What do you think about Wal Mart suing brain damaged employee?

Question

Debbie Shank, a Wal-Mart employee, was gravely injured in a 2001 car accident after colliding with a truck. The accident left Ms. Shank brain damaged and confined to a nursing home. The driver of the truck was found at-fault. Ms. Shank’s Wal-Mart health insurance paid the bills from the accident and the court judgment allows her family to continue to pay her massive medical bills. But now, Wal-Mart is suing Ms. Shank to get that judgment paid back to them, entering federal court demanding the civil suit judgment and legal fees be paid back to the company – nearly $470,000. Ms. Shank’s attorney Maurice Graham: “The cost to care for her in the future is going to be literally millions. She is confined to a nursing home, has a normal life expectancy and requires full-time care.” Wal-Mart called its action “standard procedure.
The settlement: $900,000 fter legal fees,wal marts share and expenses they are left with $119,280 to pay for her care.

The Wall Street Journal on line
http://online.wsj.com/article/SB119551952474798582.html?mod=hpp_us_pageone

It was not Wal Mart truck, she was off the job when this happened.

My source is from the Wall Street Journal, if you want to check it out, I put the web site.

I am not *completely* misrepresenting this case, I just asked a question and got the story from Wall street. I understand your answer Richard, so the insurance co. gets the money back.
So what you are saying is that you get to pay for insurance and if an accident happens, the insurance gets to recop all the money they paid out if you sue...sounds like a win, win for the insurance co. Oh plus the victim gets to pay for their attorneys.

Answer 1

As Wal - Mart gets everything from China , do you think it might be a Chinese Insurance Co. that is behind this ?? Ya` never know !

Answer 2

Yes, I saw this story on MSNBC. The woman couldn't even remember that her son died. That's just how brain damaged she is. When they asked her about her dead son she said "Why"? and began to cry. She is definitely suffering and I don't think I'll ever shop at Walmart again. There are just too many heartwrenching acts of "treason" basically that they continue to commit without a second thought. Like Shrillary Clinton, Walmart is canniving and vicious, qualities that should not be representing any significance in America. That woman should file a complaint with the Civil Rights Division because it's obvious Walmart is discriminating against her because she's disabled. She needs the money she's won to take care of herself. I mean isn't that what paying for employee insurance is for? Why are they trying to get it back now? She had an employee insurance plan? I know Shrillary is in on it somehow...hmmmmm Shame on you, Walmart!!

Answer 3

Citation please.

that makes no sense at all from a legal point of view, but as the other posters have proved, plenty of people have motive and time to dispense false allegations about Walmart at any opportunity because there is a ready made audience.

But the first step in credibility is to provide a source for your claim - how hard could it be to provide the link of where you cut/pasted?

Edit:

Here is a more objective story that explains the legal principles involved.

http://www.semissourian.com/story/1137483.html

The short answer is that the woman settled with the Walmart insurance, then sued the truck company and settled with them. Usually the insurance company is entitled to recover what they got from the other place (all insurance is like that, including your car insurance).

This seems to hinge on an arcane point - that they put the Walmart money into a trust fund which then accumulated in value but can't legally be split apart. If they could reimburse the part that matched what they got from the truckers, then there probably would be no problem.

It is a tragedy, but it seems obvious about the repayment - pretty much boiler plate in insurance contracts - if the Shanks got inadequate advice, and didn't get a better second settlement, then how is that Walmart's fault?

Answer 4

You're *completely* misrepresenting this case.

If ANYONE has an accident, and their medical insurer pays their bills, but a court later rules that someone else - usually the person who caused the injury - is liable to pay the bills instead, then the insurer gets back, from the court judgment, the amount they paid out.

This happened to my wife ten years ago. A defective sidewalk at the mall caused her to be injured. Our medical insurance paid about $65,000 of medical bills for her injuries. When a court found the mall owner to be negligent, and thus liable, the insurer got back their $65,000 from the judgment.

If WE didn't pay the bills, why should WE get to keep the money for those bills that the mall owner was ordered to pay? The insurer paid out the money, and is entitled to get it back from the person at fault.

Oh, and by the way, before everyone continues blaming this on greedy capitalist WalMart.... Union-run health plans do this too.

Google the word "subrogation". The same thing happens in car wrecks... if your insurer pays for your car, but then you win a suit against the other driver, guess what? The insurer gets his money back.

Richard

Answer 5

I think the employee shouldn't be sued but I can understand why Wal Mart wouldn't want to pay millions for someone else's medical expenses.

But sueing to get the money back is totally unbelievable and outrageous.

Answer 6

Was it a Wal-Mart truck that hit her? If not, there is no reason Wal-Mart, who she will never work for again, is responsible for her health care for the rest of her life. The driver at fault is responsible. Your details don't say who it was, but it could very well be Debbie Shank's responsibility.

Answer 7

That sounds shameful. Is there more detail to the story? Was a reason given as to why they are trying to get the judgement paid back?

Answer 8

Richard's right. It happens with ALL insurers, and that's how insurance works. As for the one who said why should Walmart pay for her in the first place? She paid in for that insurance and it did its job.

Answer 9

I dont think any court will award Wal-Mart a judgement

Answer 10

I think its ridiculous, and shows how Psychopathic Larger corporation can be. Walmart does over 365 Billion a year in sells, I guess thats not enough.