Woman settles over brain damage causing accident, but Wal-Mart gets the money

This is typical of what is going on in America. The rich get richer, the lower class fall deeper into dept. Where is their congress(person)? Too busy feeding at the trough of Corporate America? Congress along with that loser of a president has brought this country to it's knees.

Why don't you complain about attorneys who represent plaintiffs. They typically take 40% of any recovery.

If an employee is hurt by a third party (non-employer) why should an employer's workers compensation insurer have to pay for the damages under the terms of the policy? Do we want to make employers responsible for all injuries to their employees notwithstanding when or how the injuries occured?

Man, why don't we just cancel eveyone's health insurance and toss anyone who gets hurt onto the garbage heap, and use them for spare parts. If this attitude keeps up, this will be one miserable country to be living in.

I do not believe this story that Wal-Mart sued her$700,000 . Can anyone verify this story.

The Shanks settled in August 2002 for $900,000. After attorneys' fees and expenses, an irrevocable trust set up for Debbie Shank got $417,477 and her husband got $119,280, according to court documents.

Jim Shank has dreaded something like this since he got a letter two weeks after the accident, while his wife was still in intensive care, "clinging to life."

He recalls the letter saying he had to sign over any right to lawsuit proceeds or the health plan would not pay for his wife's care.

Is it fair that all Wal-Mart employees pay for one persons accident? Mr Shank signed over any proceeds which most insurances have that clause in them in you choose to sue. Even car insurance has that clause in it. You may take their help unless you choose to seek other help elsewhere.

Here is the link to the article. Looks like subscription is not required: http://tinyurl.com/ysq5zn. Frank Tizzano: hope this link proves that this really happened! This is really terrible, but isn't it true that its just the way our law is written and that everyone is equal in the eyes of law? I wonder!
http://blogs.sdole.net/2007/11/healthcareless.html

why didn't this womans attorney's advise her (or her husband ) not to sign anything until the courts settled the dispute? Either way, Wal-Mart comes out looking very greedy and cold. This doesn't suprise me- I have been treated poorly 90% of the time when I go there.

Regardless if he signed anything, any employer whose employee was injured on the job, to where they can no longer hold down employment should be responsible for their healthcare. She was doing her job, when she was put into a nightmare, and now Walmart took that nightmare a step further and I will not ever step foot back into Wal mart no matter how good the prices are. If they care no more for their employees, What about us????? What if we were hurt at Walmarts hands? what would they do to us?????

WOW it is really nice to know that if something like this happens to myself,my family and friends that we would be left with NOTHING AT ALL. This poor woman will be like this for the rest of her life.Maybe they didnt have to give her 700,000 dollars but atleast something. People are so cold. Walmart makes that much money in one day! ONE DAY!!! Forget any papers that she signed, forget whatever anyone else is talking about to defend Walmart and anyone who had any say in sueing this lady.Whats right is right and whats wrong is wrong!!! This world will pay!

This is a disgrace.

American's need to take back their country.

The Founding Fathers, along with others, warned about large corporations having too much power.

This seems to be the case in this situation.


Thomas Jefferson on corporations: “I hope we shall crush in its birth the aristocracy of our moneyed corporations, which dare already to challenge our government to a trial of strength and bid defiance to the laws of our country.”


"The rich and the powerful too often bend the acts of government to their selfish purposes." ~ Andrew Jackson


"I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country ... Corporations have been
enthroned, an era of corruption in high places will follow, and the money-power of the country will endeavor to prolong its reign by working upon the prejudices of the people until the wealth is aggregated in a few hands and the Republic is destroyed."
~ Abraham Lincoln


"The masters of the Government of the United States are the combined capitalists and manufacturers of the United States."
~ Woodrow Wilson



Corey Mondello
Boston, Massachusetts
cpmondello@yahoo.com
www.CoreyMondello.com
11-28-07

When I read this story last week, the thing I kept asking myself is: Why on earth would Walmart risk such bad PR and further fan the flame of anti-Walmart folks by doing this? are they really that hard up for $? or is it the "principal" of the situation.

From an economic standpoint, the negative costs of trying to recoup this actually has to outweigh any legal argument they could really make. I just don't get them sometimes. Why do they suck so bad at everything except cheap goods and treating everyone they work with (suppliers, employers, Chinese) so poorly?

The right of subrogation trumps humanity. Even if Walmart is self insured for the Worker Compensation, the contract covering the employee will still call out recovery from the party responsible. Had the couple not recovered, Walmart or its insuror would have had recourse to the driver and his insurance company. Our laws have taken the humanitarian choices out of our society, reducing us to legal formulas that enrich that profession and guarantee its existence. It is not for nothing that so many of our legislators are lawyers. The attorneys got almost half of the original settlement, how much did they get of the second? However, the bottom line is that the contracts are at fault, not Walmart.