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Wal-Mart sues disabled woman - 3/26/2008 7:54:17 PM   
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quote:


JACKSON, Missouri (CNN) -- Debbie Shank breaks down in tears every time she's told that her 18-year-old son, Jeremy, was killed in Iraq.



The 52-year-old mother of three attended her son's funeral, but she continues to ask how he's doing. When her family reminds her that he's dead, she weeps as if hearing the news for the first time.



Shank suffered severe brain damage after a traffic accident nearly eight years ago that robbed her of much of her short-term memory and left her in a wheelchair and living in a nursing home.



It was the beginning of a series of battles -- both personal and legal -- that loomed for Shank and her family. One of their biggest was with Wal-Mart's health plan.


http://www.cnn.com/2008/US/03/25/walmart.insurance.battle/index.html

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RE: Wal-Mart sues disabled woman - 3/26/2008 8:00:20 PM   
philosophy


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Status: offline 		...seems like one of those situations where the letter of the law does not equal justice.

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RE: Wal-Mart sues disabled woman - 3/26/2008 8:01:03 PM   
Moloch


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Status: offline 		She signed  a contract that clearly violated it, so its prefectly legetimate.

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RE: Wal-Mart sues disabled woman - 3/26/2008 8:02:51 PM   
cyberdude611


Posts: 2596
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Status: offline 		This is a strange loophole in the law.

Several years ago a friend of my mother is a nurse at a hospital. She quickly developed an allergy to the latex gloves. It got bad enough that she eventually had a severe reaction and could not breath since the windpipe was swollen up. She lived, but the medical bills were extremely high and she claimed disability as she couldnt return to her job until she found something that wouldnt interfere with the allergy. Her insurance plan paid for everything so that wasnt a problem. But she also filed a lawsuit against the glove manufacturer and won. That hospital's insurance then sued her for some of that money.

So this is common.

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RE: Wal-Mart sues disabled woman - 3/26/2008 8:06:50 PM   
MissHarlet


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A classic example of what is legal and what is RIGHT is not always the same.... how sad ......and it could happen to anyone

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RE: Wal-Mart sues disabled woman - 3/26/2008 8:08:47 PM   
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Status: offline 		IMO, they should have left her alone.
 
It's not like she scammed them, and it's not like they need the money. As for setting a bad precedent, well, can you really see very many cases like this occuring?

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RE: Wal-Mart sues disabled woman - 3/26/2008 8:11:49 PM   
pissdoll


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Status: offline 		i agree that it's lousy for the family.

however, the settlement paid out was designed to pay medical bills. in the eyes of the law, the family is "double-dipping," having the employer and insurance company pay while also keeping the money that was assessed to pay those same bills.

While i hate Walmart for so many reasons, technically they are correct. And they aren't the only company pursuing the return of settlement money in these cases. It is becoming quite common.

< Message edited by pissdoll -- 3/26/2008 8:12:26 PM >

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RE: Wal-Mart sues disabled woman - 3/26/2008 9:43:08 PM   
lighthearted


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quote:

ORIGINAL: pissdoll

And they aren't the only company pursuing the return of settlement money in these cases. It is becoming quite common.


if you have a car accident in CA, you will be expected to reimburse your health insurance if they pay for treatment and you also recieve compensation for those same bills from an auto insurance carrier (even if it's not your auto insurance carrier.) 

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RE: Wal-Mart sues disabled woman - 3/26/2008 10:29:40 PM   
popeye1250


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Status: offline 		I'm proud to say that I haven't been into a Walmart in almost 6 years now.


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RE: Wal-Mart sues disabled woman - 3/27/2008 2:28:32 AM   
RazorJAK


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From: Manistee
Status: offline 		It's truly scary when you and I agree on things,  Popeye.

With the more than 11 BILLION dollar profit they declared last year,  Wal*Mart could have EASILY chalked this up to 470K of public relations.  Hell,  the beancounters could have found some way to write it off as a business expense.




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RE: Wal-Mart sues disabled woman - 3/27/2008 3:11:57 AM   
camille65


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Status: offline 		I've a huge amount of sympathy for her, that is a bad place for anyone to be. I don't agree with a lawsuit though because it was written out.  Then I bounce back to the timeline, it seems messed up to activate that clause after a three year period. Insurance papers can be a landmine and I wonder why, during that time no one in the family went over the 'fine print' to make sure everything was in order and she was protected. As so many say 'ignorance is no excuse' especially when it is actually written out. So I'm torn between sympathy for her and a bit of irritation that they turned a blind eye to the possibility of Walmart doing this especially since it was in the insurance contract....

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RE: Wal-Mart sues disabled woman - 3/27/2008 3:29:02 AM   
Leatherist


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Status: offline 		I'd be sueing someone who double dipped me too. After all,there are others out there who also need the money-and it's harder to pay them if someone else in the system is taking what rightfully belongs to them.

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RE: Wal-Mart sues disabled woman - 3/27/2008 4:14:33 AM   
camille65


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Status: offline 		I wonder.. if this had been a small company would we be hearing about it? Or do we only hear about this because it is Big Bad Walmart? It is tragic but if they backtrack on their set procedure it opens the door for any company to be sued over the same thing. Sure Walmart can afford to let this go on a financial aspect but 'should' they have to let it go? What happens when a similar thing happens but the employer is a small company and the precedent has been set that they can be sued over a contract signed and agreed upon by the employee?

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RE: Wal-Mart sues disabled woman - 3/27/2008 4:19:01 AM   
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quote:

ORIGINAL: camille65

I wonder.. if this had been a small company would we be hearing about it? Or do we only hear about this because it is Big Bad Walmart? It is tragic but if they backtrack on their set procedure it opens the door for any company to be sued over the same thing. Sure Walmart can afford to let this go on a financial aspect but 'should' they have to let it go? What happens when a similar thing happens but the employer is a small company and the precedent has been set that they can be sued over a contract signed and agreed upon by the employee?


Morning, camille. I think we would hear about it, if it were a mom and pop outfit, but not as loudly, maybe. And I agree, if someone signs a contract, then so be it, but Wal Mart could have shown some consideration here.

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Fake the heat and scratch the itch
Skinned up knees and salty lips
Let go it's harder holding on
One more trip and I'll be gone

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RE: Wal-Mart sues disabled woman - 3/27/2008 4:23:56 AM   
sirsholly


Posts: 42360
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Status: offline 		i HATE to say this, but Walmart had the right to sue her from a legal standpoint. But on a humane level it is just so wrong. But that surprises..who?

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RE: Wal-Mart sues disabled woman - 3/27/2008 4:26:06 AM   
camille65


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Status: offline 		GM back atchya Level. I really do agree that from an emotional viewpoint it is awful.

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RE: Wal-Mart sues disabled woman - 3/27/2008 4:35:16 AM   
MontrealPhoenix


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Status: offline 		Shamefull, just shameful! And that "Gee we'd love to let her keep the money but our hands are tied, it wouldn't be fair to the other employees" stance is disgusting. They know damn well they could make an exception and their other employees wouldn't be up in arms about it.
 
Phoenix

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RE: Wal-Mart sues disabled woman - 3/27/2008 4:57:06 AM   
KatyLied


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From: Pennsylvania
Status: offline 		WalMart is not a nice place.  But who's responsibility is it to compensate her for a car accident?  It doesn't seem to me that her employer should bear this responsbility.  Shouldn't it be her auto insurance or the other driver's?  Did her personal injury attorneys not read the fine print on her WalMart health insurance coverage?

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RE: Wal-Mart sues disabled woman - 3/27/2008 5:25:20 AM   
Kirren


Posts: 580
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Status: offline 		South park did a spoof on Wal Mart...and I have to say that I agree. They seem to think that they can do so much for people, yet consistantly they have taken away from the little guy. They got rid of the lay away program, which helped hundreds of thousands of people provide christmas for their kids, they replaced that with a 4$ prescription program because they got so much flack over it...they put about 90 lil old women out of work locally because they did away with the fabrics and craft department to make a bigger toy and electronics department.

And now this.

I dont care what they are legally entitled to. I dont care what they say....Im stunned by the fact that they are doing this. I think Im gonna jump on Popeye's bandwagon and just not go there any more. Even tho they are slowly shutting down every small grocer and business in my area one by one, but I would rather help the underdog than the fucking viscious attack dog that wal mart has become.

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RE: Wal-Mart sues disabled woman - 3/27/2008 5:43:43 AM   
KatyLied


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quote:

I dont care what they are legally entitled to.


Would you be okay with paying out a settlement for something that had nothing to do with you?  In a case where you bore no responsbility?  I don't care if it's me or WalMart, if they aren't responsible they shouldn't have to pay, regardless of how people feel about the way they run their business.


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