Wal-Mart sues disabled woman to get back health benefit money paid out.

[Obamarama]

This is absolutely DISGUSTING. I have set foot inside a Wal-Mart but twice in my life, but I will NEVER, NEVER, NEVER set foot near one EVER after this. This is sick,sick, sick.

Wal-Mart worker gets hit by a semi, has traumatic brain injury. Wal-Mart paid health claims. Woman got a settlement from trucker's insurance company. Wal-Mart is suing to get its money back paid for woman's health insurance claim. The woman is living in a nursing home. Her husband has prostate cancer. Her son was killed in Iraq.

$90 billion and profits and they need $470,000 more from this poor woman?

FUCKING DISGRACEFUL!

http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7106460&ch=4226713&src=news

[KamaAina]

1. Worse still, the woman is living in a nursing home

people with traumatic brain injuries don't belong in nursing homes. Community-based care is cheaper than institutions, where the tab can run upwards of 100 grand a year. Plus, it's simply the right thing to do.

The National Council on Independent Living recently had a vigorous discussion on whether to continue accepting sponsorship money from Wal-Mart, because of just these kinds of issues. One wonders what will happen once they hear about this...

[Lorien]

2. Yeah, this story made it to DU a few months back

and amazingly there were DUers who felt that what Wa-Mart did was perfectly OK, moral, etc. Unreal.

[sandnsea]

5. Because that's the system

If you get in an auto accident, your auto insurance pays. Assuming the accident wasn't your fault, your insurance company goes after either the individual who caused the accident, or their insurance company. Nobody ever stops to think how this looks when applied to the traumas of people's lives.

[northzax]

11. what else should they do?

they paid for something that was subsequently covered in a lawsuit and awarded. Her lawyers didn't check off with WalMart before settling, they would have told them to make sure that the suit didn't cover the things WalMart had already paid for (this is fairly common, by the way) she sued for things she had no right to sue for, because she wasn't out of pocket for them. her lawyer screwed up.

usually, medical expenses are paid quickly, because they are critical (you can wait a week for your new car, but not for your emergency surgery) your insurance company won't wait to pay the emergency expenses until the case is settled, right?

an example: you are out driving your new car, and I hit you, my fault, but I don't have insurance. you have 'uninsured motorist' coverage, so AllState buys you a new car, right? and then they sue me for the cost of the car, if they want to. You can't claim money from AllState for the value of your car AND sue me for that car, you didn't pay for it, AllState did. if I offer to pay you for the value of the car, you can't take it, you have to tell me to pay AllState, since they already paid you.

another, non-insurance example. you buy your kid a car. I wreck it. so you buy your kid another car for his birthday. I want to pay for the damage, who do I pay? you or your kid?

[Wednesdays]

20. Well, see post #10 below.

Do you think that's a rational explanation?

[anonymeme]

25. Does Anybody Here Remember How Good WalMart Was to the People of LA After Katrina?!

WalMart beat many much more wealthy corporations to the spot with the first $1,000,000 to help the people in Louisiana, and gave more than any other corporation in the long run, too.

Walmart sure as Hell beat G.W. Bush there with the aid.

And even though WalMart Stores in Louisiana were the most looted stores there, the continued the aid and offered any and all of the displaced survivors of the hurricane jobs in the WalMart stores wherever they settled after displacement.

Walmart does much in the way of humanitarian and community service.

And look, Walmart may be missing a little bit of good PR by not doing something here, possibly, but they risk losing more in the future, because they cannot do something that might start a trend that would break them -- that would be suicide of the golden goose, you know?

[PatSeg]

3. Just when I thought I couldn't hate Wal-Mart more

They continue to exceed my expectations.

[sasquatch]

4. That families life is in the absolute shitter

Their ancestors probably left their homelands because of the shit they're going through right now.

[sandnsea]

7. Mine left France, Germany and Switzerland to come here

I've been thinking or the irony of that lately... WTF!!!

[sallyseven]

6. The Wal-Mart family has more money than god.

It should be driven into bankruptcy and closed down.

[AndyA]

8. I DO NOT SHOP AT W*L-MART!

I never have, and I never will.

That chain is a shining example of everything bad about America. They are horrible to their employees, and this is just one more example of why.

Employees pay into health care. Some need it, and some don't. The ones who don't should be thankful they don't need it.

No Wal-Mart. No Murphy Oil. No Sam's Club for me.

[Earth Bound Misfit]

9. In insurance circles, the recovery practice is called "subrogation."

I posted this article in the labor forum recently.
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=367x8621#8629

"I don't understand why they need to do this," says Mr. Shank on a recent visit to the nursing home, between shifts as a maintenance worker and running a tanning salon. "This girl needs the money more than they do." Mrs. Shank, who needs help with eating and other basic tasks, spends more time alone since Mr. Shank had to let her private caregiver go. At some point, he says, she may have to be moved from a private to a semi-private room in the nursing home where she lives.

The reason is a clause in Wal-Mart's health plan that Mrs. Shank didn't notice when she started stocking shelves at a nearby store eight years ago. Like most company health plans, Wal-Mart's reserves the right to recoup the medical expenses it paid for someone's treatment if the person also collects damages in an injury suit.

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 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.

Full story:http://online.wsj.com/public/article/SB119551952474798582.html?mod=blog

On Edit: THEY COULD'VE GOTTEN SOME MUCH NEEDED GOOD PR BY JUST LETTING THE SHANKS KEEP THE MONEY, BUT THE GREEDY BASTARDS CAN'T SEE THE FOREST FOR THE TREES.

[cynatnite]

33. This used to be a common practice...

My mom did it with a car accident she had several years ago. Her insurance and the other guy's insurance both paid out for medical bills. When it came time to settle, the extra she was paid was subtracted from the agreed settlement. Seems to me that would be an easy work around rather than these kinds of tactics. These companies should be doing more to protect their employees...such as informing them of the provision when they get coverage.

[anonymeme]

10. I Feel Very Sorry for This Woman, But There Are Actual Laws Against Double Dipping Insurance Claims.

Repeating: I Feel Very, Very Sorry for This Woman, But There Are Actual Laws Against Double Dipping Insurance Claims.

Those are the laws and the rules for everybody, not just this poor woman.

Nearly half a million dollars is a still lot of money, and if if Walmart was in no way responsible for the accident -- had nothing to do with it in fact -- and the trucker's insurance paid for the accident, WalMart is not obligated to pay neither legally nor ethically -- since ethics are a two way street.

Wouldn't it be wonderful if friends and co-workers could or would voluntarily find a way to raise some money for her. then maybe WalMart Corporate could be talked into matching those funds on a benevolent charitable contribution sort of thing?

I love Walmart. My insulin needles are a fraction -- less than 1/2 the next best price anywhere -- at Walmart.

Had it not been for Walmart I could not have afforded enough towels to dry my babies on when I was young, and if it were not for a helpful Walmart going to his rescue, my husband could have sat for days out in the boondocks with a flat tire.

Sorry, I can go along with the crowd on this one.

[China_cat]

15. I will get you the online address of the place we get

our syringes. They are about $1/box more than WalMart's even with the shipping. They come quickly. That used to be the only thing we bought at WalMart...until they started telling us that they would only be carrying the 29 guage long needles. Even lied to us and said that ReliOn was no longer making 30 and 31's.

[anonymeme]

22. Thank You for the Nice Offer, China_cat & Please If You Will Post the Address, Which May Help Many!

It won't change my feelings about WalMart, but it is appreciated. ~*:hug:*~

[China_cat]

24. It's on my husband's computer. He works nights

so I'll get it in the morning (well, noonish) and post it for you.

If it'll keep any amount of dollars out of the Walton hands, I'll be happy.

[China_cat]

30. Here's the address.

It's a long one.
http://www.healthwarehouse.com/index.php/vmchk/Diabetic-Syringes/831165-EasyTouch-Insulin-Syringe-31-Gauge-1cc-5/16-100-Count.html

But maybe this might start to change your mind about WalMart.

When the woman with the brain injury dies, Wal-Mart will collect another approx. $75,000. While they were ordered to stop the practice a few years ago, when this woman went to work for them the company took out a life insurance policy on her. As they did on every employee. Not to be paid to the family if she should die but to be paid to the company.

As I said, they were ordered to stop this practice, known as 'dead peasant's insurance', some years ago but they were never ordered to drop the policies already in effect, including those carried on people who no longer work for them. Once a year their office goes through the SS death index to see if any of the people insured have died during the year. They then put in a claim for the money, averaging $75,000 per person.

An example: (from http://moneycentral.msn.com/content/Insurance/P64954.asp scroll down)

Mike Rice was a 48-year-old assistant manager when he died of a massive heart attack at the Wal-Mart store in Tilton, N.H. His widow, Vicki, became the lead plaintiff in a class-action lawsuit against the company after she discovered Wal-Mart collected $300,000 from a life insurance policy it owned on him. Vicki Rice believes job-related stress contributed to the heart attack and says

Oh dear, it looks like Wal Mart has actually gotten back into court trying to revive this practice
http://news.findlaw.com/andrews/bf/dcl/20060613/20060613walmart.html

If you want more (and there's lots) just google walmart dead peasant insurance.

[PetraPooh]

18. I have never and will never shop Walmart; but you are absolutely right about double dipping

[eilen]

19. All her medical needs have not been paid

since she is obviously unable to care for herself and needs skilled nursing. She will undoubtedly be institutionalized the rest of her life.

I am glad you had a good experience with Walmart, however, you are the exception. What induced Walmart to help your husband? Did you belong to an auto club owned by Walmart? Would he have been picked up by AAA if you belonged? Or was it the truck driver that saw him? I guess you are lucky you don't work for them.

[anonymeme]

23. eileen...

eileen... Walmart is not responsible for her injuries or her truly tragic life. The thing with the insurance is a matter of law. Life hurts sometimes and hurts a lot for some people -- some much more than others -- and this is where Universal Health Care would alleviate so much suffering, you know?

What it took was a frantic call from his little tracfone to me and my frantic call to WalMart, and a young Hispanic man who worked in the automotive area, being willing to rescue my husband.

Oh, and a membership to AAA would cost me money. All that call to WalMart cost me was the under a dollar cost of a long distance call to them.

Walmart is my Savings Place and sometimes it's been my saving grace.

[taught_me_patience]

31. I completely agree with this post

many DUers automatically think Wal*Mart = evil. It is pretty obvious she's double dipping her insurance claim.

[damntexdem]

12. We should all be boycotting WalMart anyway, ...

quite apart from this atrocity.

[China_cat]

13. Actually, they're suing her for MORE than they paid out.

They're suing her for $500,000. They only paid out $470,000. Even at $470k, that $53k more than what's left of her settlement.

[lpbk2713]

14. Lily Tomlin used to have a line about the phone co that would work well with Wally World ...

"We are the phone company Wal-Mart. We don't care what you think because we don't have to."

[KamaAina]

16. Corporate Family Values

Mr. Shank says that he obtained a divorce from Mrs. Shank this year, partly because of advice from a health-care administrator that she might be more eligible for public aid as a single woman. Mrs. Shank, who has been declared incompetent by a court, hasn't been informed of the divorce by her family.

:grr:

[sakabatou]

17. WTF?!

[happygoluckytoyou]

21. NOT FAIR TO DOUBLE DIP.... EVEN THO THE STORY IS SAD

however there are MANY TOO MANY really great reasons for not shopping at walmart....

their stores are eye sores

they under pay and jack the marketplace

they run good people out of business

they suck the med care out of a community by not insuring their employees


i don't need another $30 chair built by blind children in a 3rd world country working 16 hours a day for $1

[Rosemary2205]

26. Wouldn't it be nice if the TRUCKING company was required to pay back Walmart

in addition to paying the woman's ongoing medical care costs, loss of income and attorney fees. Instead, the system is set up so that the trucking company has to pay the woman's lawyer, they take their cut first, and the rest goes to the woman -- which means Walmart's insurance arm has no choice but to sue the woman to recover cost the trucking company is liable for.

[sarcasmo]

27. Walmart are a bunch of sick fuckers.

[sarcasmo]

28. Walmart are a bunch of sick fuckers.

[Omaha Steve]

29. Walmart already won this case

It was posted over in the Labor Forum.

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=367&topic_id=8621

[Pisces]

32. Keith Olbermann just put them on worst person's in the world. I hope they get

a huge backlash!! I am disgusted.