redhotz's Blog

I remember something about it on the Local news here in STL. But by seeing that video, it makes me more and more want to stay away from that evil giant! How they can do that to that family is just frightening. They claim it is in fairness (Wal-Mart does), but I think it is more for their love of the all mighty dollar.

Thank You Prometheus! I am glad to find out more. I got the e mail a bit late. But it was heart wrenching to see that and then the news of the loss of their son. My heart still goes out to the family. I just wanted to reach out to hug them all!

I couldn't get anything to come up either, there were other CNN videos, but not this one.

Like 'em or not, Small*Fart should have gone ahead with the suit. This is what I believe is known as "unjust enrichment" in the law.

You are not supposed to be able to profit from insurance (they double dipped with the settlement and the insurance payment).

All you people who whine about high insurance premiums because of things like me riding my motorcycle w/o a helmet better not be complaining about this one.

That's in, mpvan. The time to get pissed off about a contract is BEFORE you agree to it.

Why should the lady be allowed to double dip even if she is "differently able"?

I think in this case the families offer of Wal-Mart winning the lawsuit so they have the legal precedent to back up their ability to collect on insurance claims but just forgive the actually monetary lawsuit.

Because, while a sad story, the bottom line is they were doing nothing wrong and only following their rights. Wal-Mart has tens of thousands of employees. You cannot as an employer set a standard where you treat one employee differently.

My opinion if I was Wal-Mart CEO I would have offered this as a solution. Wal-Mart will take the judgement that they are rightfully entitled too. And We expect a check for $400,000 from the family. Upon receipt of the check from the family in this case, Wal-Mart will make a charitable donation of $500,000 to a trust set-up to pay for her long term care.

All sides win. Walmart gets their legal precedent and in the end Walmart makes a great PR move and has a nice little tax right off.

Yup, now all Walmart employees who are familiar with the case will ask for the same treatment. All they will need is to gather up as much publicity as this case and present it to the public. Bad precedent.

No wonder they get sued over 100x a day nationwide and spend millions on a building full of attorneys defending themselves.

It might tend to harden them after a while.

It's a basic principle of insurance - if you can actually "get ahead", it's gambling, not insurance.

Walmart employee gets in accident that is someone else's fault. Since auto insurance wont pay until the case is settled, her health insurance paid until the settlement was final, so she could get the care that she needed. The contract being that when the case was settled they would be paid back the money they put out on the healthcare in the meantime

The insurance paid as they agreed and when the case was settled, despite the fact that the patient knew they had to pay it back, they discovered that paying it back would wipe out the settlement they got... So, they didnt want to pay.
They went to the press and trashed walmart.. despite the fact they made this deal with the insurance company.. so that Walmart could be tried in the court of public opinion. They knew.. they knew that with enough pressure on walmart.. they would not have to pay this back..
They should have gotten more money in the suit. The court allows for up to 2% in punitive damages based on the actual damages.
Either they settled to low ( attorneys fault) or the attorney charged too much. either way Walmart flipped the bill for something that was not their responsibility to shut these people up..

What the hell. .. they went for the deep pockets.

I know on our work comp cases, sometimes the regular medical carrier will pay, and then work comp will reimburse the medical insurance when given proof of payment... and sometimes NONE of the bills are paid until the settlement is a done deal, which should have happened in this case to avoid this type of situation. I would have loved to see those people have to fork it over. They should be sued with fraud! Thanks for the update searching.