issue. No employee, of ANY company, should be expected to read the fine print of any insurance enrollment form whenever its open enrollment time. In fact, simply because of the shear lunacy of these periods, it should be mandated that these types of clauses be brought to the employees attention during employment or during the open enrollment period. This is another one of those "just because you don't have to doesn't mean you shouldn't" scenarios.

But evidently this is more common than we probably think and we should all look at our own coverage.

In another article about Mrs. Shank (Employers grab accident victims' cash - MSN Money)

Quote:
Until recently, many employers didn't vigilantly enforce the provision, and some states and federal courts didn't think the claim held water. But as the cost of covering workers continues to escalate, employers and health plans are getting more aggressive about going after the money. A U.S. Supreme Court ruling last year also has given them a clearer legal map to suing employees and winning.

In insurance circles, the recovery practice is called "subrogation." Employers and insurers say it's necessary to ensure that medical expenses aren't paid twice. By recovering those costs from someone who's been compensated elsewhere, they argue, they're saving money for everyone on the plan.
This article continues and gives example of other companies and insurance companies that routinely recover monies in this manner.

Someone said they should blame the lawyer because he got 1/3 of the fees. Well, the only thing he should be blamed for was not suing for more money so that both Wal Mart and the insured would be taken care of. I'm not sure, but I think lawyers are duty and legally bound to ensure that they take care of their customer. In this case he failed because he didn't read the fine print and as such, they should go after the lawyer.
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Old 03-28-2008, 04:02 PM   #18 (permalink)
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Someone said they should blame the lawyer because he got 1/3 of the fees. Well, the only thing he should be blamed for was not suing for more money so that both Wal Mart and the insured would be taken care of. I'm not sure, but I think lawyers are duty and legally bound to ensure that they take care of their customer. In this case he failed because he didn't read the fine print and as such, they should go after the lawyer.


Exactly...if this practice is common, then he should have been aware. Part of that settlement was for pain and suffering. I'm sure he can afford a good part of his $300,000+ payout for his time spent on the case.


Again...in these instances, usually the patient uses up all of the insurance coverage, and ultimately becomes the state's obligation. At such time, the state will take all of your assets, in return for long term care. I imagine that's why they had to get divorced...a common practice.


Either way, they were ultimately going to be virtually penniless. They should have gotten a much larger settlement.
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