Another strike against Wal-Mart! Geez this is sick

@ersmommy1 (12598)
United States
March 18, 2008 9:56am CST
Brain-damaged ex-worker must pay $470,000 to Wal-Mart.The family of a woman must reimburse Wal-Mart for nearly a half-million dollars in medical expenses now that the U.S. Supreme Court has refused to review the case.According to legal documents, woman medical bills — totaling $469,216 — were covered by a health insurance program at Wal-Mart, where she worked nights stocking shelves. http://www.stltoday.com/stltoday/news/stories.nsf/washington/story/5191624BF8CD6D67862574100013EECD?OpenDocument
6 people like this
12 responses
@emeraldisle (13145)
• United States
18 Mar 08
Well I'm probably going to get a lot of flack over my opinion here but Wal-Mart is not to blame. The family is. They should have read the policy and if they had they would have known this would happen. They should have sued the truck company for enough to not only cover what would be owed but to then cover future expenses. Reading the article this clause is fairly standard. It's states: [b]As is common for employer-sponsored health plans, Shank's insurance required full repayment of medical expenses if she received money from a lawsuit. [/b] I can see why the Supreme Court refused to see the case. And if it is that common then the families lawyer should have known and informed them of what they needed to do. What I can't figure out is why they were using her work insurance and not her car insurance to pay for the medical? That should have been used first and then the health insurance second. Also from the article it is fairly obvious that the woman is not going to suffer. She is still going to be in the nursing home she has been in. She might not have a private room or a private care giver but most people don't have those. She's still going to get good treatment especially if her family is as involved as they try to say they are by the article. Wal-Mart was just making sure to follow what had been agreed to when the woman agreed to the insurance and what the family agreed to when they used it for her care. If they hadn't wanted to repay it then they shouldn't have used it.
• United States
18 Mar 08
Thank you, thank you, thank you for actually reading the article and finding the facts hidden in sensationalism. I hate Walmart, don't get me wrong, but they are not to blame for this policy and they are not the only company that has it. This family wins a lawsuit and thinks they can avoid paying back the money? Shame on them for a.) not reading the policy and b.) for not adding those fees into their lawsuit. Quite honestly, health insurance probably wouldn't be as costly as it is if EVERY insurance company had the same policy. Odds are, they used the Walmart insurance because most car insurance companies have limitations on how much they'll pay.
2 people like this
@emeraldisle (13145)
• United States
18 Mar 08
When I saw I had a response to this comment I really figured it would be someone slamming me for what I wrote. Thank you for agreeing with me. I agree Wal-Mart company isn't what it used to be, neither is K-Mart for that matter. They are a business though and they do look out for number one. In this case though they were within their rights and I can't fault them for it. Other things I might be able to but not this one.
• United States
29 Mar 08
I know that you may not read this, but I will comment anyway. First off, This is not a slam on you at all. Secondly, most employers would not have gone after a woman who was so severl brain damaged in an accident that was clearly not her fault in the first place. The money from the lawsuit was $1 mil but after fees came to $417,000 that they put in trust for her medical expenses. Because she does not work, her husband works two jobs to pay for her medical care. Her husband has divorced her in order to keep her in the card that she has now, because when Walmart comes in there will be nothing left. nothing. Now exactly how much is the car insurane going help - plus Walmart also waited 3 years to bring this suit against the Shanks after thier lawyer told them that the trucking company settled. There are alot of facts here that still make me very upset with Walmart. There is an article in the Wall Street Journal on it.
1 person likes this
@Myrrdin (3601)
• Canada
20 Mar 08
This is sad and tragic, but as others pointed out the policy was clear that if you got a lawsuit the medical bills would have to be repaid. Shame on their lawyer for not knowing that and going after the trucking company for more. In this one instance Walmart is not in the wrong, nor do I think insurance companies are in the wrong, but her own lawyer is to blame. Any lawyer worth a grain of salt should know to check out if she'd have to pay back her medical expenses, heck the lawyer should have read the policy completely in the hopes that she would so they could sue for more. Why did her lawyer settle for so little?
1 person likes this
• United States
18 Mar 08
If any of you have company sponsored health care, you should read it to find out if your's has the same clause. Many insurance companies require repayment if you get paid a settlement because of your injuries. THIS IS NOT WALMART, PEOPLE!!!! THIS IS THE INSURANCE COMPANIES!!!!
1 person likes this
• Australia
18 Mar 08
Man, Walmart sux! I used to work there and not only do they have no respect for their employees struggles but they are insensative to their needs. I have Generalized Anxiety Disorder and Panic Disorder and when I worked there because of the crazy schedules they had me on, they would make me work until late at night and then the next day have me in there at like 7:30am, because of this I had a major week long panic episode. My sleeping habits were out of the roof and I was barely sleeping. I went to the hospital and the dr. gave me a note to be off for three weeks to rest and recuperate. He also asked that they change my schedule for about a month from 8am to about 8pm, just so I could get my sleeping habits back on track. What did my manager do? He practically accused me of faking the doctors note. I told him that he could call the dr and he refused. He treated me like crap but finally he gave in but he was not a happy camper and the minute my month was up he had me working crazy hours again. Then, a few months later, they fired me because I kept coming up short but I know something was going on in the office back there because a lot of the employees were getting fired for the same reason. Too many for it to just be a coincidence. That's not the horrible part. They made me come in and work a full shift. Laughed and joked with me when the whole time they had a paper in the office stating that I was being fired. Only when I had an about an hour to go on my shift, did they call me in and fire me. They had never given me any clue that I would be fired that day. About a week later they fired my sister. For weeks after they kept firing employees that had been loyal to them for years. Walmart pretends and puts on a show like they are so caring of their employees but they could care two poops about them. They are one of the most greedy chains on this planet and my only hope is to see them go out of buisness someday. They are lowest vile creatures and I hope this girl sues their butts for all they are worth....
1 person likes this
@suspenseful (40316)
• Canada
19 Mar 08
I do not know about Wal-Mart in the States. Here in Canada, we have government insurance,plus work covered insurance, but I do know that by what I see on American TV, that there are lawyer firms that someone can sue the company and they receive sometimes a million dollar settlement. Now had she got a settlement from an outside source, like a lawyer firm that specialized in medical injuries, once she got that money, she would have to reimburse Wal-Mart. Now these lawyers speak about one million dollar settlements for a reason. It has to be large enough to pay back the regular insurance company.
• United States
19 Mar 08
I agree with that. She shouldn't get paid twice for the same accident. Once by the insurance company and then a second time by a law suit. What was the point in suing if he bills were taken care of? Defintly not Wal-mart's fault. Also, boycotting Wal-mart is not going to do anything. All the other stores has the same things going on in them as well. Wal-mart just gets picked on or stands out because they are the biggest chain.
@kaylee29 (17)
• Canada
20 Mar 08
Wow! This is a sad story. I can't stand the greed that this corporation stands for. It's too bad they stay in business but unfortunately people will continue to shop here for the low prices. I personally haven't shopped any Walmart in over a year.
• United States
20 Mar 08
Sigh, this is one of those things that just seems totally wrong and I can't possibly do anything about it. Frustrating.
@bonbon664 (3470)
• Canada
19 Mar 08
This is not about how Walmart treats it's employees. It has nothing to do with Walmart. It's their insurance company. "Shank's insurance required full repayment of medical expenses if she received money from a lawsuit." That's what the story said.
• Kuwait
18 Mar 08
thanks goodness there is no available mart as this one in here,
@lingli_78 (12841)
• Australia
18 Mar 08
i don't know much about walmart... but when i read this post, it is really sick and i feel sad for the woman... i don't know how work insurance works as well as i never use it before... anyway, i still thing what walmart is doing to this woman is wrong... i pity her family... half a million is a very large amount... i'm glad that my company treat its employees really well and the manager really treat their co-workers very well...
@wisconsin26 (3859)
• United States
18 Mar 08
Thats sad.. I mean how is one suppose to come up with kind of money mainly working at wal-mart.. They don't pay there work enough that's for sure.. I was going to go and apply and work there but they only pay min wage... Wrong in my book.. I don't know how some people can even make a living working there... Nore I don't know how they can even work there being on there feet for so long with only a few breaks.. I know I couldn't do it.. Glad I've never gotten work there... Now after hearing that about the insurance I'm really glad I haven't...
@jayman32 (268)
• Australia
18 Mar 08
the depth of human greed has no end..