GG Posted March 24, 2008 Share Posted March 24, 2008 That's not actually what I said...but you're right. As it is, the family got such a poor settlement that their award doesn't even cover their liabilities. Would it have been hard to do just a little bit of due diligence to see if her health insurance had any sort of claim? Pick up the phone, call someone at Wal-Mart HQ, and say "We're going after the trucking company for this...anything we should know?" The real problem with the case is that the trucking company was only covered for $1 million in liabilities, and the family netted only about $600K after fees & expenses. But, it's much easier to blame WalMart, who had nothing to do with the accident, nor the injury lawsuit. Link to comment Share on other sites More sharing options...
Chef Jim Posted March 24, 2008 Share Posted March 24, 2008 The real problem with the case is that the trucking company was only covered for $1 million in liabilities, and the family netted only about $600K after fees & expenses. But, it's much easier to blame WalMart, who had nothing to do with the accident, nor the injury lawsuit. How the hell can a trucking company be allowed to operate with only $1mill in liability coverage? Link to comment Share on other sites More sharing options...
DC Tom Posted March 24, 2008 Share Posted March 24, 2008 Well the fact that you called them idiots.......... Doesn't mean they're to blame, it means they're idiots. Hell, George W. is an idiot; I don't blame him for nearly as much sh-- as I probably should... Link to comment Share on other sites More sharing options...
BillsFanNC Posted March 24, 2008 Share Posted March 24, 2008 I'm going through this right now due to injuries I sustained in an auto accident about a year and a half ago. I still haven't settled but I know I will need to pay back at least a portion of my medical bills to my insurer out of the settlement. The main issue here is Wal -Mart not following what I have learned is fairly standard practice in these types of cases. That is that your attorney will often negotiate so that only a portion of the medical bills need to be repaid. Her attorney speaks to this point towards the end of the article, but apparently Wal Mart won't budge. But in August 2005, Wal-Mart re-emerged with a lawsuit against the Shanks demanding repayment for $469,216 in medical costs out of their settlement. It charged that the Shanks had violated the terms of the health plan by not reimbursing it. The company also demanded payment of legal fees and interest for the cost of suing the Shanks for the money. Mr. Graham, the Shanks' attorney, says he approached Wal-Mart's attorneys about negotiating a compromise, but was told the health plan wanted to proceed with the lawsuit. "We're not contending that Wal-Mart isn't entitled to a payment. We're saying they're entitled to one based on equity," he says. Since Mrs. Shank wasn't fully compensated for her damages in the first place, he argues, Wal-Mart should also expect only partial reimbursement. I know Wal Mart is well within their rights to do this, but I really feel for this woman and her family. Link to comment Share on other sites More sharing options...
blzrul Posted March 24, 2008 Author Share Posted March 24, 2008 Of course, you could just as easily flip it upside-down and say "What !@#$ing unconscionable pieces of sh-- that family must be. They knew under the terms of the healthcare contract they'd have to reimburse Wal-Mart, and they're trying to keep the money. That's breach of contract and theft. They also didn't identify all the interested parties before they brought the suit on, which makes them and - especially - their attorneys idiots. I'm no fan of Wal-Mart (hate 'em, in fact. Try to avoid setting foot in them whenever possible. "Slap a Wal-Mart Greeter" is my motto.) But there's two sides to every story.. It doesn't seem like they tried to rip WalMart off. She probably didn't know the clause was there...and obviously, more to the point, she had to have healthcare insurance, so she sucked it up and signed. This is an uncommon case, not a situation where someone is trying to victimize "poor unfortunate WalMart". Link to comment Share on other sites More sharing options...
ieatcrayonz Posted March 24, 2008 Share Posted March 24, 2008 I hate wal-mart. I boycotted them for like 2-3 years. then i realized that i was only hurting my own pocket book.. because no one else was boycotting them. I also think Sonic is another example of whats wrong with this country. I have to disagree with you about Sonic. Look, fat loads annoy me too but Sonic is not the only place feeding these whales. You've got McDonald's, Burger King, Wendy's, Ben, Krispy Kreme, Jerry, and lots of others. Sonic is hardly the #1 reason. Anyway, when I see a lard butt walking or scootering down the street, I have to assume they are mostly to blame for their own predicament. I don't mean everyone, just most. They may be scootering to Sonic, but there are skinny people walking in the door too. It's called discipline. I know as a woman you may have a different perspective and I can respect that but don't blame Sonic, just lay off the Cinna snacks. Link to comment Share on other sites More sharing options...
Wacka Posted March 24, 2008 Share Posted March 24, 2008 blzrul doesn't go to Walmart- she sends her cleaning lady. Link to comment Share on other sites More sharing options...
drnykterstein Posted March 24, 2008 Share Posted March 24, 2008 Crayonz, If my penis had a brain, it would be offended you called it a vagina. Naw really, it's the drive through also. Like rows and rows of them. In the cold and rain a 16 yr old mexican teenager bring a bag of something that resembles food outside to an SUV of obese whales with knee problems who are busy watching DVD's in their dashboard. Don't you love America? Link to comment Share on other sites More sharing options...
ieatcrayonz Posted March 24, 2008 Share Posted March 24, 2008 Crayonz, If my penis had a brain, it would be offended you called it a vagina. Naw really, it's the drive through also. Like rows and rows of them. In the cold and rain a 16 yr old mexican teenager bring a bag of something that resembles food outside to an SUV of obese whales with knee problems who are busy watching DVD's in their dashboard. Don't you love America? You're a dude? In your post you referred to your pocket book. Are you Tom Brady? Link to comment Share on other sites More sharing options...
John Adams Posted March 24, 2008 Share Posted March 24, 2008 I hate wal-mart. I boycotted them for like 2-3 years. then i realized that i was only hurting my own pocket book.. because no one else was boycotting them. Way to stick to your principles. Link to comment Share on other sites More sharing options...
Just Jack Posted March 24, 2008 Share Posted March 24, 2008 The only people to blame in this are her lawyers. They flat out blew it. Their lawyer should have tried for alot more. There's no way even the amount she did get would have lasted the rest of her life with the care she needs. And the other article... The Bracys said Wal-Mart's gun department could have checked Wal-Mart's own security files or the pharmacy department's prescription records before selling her the weapon. Ever hear of HIPAA? Link to comment Share on other sites More sharing options...
Booster4324 Posted March 24, 2008 Share Posted March 24, 2008 Yes, PMS and bipolar disorder are neurochemically similar...but oh, man is someone in trouble for that statement. This explains so much, in more than one way... Link to comment Share on other sites More sharing options...
blzrul Posted March 25, 2008 Author Share Posted March 25, 2008 blzrul doesn't go to Walmart- she sends her cleaning lady. It was my mother's cleaning lady, dumbass. There is NO-ONE who cleans up to my standards. So I do it myself. Always have and always will. Besides, that gives me more money to spend on football tickets and bling...and I got plenty of both. Link to comment Share on other sites More sharing options...
HereComesTheReignAgain Posted March 25, 2008 Share Posted March 25, 2008 Not sure if this will take you directly there (CNN Videos) but if not find your way there and watch the one about Wal-Mart suing this lady. Granted, they have a legal right to do so. But "right" and "what's right" are two different things. And the really frustrating thing is that these are the sort of good people who probably (until now) spent a good portion of their income at Wal-Mart. This sort of thing just tears at my heart. I guess because my brother has been through a similar hell...and you won't find a guy who works harder to take care of his family. It's for people like this that we need some sort of control on access to reasonable healthcare ... in America, people should be able to get help BEFORE they become destitute...to keep them from getting there. You anti-Walmarters are a riot. Almost any insurance policy will have clauses that require reimbursement if you recieve payment from a guilty party for the damages incurred. If you get a payment for a stolen car and then get your car back do you get to keep the insurance $ and your car? The victim sued for medical expenses that were paid by the insurance company. She should have sued for more $ if her medical needs were not being met. It is extremely unfortunate that she is now in need of services that she cannot afford, but your anger should be directed at the person or company responsible for her condition. I saw a great episode of Penn and Teller Bullsh!t on Wal-Mart haters. The series is well done and amusing. Link to comment Share on other sites More sharing options...
Chef Jim Posted March 25, 2008 Share Posted March 25, 2008 It was my mother's cleaning lady, dumbass. There is NO-ONE who cleans up to my standards. So I do it myself. Always have and always will. Besides, that gives me more money to spend on football tickets and bling...and I got plenty of both. That's how we are too. We've fired more cleaning companies over the past couple of years. It takes a couple hours out of our time but it's well worth it. Oh, and I don't buy bling with the savings. I buy $12 plates of french fries at the St Regis. Link to comment Share on other sites More sharing options...
Dante Posted March 25, 2008 Share Posted March 25, 2008 More Wal-Mart bashing. Yawn. Propaganda campaign because they are not union. bs. Go Wal-Mart Link to comment Share on other sites More sharing options...
pBills Posted March 25, 2008 Share Posted March 25, 2008 Walmart = one of America's worst companies. Yes, they make money but they are horrible on all other accounts. Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted March 25, 2008 Share Posted March 25, 2008 I believe this is the story she is referring too. Yes, it is a terribly sad story.....BUT....Wal Mart's position is far from unreasonable. As the article discusses, this is a standard clause in health care plans and in aggregate represents real money in the health care system. I'm not saying there shouldn't be some sort of accommodation beyond what someone in Mrs. Shank's situation typically receives, but there is a larger issue here than just 'Wal-Mart BAD!" Ya... True. But, if the husband had to divorce to get Mediwhatever from the feds... Isn't this an issue? Some how the gov't in the end is taking a hit? Kinda like the Tenn Wal-Mart thing where the company actually encourages workers to seek gov't assistance because they won't pay better wages? This "race to the bottom" affects us all... Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted March 25, 2008 Share Posted March 25, 2008 I hate wal-mart. I boycotted them for like 2-3 years. then i realized that i was only hurting my own pocket book.. because no one else was boycotting them. I also think Sonic is another example of whats wrong with this country. Damn! That is the last time that hedgehog gets the best of my son in a video game! Pure evil I say! Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted March 25, 2008 Share Posted March 25, 2008 How the hell can a trucking company be allowed to operate with only $1mill in liability coverage? Hey... You wanna promote the economy right? How are they gonna operate if the premiums are too high? We reap what we sow my fellow Americans! Link to comment Share on other sites More sharing options...
Recommended Posts