Arkansas Blog

This is all over You Tube. I am not sure if this will blow over if a week and that is what Wal-Mark expects, but how can they think this was the right thing to do? I will be checking my medical insurance policy. If I was this poor man, who just found out he has cancer, I would have taken that money and spent it on $2,000 whores and said Fu*k You Wal-Mart. Hell, he will be better off in jail and the state could take care of that poor woman. But he is a good person, and is staying by his wife's side.

For your shopping needs: target.com

Can't wait to read Barrett Jackson's spin on this one...

How many times do I have to say: Save your hometown -- boycott WalsMart.

My understanding of the story is that the family received a $1 million settlement for her care from the trucking company that actually caused the accident. Walmart's insurance contract stipulates that they arent' responsible if someone else is and has paid for damages.

Damn that fine print.

I think Olbermann was right. Wal-Mart's not evil. Their legal team is. They have no souls. They don't know how to pick their battles. I thank God that I'm not doing their public relations. Can you imagine having to cleanup messes like this and the board member admitting that their new pro-environment drive is nothing more than an exagerration of the truth for good publicity? That's a nightmare of a job, in my opinion. I would go back to the relentless hell of working campaigns before I would work for their PR office!

From CNN if interested

http://youtube.com/watch?v=QuRYeRnAuXM&feature=related

It's not just Wal-Mart, folks. After a fall on my own property a few years ago, Blue Cross Blue Shield and their contractors contacted me at least five times trying to determine if they could pitch the hospital bills to someone else's homeowners insurance. For a while there, I wondered if I was going to get sued by me. Big change from 25 or 30 years ago when BCBS waived the deductible for an admittedly far less serious injury in an accident.
Not just damn Wal-Mart or damn that fine print -- damn insurance companies.
It's time for Medicare-type coverage for every American.
In the meantime, boycott Wal-Mart just for the hell of it.

If wal-mart is going to steal someones settlement, shouldn't they be required to pay to take real good care of this person for all eternity?

Scum bags

http://en.wikipedia.org/wiki/Subrogation

Subrogation; not a new concept, folks. Read the legalese in any insurance contract you may have.

Wal-Mart's not evil. Their legal team is.<<
by diogotta

Never underestimate the directions given to lawyers, CPAs, etc by CEO and their staff. The CEO& Staff rule the place with a microscope. Due to all the lawsuits against the giant, executive committee gets a daily legal briefing.

Does anyone know if WALMONSTER is still buying $10,000 life insurance policies on each wage earner which is payable to the company ? They actually make money from those because of the volume and the low cost of term life.

What's really nice about stealing a totally disabled woman's money is that

.......................HILLARY CLINTON...........................................

sat on the Board of Directors of this outstanding American institution.
What does that tell you about her inclinations if ever she became president?
...

.

Since Barrett has seen fit to ignore calls for a comment, let me supply one that offers sentiments similar to past BJ pearls that were cast before us swine:

"You Hillcrest homos and liberal commies just can't help sneaking out to Wal-Mart and spending your Bush tax cut money. I have wet dreams just thinking about you pinkos."

Well, eLwood, I'm trying to logic out your Hilllary post, and I guess it comes down to this, to follow your non-thinking: If Hilllary IS elected, I'll by god starve, 'cause the first thing she'll do is invade our mountain and steal the LESS THAN $900 a month I get for my disability. Really, dude, I thought you were smarter than that.
Jake, you channelled old Bare it very well; makes me almost miss the crawly bottom.

Funny stuff, Jake.
I hate Hell-mart and don't shop there. I stopped years ago when I realized how greedy they are and how much damage they have done to the economy.

When are we little people going to wake up and realize that corporations and the Government are pissing on us left and right and we THANK THEM FOR IT! They have us so brainwashed that we're afraid of them as they screw us left and right, much like a battered spouse. I'm one of them damned trial lawyers trying my best to help the the little guy, and it gets harder and harder every day. Not because of what the evil CEO's and such are doing, hell we expect that, but because the average folk buy their crap that the corporations are under attack and barely surviving, and folks are so afraid they might have to pay two cents more for a widgit-ma-callit. But when something horrible happens to them, they are surprised at how little rights they actually have. In fact, in my experience its the conservative types that hate laywers that when when they get injured want exactly what they complain about... but then find that their support for the insurance/corporate lobby has actually hurt THEM (it was okay when it screwed someone else of course....)
Stand up. Take back our country for PEOPLE, not corporations. Corporations have got to be viewed always as what they are: soulless, profit-driven, brainwashing(advertising???) machines. They are not there for YOU. They are there for a few of the privileged. What's really sad is that most folks that read this will ignore what I'm saying. Just know this: for every goofy verdict we hear of (which by the way drive us down in the trenches crazy too)... there are literally thousands who get the other end of the spectrum - little or no justice. Hows 25k for a dead 9 year old dying in her father's arms after hit by a drunk driver grab ya? Hear about that? Nope. Nothing new there. Happens every day. How about nothing because the drunk was uninsured and the injured person was too scared/poor to pay the extra 5 bucks a month for uninsured motorist coverage, so they get nothing even though their horribly injured? (oh, they do get something... miles of red tape, disability from SS and medicaid.. so... we all end up paying for someone else's misdeeds). Nope, happens too often to be newsworthy, and doesn't involve a blonde tart with too much time and money and some sort of psychosis. Hell, that's news, ain't it?
Damn... I got on my high horse again.

Oddball, I understand your rage and am with you.
But, gotta ask, are you really an attorney?

eLwood, it's true that Hillary did sit on the Walmart board of directors - a long time ago. And it's also true that Mr Sam was an honorable man and Walmart was a reputable compnay - a long time ago.

I think we could make our displeasure known in a harmless way by going to our local Wal-Mart store and taking a moment to pitch their packages of Depends in all directions and then leaving without spending one red cent.

70%er, I disagree that Mr. Sam was an honorable man since he was the master of paying his vendors on the 89th day and only after he negotiated some extra sweet deal for Wal-Mart. You might call that business savvy, but no one can call it honorable.

I'm not defending Wal-mart. They have plenty of sins to atone for.

I know a lady who poured her heart and soul into her job at Walmart. One day she noticed a truck coming in and knew no one would be there to help so she went back to make sure everything went the way it was supposed to. Management immediately fired her for working off the clock. She was absolutely devastated. In my opinion, management should have spent a little energy saving a good employee instead of making an example of her.

eLwood, devilsadvocate said the W-M legal team was evil, not me. I've had an aversion to the word since Reagan deemed Russia the evil empire. However, for W-M in general, I'm rethinking my stance.
And that low price leader crap? Pure brainwashing.
Yeah, I'll admit to still running in there from time to time. But the experience is usually so bad my husband has taken to questioning my decision to do so if he's along. It doesn't matter if I have to drive a few extra miles to get cat food at Freds. He knows I'll probably be in a foul mood when I come out of W-M.
I don't think I've ever been in any other store in my whole life that invariably, invariably, charges me more than the posted price on at least one item. My personal best? Four items out of six.
You should have seen the faces of the folks in line behind me. I didn't waste any time getting out of there before the lynch mob, although I still can't figure out why they thought I was the bad guy.
A pox on Wal-Mart.

This kinda crap doesn't stop at Walmart - I saw the same kinda thing happen at Entergy about 10 years ago. Car wreck occurs, occupants not at fault - but severely damaged for life...they sue trucking comany, get settlement. Entergy steps in and takes away from settlement citing law that states that they can do so. Look it up - it's called the ERISA act of 1975.

Blue... yes I am. 16 years now.

Every company does the same thing that Wal-Mart did, but because of the constant propaganda against Wal-Mart and their healthcare options along with their status as the world's second largest corporation, people immediately think Wal-Mart is the bad guy. You all should look at the fine print on your health insurance too, as it has the same clause in it.

Does everyone really think that if Wal-Mart hadn't taken control of retail that K-Mart or Target wouldn't have? Somebody would have done it and we should be thankful that it was a company from our state and we get to reap the economic benefits of it. All of these people in this thread who are high and mighty about boycotting Wal-Mart aren't pinching pennies every week and can afford to drive a few extra miles to pay a few extra dollars for cat litter. Many people can't and they rely on Wal-Mart and its low prices to keep them fed and clothed.

Thanks for clearing all this up for us Ms Walton, how's the Crystal Gail Museum coming along? Maybe if yer dad's company would start selling health insurance on isle 7, I might be able to gets me some.....

Let's dispel one myth about Wal-Mart: there are many other places that can clothe and feed you far cheaper than Wal-Mart. Toss in the cost of gas to get to Wal-Mart if you don't have one in your town or if it is further away than the nearest grocery store, dollar store, goodwill store, thrift shop, savers food, etc., and said savings is further reduced if not completely gone and reversed.

Saying that one should excuse Wal-Mart because they have low prices is bad logic. Saying that they have lower prices than other stores is propaganda that can be proven false in numerous cases and ways.

There are many ways of stretching one's budget dollar other than buying the from WalMart. A wise shopper has a variety of sources to choose from that help meet and sustain a home budget. Speaknig as a retired person on a limited budget, I find that quality still remains important, if not more so, when making purchases, whether it be food or clothing. My wife has found many quality items shopping at Goodwill or Thrift Stores. Krogers has plenty of sales and specials and it is easy to get quality meat if you know when they usually put out their manager's specials.

In fact, we find going to Wal-Mart is more expensive than shopping with our current system. And, we live comfortably, eat well, and manage to put away more money in our savings. With internet shopping, we've found items at incredibly good prices without even having to leave the house.

Now, some folks think that WalMart is the only alternative in some areas. A closer look in the community might reveal more options. One doesn't have to advocate completely boycotting WalMart from now on, but a few weeks away shouldn't strain anyone's budget or reduce one's larder significantly. Besides, one might find better alternatives and better prices in some of those other places I mentioned.

Pssst, Fayettevillian, Freds has been cheaper on Fresh Step for some time. And you have noticed that W-M's Special Kitty has jumped a buck for a 20 pound bag, haven't you? Not that the cats are especially fond of that brand. A local feed store has a brand that is much cheaper and the cats attack me if I'm too slow about serving them.
Groceries? An independent store near me is almost always lower on produce items and meats and they are usually of better quality. Look around and you'll find better prices and products. Sure gas usage is a problem, but when you find that cheaper and better product, unless it's perishable, stock up so you don't have to run back to the store so often.
W-M is cheaper on Quaker Oats and a few other nationally branded products I buy. When I'm near a store, I run in and pick up several packages. So, ok, my boycott is not absolute. But I am doing well at avoiding my personal budget buster, wandering around the store. Think about the times you dropped in at W-M for one or two items and spent $50 or $100.
Jake is right. You can often do much better than W-M.

"The law lets you do it, but don't, it's a rotton thing to do."

The above is a quotation attributed to Elihu Root in advising a client a century ago. It is advice that should be heeded by WalMart today.

There are lots of legal rights a person, business, or government has that it should not assert or should administer with fairness and compassion, mainly because doing so is right, and also because it is good business

The Federal Medical Care Recovery Act is one which allows the government to seek part of an employee's or servicemember's tort recovery when someone's negligence has caused the government to provide medical care. As part of the way the Act is administered there is a provision the U S. Goverment can waive part or all of its entitlement to be paid for the cost of the medical care if the injured person's monetary recovery would be inadequate. The inadequacy usuallly comes about because of limited liability insurance coverage, or legal problems with the case against the person who was negligent.

Some years ago I had a job in which I made decisions on granting requests for waivers from injured service members. I became quite familiar with court awards for various types of injuries and resulting disabilities. In working on waiver requests one of my first questions was: "What would be a probable award for this injury if there were unlimited insurance coverage?" Then I would look at the actual amont the injured person was getting from a settlement or court judgment. If it were less than the value of the case, based on similar cases, I approved the waiver or a partial waiver. The welfare of the service member was the primary concern. (I do not know if the government still operates that way. I fear it may not.)

From the CNN story on Mrs. Shank, and her obvious permanent disability, $417,000 as an award to pay for her injuries, disability, and future care was grossly inadequate. Were this a Federal Medical Recovery Act claim that came before me, I would have approved a waiver.

WalMart's actions are unconscionable.

Walmart did not cause her to be disabled. She was disabled due to the actions of someone else. WALMART is entitled to reimbursement for the medical bills that it paid up front on behalf of the woman. When the woman received payment for those same services, it had every right to be reimbursed.

Ultimately, once the woman's assets are eaten away by the nursing home, the federal taxpayers will get stuck with the bill for this woman's care. In all fairness, the person paying should be the one who caused the disability. Walmart isn't the bad guy, it is the person who caused the disability and shortchanged her in the settlement and/or the lawyer to took 30% after negotiating an inadequate settlement.

Severus, excuse me, but you'd rather WalMart take what little money this woman has left to her and justify their actions with the old letter of the law argument. Everyone else is to blame, but the corporation that is sitting on $90 billion in profit is totally innocent in depriving this woman in her hour of need simply because they're pushing the fine print of a contract to a heartless extreme.

I'm amazed at your lack of compassion and understanding (others will say I shouldn't be amazed at all by the callousness of your comments). Do you really give a shit about the little guys in this country at all? For some one who barks a lot about big government and crooks and hypocrisy, you choose to bite the little brain damaged person with a husband who has cancer and whose son died recently in Iraq because heaven forbid that a giant corporation should show the tiniest bit of a conscience before ruining her life.

Sometimes there's disagreement with your comments. This time there's only disgust.

"Despite its public relations efforts to improve its image, this tragic situation exposes the truth about how poorly Wal-Mart treats its employees," said David Nassar, Wal-Mart Watch Executive Director. "Wal-Mart claims it must recover the money from the Shank family in 'fairness' and to 'protect' the plan, but those claims are absurd because Wal-Mart self-funds its health care plan. Wal-Mart can and should do the right thing and let the family keep this money to take care of Debbie Shank."

FACTS:

Wal-Mart CEO Lee Scott earns more than $470,000 a week.

Wal-Mart earns $470,000 every 38 seconds.

Surely the largest company in the world, with billions in profits and run by the nation's wealthiest family, could spare the $470,000, do the right thing and give this poor family a break.

Or, if you prefer to believe like Severus: WalMart's lawyers are on the good side and Shank's lawyers are on the bad side. If WalMart is doing the right thing then OJ must've been pure as the driven snow. Johnny Cochran's spirit is alive and working for Walmart.