Wal-Mart sues brain damaged woman

When the law is bad for the citizens you get things like this.
www.cnn.com...
www.kfvs.com...

I understand Wal-Mart’s position to a point, by getting some money they can help keep costs of insurance down at least I would assume.

But on the other hand having worked at this Wal-Mart myself some ten years ago on the night shift I can tell you the insurance is not that great any way. I just missed working with this woman by around a year or so, how sad she had to make national news n this way.

I feel bad for the fact that her son was killed and that her husband had to divorce her just so she could get more help from the government in the form of Medicaid.

As I have said before I am not a fan of how Wal-Mart treats many of its employees. If it were not for the fact that this is the cheapest place to shop and get things in one stop I would personally boycott the store. I am not sure but I would also assume that since they have a right to the money won in the settlement they could get any other money that is owed to them if money was gathered in her name. There has to be some way around Wal-Mart taking other forms of money coming her way, I am just not sure at this moment what it is. Maybe the money could be gathered in her husband’s name, or it might be the Wal-Mart could sue him for the rest.

Personally I think Wal-Mart should have left the woman alone. To hear her and her story really breaks your heart. They just forget the hard work she gave them all those years and screw her over as fast as they could.

Wal-Mart keeping prices low but taking every cent they can.

www.youtube.com...
Here is the You Tube link sorry I am not sure how to embed it (not sure where to find the video number).



Raist

reply to post by Raist


In a world of liability, this is the kind of thing companies have to do to stay afloat. Yes, I know Wal-Mart is huge, but imagine this kind of thing happening over and over again. They'd be broke in no time.

Low prices or not, I stopped shopping Wal-Mart years ago.

Everyone should watch the movie "The High Cost of Low Price".
www.walmartmovie.com...

This situation is absolutely disgusting, and just reminds me why I'm more than willing to pay 27 cents more at Target.

reply to post by Unit541


Wal-Mart's scapegoating has never made any sense to me. So many more people have jobs in third world countries because of Wal-Mart, and so many more poor people are able to eat better because of the low prices.

I don't get it.

reply to post by thought


And how many small, rural communities have been turned into ghost towns by Wal-Mart? How many business owners have been put out of business by the giant, only to watch them close their doors and move out of town after 6 months. No need for Wal-Mart to hang around when nobody in town has any money to shop with (after losing their jobs to Wal-Mart).

Personally, in the condition that the United States is in, I could care less if some one in some third world country has a job at Wal-Mart. It's "Feed the children" all over again, why should I donate money to feed some kid in Somalia when MY children are hungry, HERE and NOW.

reply to post by thought


I agree they do alot for people and provide jobs etc....I think the main issue here is their greed. They sue this woman for just over $400,000....they make this much money in less then an hour. To be that greedy and seeing the medical suffering this woman/family go through just makes you sick.

I know companies are in business for profit...but when you sue a single family dealing with this kind of medical issue over an amount of money that Wal Mart could burn and not miss...it says a lot about eh company and those at the highest levels of their business.

reply to post by Unit541


Fine, I'll bite. Name one person you know in America that is hungry with nowhere to turn for food.

reply to post by rcwj75


Do you have any idea how often a company like Wal-Mart is sued? They've gotta be protective of the bottom line or their workers will be turned out on the streets!

Originally posted by thought
reply to post by Raist

 

In a world of liability, this is the kind of thing companies have to do to stay afloat. Yes, I know Wal-Mart is huge, but imagine this kind of thing happening over and over again. They'd be broke in no time.

I would agree to a point. In the case of say a broken leg or even an amputation the person can often find ways to get more money after a settlement. I work with a man who has lost his half his leg for example.
Many people even find work and are in wheel chairs. So just getting hurt cannot keep one from earning a living at times. But in this case the woman is done she cannot ever find a way to work. Unless they come up with some amazing surgeries. But even if they did thanks to Wal-Mart she could never afford them.

I am saying though that this should be done in a case by case basis. Wal-Mart paid her medical bills at that time. The settlement was to help for the future. So no this woman has no money to help except what she gets in Medicaid plus what her ex-husband can bring in from two jobs.

Basically without the settlement money they are living on little or nothing.


Raist

Originally posted by thought
reply to post by rcwj75

 

Do you have any idea how often a company like Wal-Mart is sued? They've gotta be protective of the bottom line or their workers will be turned out on the streets!

You mean they will stop making profits....lets don't kid here they don't care about thier employees and they never will. As is the case with most of Corporate America...its just not cost effective.

as soon as i found out there was a super target down the street from me i stopped shopping at walmart. it's cleaner, employees are happier, all around better. sure i pay an extra few cents here and there, but it's well worth it if you ask me.

Wow that family's life really sucks.
I think it's hilarious when the news puts peoples suffering on display.

reply to post by ATruGod


Wow. So many people here at ATS have no understanding of economics. People who work at Wal-Mart work there out of CHOICE. Wal-Mart has to pay a wage people will want-it beats all of the fast food joints.

Is it a great job? Hell no! But it is often a pretty good job for students or mothers who only want to work part time. I've worked there myself. It's not great, but it's hardly the hell you describe.

reply to post by thought


You've got to be kidding right? Sorry, but that statement didn't even warrant this response.

Originally posted by Raist

If it were not for the fact that this is the cheapest place to shop and get things in one stop I would personally boycott the store.

Sad really how apathy and convenience breed hypocrisies, that statement reminds me of exactly why we're in this situation in the first place, because of exactly this mindset. It's disgusting that convenience trumps outrage at injustice almost every time.

"I'm mad as hell but i'm gonna accept it because if i don't i won't be able to obtain a basket of useless crap"?

Is that the way it is? I'm not trying to personally attack you, it's just that i'm sick of hearing feeble whining about how "if it wasn't so easy i'd boycott it." I hear it from most people now, and it's sickening how weak willed the population has become. If you make a decision to not support those who cause injustice because you believe in justice, good, but for those who will complain that this is injustice yet still buy a pile of crap from those serving injustice, you're one of the worst types of hypocrite. Sorry, but you are, it's not my fault for saying it, it's your fault for being weak willed and spineless.

I firmly place blame on all you slackers who sit by and let this crap be carried out in YOUR name. Yes, in YOUR name. You're the one with the economic leverage, in mass, if everyone who felt this was wrong actually had an ounce of heart, any sense of morality, and a sense of duty to defend the principles of freedom, justice, and equality, that the lies tell us we're supposed to have, their evil empire wouldn't last a month.

The people hold the power but refuse to wield the weapons to defeat the devils in this battle. It's time to stop acting like spoiled children, grow up, stop being a lazy little turd, and pursue something right in this dark ugly life.

Originally posted by thought
reply to post by ATruGod

 

Wow. So many people here at ATS have no understanding of economics. People who work at Wal-Mart work there out of CHOICE. Wal-Mart has to pay a wage people will want-it beats all of the fast food joints.

Is it a great job? Hell no! But it is often a pretty good job for students or mothers who only want to work part time. I've worked there myself. It's not great, but it's hardly the hell you describe.

Haha I have a perfect understanding...In most cases Walmart (and other big name stores) comes in puts long time Mom and Pop stores out of business with thier low prices and get everything here attitude. Where else do these people in these towns have to work now?

Who cares its all about economics right, the rich getting richer and the poor getting crapped on even more.

They don't have to pay a fair wage if they are one of the only big businesses in town, hell they dont even have to make that many full time positions...its cheaper to not give employees benes anyways right. Its all about Economics.


[edit on 31-3-2008 by ATruGod]

Originally posted by thought

Do you have any idea how often a company like Wal-Mart is sued? They've gotta be protective of the bottom line or their workers will be turned out on the streets!

The number of times being sued means nothing...its the wins and losses that mean everything. When's the last time WM lost a civil suit? They are big business and in civil court THEY have all the leverage. Plus 98% of the suits filed on them NEVER make it to court....why...they settle out of court...pay off the ones involved and move on. They lose NOTHING...never have....companies like wal-mart don't lose anything...

They don't need to protect $400,000....they will right 5 times that amount off as losses this year alone and get that money back from guess who...the government aka taxpayers...

This was greed...plain and simple...is it legally right..yeah i guess it is...but sorry if i had a company worth BILLIONS...letting a mentally ill woman keep $400k isn't even an issue.

Plus now they have to pay for an attorney...so medical bills, loss of a son, and now legal fees....

reply to post by 1Crisis


I don’t think the news put their life on display for others to gawk at, though it is possible. I am also unsure about how putting the suffering of another on the news is funny, but everyone has their own thing I guess.

I believe that this story is making headlines because someone might find a way to help the family. I believe there are still some good people out there, though not as many as there used to be. I am sure someone has some ideas on how to help this family and will do something. These people that will do this have no way of knowing about the suffering of this family if the news is not brought to them though.

Raist

reply to post by ATruGod


No! Poor people can afford lots of things they couldn't previously thanks to Wal-Mart! Mom-and-Pop stores don't employ that many people, anyways.

"The recovery that Debbie Shank made was recovery for future lost earnings, for her pain and suffering," Graham said.

Seems to me that the award was not given as a reimbursment for medical expenses, and therefore Wal-Mart should not be entitled to a reimbursment of those medical expenses. She paid her premiums just like everyone else, and there is no dispute that she was entitled to the insurance payout. If she had made a recovery explcitly to recoup medical costs, I would be on the side of Wal-Mart for that portion of the recovery.

Why didn't her lawey know about this "fine print"? I would sue the lawyer. The lawyer should have known about this, and sued for an amount that would re-pay Wal-Mart as well provide for this woman's long-term care.

Perhaps the Wal-Mart insurance should pay for her long-term care.