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Is Walmart right or wrong [Archive] - Aggiefans.com

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Pflugerville Ag
03-27-2008, 10:09 AM
Sucks for this family. Walmart is being greedy, but at the same time, if they allow this, then how many other people would sue them that had the same type of situation?


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://topics.cnn.com/topics/health_care_costs).

Eight years ago, Shank was stocking shelves for the retail giant and signed up for Wal-Mart's health and benefits plan.
Two years after the accident, Shank and her husband, Jim, were awarded about $1 million in a lawsuit against the trucking company involved in the crash. After legal fees were paid, $417,000 was placed in a trust to pay for Debbie Shank's long-term care.
Wal-Mart had paid out about $470,000 for Shank's medical (http://topics.cnn.com/topics/health_care_issues) expenses and later sued for the same amount. However, the court ruled it can only recoup what is left in the family's trust.
The Shanks didn't notice in the fine print of Wal-Mart's health plan policy that the company has the right to recoup medical expenses if an employee collects damages in a lawsuit.

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

aggie1997
03-27-2008, 10:17 AM
I believe that is fairly standard in most medical plans. I believe our company has the same thing.

DCAggie
03-27-2008, 10:40 AM
right legally or right morally? looks like a big difference in this case.

Vlyrock
03-27-2008, 01:18 PM
I think Wal-Mart's in the wrong considering there's a trust set up designated for long-term care. Had it been in her checking account for her to blow on anything, go after it. This is different though and extremely bad taste.

BigJohn
03-27-2008, 01:26 PM
Wal-mart is looking really bad and exceptions can and should be made. It's not like their going to get anything back if they win. They should just win the case, then not do anything and leave the family alone. They won't get sued if they win, but just fail to collect.

House Divided RV
03-27-2008, 01:27 PM
I believe that is true about many insurance plans. Dustin might be able to shed some light on this matter.

AgDrumma07
03-27-2008, 01:33 PM
Right or wrong, the fact that the lady didn't read the fine print on her health plan is her own fault and nobody else's. You shouldn't sign something without reading every detail.

Now, should Walmart go back and amend their fine print? Maybe, but it won't happen for a LONG time after this case is over and forgotten.

BigJohn
04-03-2008, 01:18 AM
Wal-mart decided to back down.

http://www.cnn.com/2008/US/law/04/02/walmart.decision/index.html

Pumchavas28
04-03-2008, 08:53 AM
Wal-mart decided to DO THE RIGHT THING.

http://www.cnn.com/2008/US/law/04/02/walmart.decision/index.html


FIFY

BigJohn
04-03-2008, 09:11 AM
I'm convinced large corporations usually only "Do the right thing" when a bright light is shown on them and they are going to take a major media relations hit if they don't.

Pumchavas28
04-03-2008, 09:15 AM
True.... but either way, they did it & they have made that woman's life alot easier after making her & her family sweat it out for a while.

DCAggie
04-03-2008, 10:36 AM
I'm convinced large corporations usually only "Do the right thing" when a bright light is shown on them and they are going to take a major media relations hit if they don't.

Bingo. The bad press is much more expensive than the disputed money. Simple business decision for them at this point.