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        Daily Chat >> General Posts >> Brain-damaged woman at center of Wal-Mart suit
        
(Message started by: artonio7 on Mar 27th, 2008, 6:40pm)
Title: Brain-damaged woman at center of Wal-Mart suit
Post by artonio7 on Mar 27th, 2008, 6:40pm
This really really really really sucks.


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

with warm regards,
Tony
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by debOUCH on Mar 27th, 2008, 6:51pm
it more than sucks.................it's downright disgusting that something like this can be done to a human being!!! and a big company to boot! it just isnt right.......................
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by Redd on Mar 27th, 2008, 6:57pm
I probably shouldn't have read this after drinking down a cuppa organic sludge huh?

Holy karrap!  Makes one wonder about rethinking socialzed medicine, if your employer can sue you to get back money you paid the insurance premiums to have in the first place.

If WalMart is entitled to anything it should be only up to the percentage of the premium the company paid.  

Edit to add: Not that I agree with it at all, but wunder the provision that is what I would see as a Judge to be right and just. I'm not a judge though.
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by Annette on Mar 27th, 2008, 7:01pm

The only ones who won in this case were the lawyers. The poor lady was awarded more than $1M but more than half of it went to the lawyers.

The best situation would see Wal Mart and the lawyers both donate half of the money each to the lady. They are both well off enough to afford such a charity. They would be rewarded with good publicity which will be much better for their businesses.
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by Guiseppi on Mar 27th, 2008, 7:12pm
It's not just Wal Mart. I work for the county of San Diego. If I crash while on duty, say a stupid rich drunk guy head ons me,  and I win a cash judgement, the county will recoup from MY money, whatever it paid out in medical benefits to me. The rich getting richer!

Guiseppi
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by Charlie on Mar 27th, 2008, 8:26pm
Walmart is evil. This reminds me of a 1-1/2 hour documentary that pops up on cable channels every so often that makes me grind my teeth every time I see it.

I hate the 21st century when trying to deal with retailers. Everything is guidelines, procedures or worse. Everyone is terrified of doing a good deed. The idea of goodwill seems to be a relic of the past....assuming these companies are interested in goodwill.

Walmart doesn't worry about its image when dealing with employees and customers. It's greed taken to a new level.

Charlie
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by vietvet2tours on Mar 27th, 2008, 8:30pm
Check your policies cuz it's standard on all health insurance policies. I know this cuz my wife has done this for twenty years.

       potter
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by Jonny on Mar 27th, 2008, 8:35pm
"In 2007, the retail giant reported net sales in the third quarter of $90 billion."

Nuff said, fucking scumbags!!!!  >:(
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by Linda_Howell on Mar 27th, 2008, 10:47pm

 How I wish everyone in the US would boycott Walmart.
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by Kirk on Mar 28th, 2008, 12:12am
  Oh the humanity of it all  [smiley=furious.gif]
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by Racer1_NC on Mar 28th, 2008, 12:50am

on 03/27/08 at 22:47:47, Linda_Howell wrote:
 How I wish everyone in the US would boycott Walmart.

I've already started......I can't stand the place.
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by zwibbs/Scott on Mar 28th, 2008, 6:09am
Walmart , Sam's Club---worst places I've ever been to. They're one and the same.
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by deltadarlin on Mar 28th, 2008, 9:18am
Agrees with Potter.  This happens with any type of insurance policy.  The reason that clause is there is to prevent what is called *double dipping*, in other words, getting settlements from 2 or more insurers for the same accident/injury.  I was a rehab specialist with Workman's Comp for 5 years and I saw numerous cases that involved this type of offset.  Say a person is on Workman's comp for an injury and the injury is severe enough that said person is able to receive Social Security.  Workman's Comp is going to take an offset from the money that the person is receiving for Social Security and this is done dollar per dollar.  In other words, if you were receiving $600.00 a month on Workman's Comp and you started receiving $500.00 a month of Social Security, Workman's Comp would deduct that $500.00 from your monthly benefit and you would get $100.00 from Workman's Comp.

Wal Mart is within in their legal rights to recoup money they paid out when there was already a settlement for the same thing. Almost all, it not all, insurance companies (and I would probably say that this isn't *Wal Mart* but their insurer), would sue to recoup money that they had paid out when they found out that another insurer had paid out money. It's always been that way. The reason for this is to prevent *double dipping*, that is suing one party (or filing a claim) and getting a settlement and then filing a second lawsuit for the same accident/injury.

I do feel sorry for the woman, BUT, she already has one settlement and a *set aside* for medical expenses, why should she get double the amount?
My question here would be why didn't the orignal lawsuit pay ALL of her medical expenses? I think I'd be going after the first attorney, because it looks like they are the one who didn't do their job.
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by Charlie on Mar 28th, 2008, 11:05am

on 03/28/08 at 06:09:55, zwibbs/Scott wrote:
Walmart , Sam's Club---worst places I've ever been to. They're one and the same.


Yuz got that one right. Nothing on earth equals Sam's Club for an unpleasant experience and a store full of the dumbest people that I've ever met.

Evil.

Charlie
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by JeffB on Mar 28th, 2008, 12:25pm

on 03/27/08 at 22:47:47, Linda_Howell wrote:
 How I wish everyone in the US would boycott Walmart.






I refuse to buy any of their "junk"!
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by John Michael Smith on Mar 28th, 2008, 12:26pm

on 03/27/08 at 20:30:40, vietvet2tours wrote:
Check your policies cuz it's standard on all health insurance policies. I know this cuz my wife has done this for twenty years.

       potter

Glad to see some one usin' their noggin.  I'm with ya.
Title: Re: Brain-damaged woman at center of Wal-Mart suit
Post by JuniorBrew on Mar 28th, 2008, 12:42pm
Only reason I halfway like Sam's Club is I can have a big greasy lunch for about 36 cents.


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