STL Post-Dispatch: Insurer wants woman's crash settlement (WalMart)

[kevsand]

http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/D68CD3BC09EC17C98625705F0015F59F?OpenDocument

By Robert Patrick
Of the Post-Dispatch
08/15/2005

Debbie Shank stocked shelves at a Wal-Mart store in Cape Girardeau, Mo., until five years ago, when her minivan was hit by a tractor-trailer. Her Wal-Mart health insurance paid the medical bills. Proceeds from a lawsuit helped finance her care in a nursing home.

Brain damage forces her to use a wheelchair and limits her upper body movement to one arm and two fingers. It stole her memory and her ability to talk to her husband and three sons.

(snip)

Now the Shanks face a new obstacle. Her Wal-Mart health insurance plan wants the lawsuit money to repay its costs.

Last week, the health plan sued Debbie Shank in federal court in St. Louis, demanding the full $417,000 she got in the civil suit - plus at least $51,000 more from the share that already went to lawyers and costs.

-----------------------------------

The article goes on to explain that this is not uncommon, but that the victims end up basically without anything.

[Supply Side Jesus]

1. moral of the story...

Get that settlement in CASH, and buy a big coffee can.

[rfranklin]

2. No, the moral of the story is that we need laws to protect the injured...

It seems every time you turn around, the insurance companies, the credit card companies, and every other corporation has a way to make itself "whole." But the average Joe gets screwed every day and twice on Sunday. What the fuck is the use of insurance if you have to pay it back?

[kevsand]

3. That's what I was wondering.

The insurance plan seems designed to protect the insurer rather than the victims...

[Sugarbleus]

6. That would be MY question too....if you PAY for health

medical coverage through your employer, why on earth should you have to pay them back?

My S.O. had his foot crushed by a city bus once. He only wanted them to pay the cost of the medical bills and go his way. They refused so he sued.

He get's his settlement and we pay off our credit cards, buy a new vehicle, a bed and a couple other needed items....NO COCAINE (lol)

The lawyer got his cut and sent us the rest. About three weeks later, the lawyer called and wanted the money back. Said Medicaid wanted some of the money. We had to tell him, sadly:popcorn:, that the money was gone. We had exactly 30 days to spend it or SSI would be cut off too. He should have thought of that in the first place. I think he had to pay out of his pocket...not sure.

So, spend it, bury it in backyard, stuff it in mattress or put it offshore..whatever. Don't let greedy systems beat you out of your legal due.

The woman in the OP is in MUCH MUCH worse shape than anything we dealt with; the GALL of Billionaire WalMart to even THINK about asking for money back. BASTARDS

:) SB

[Sgent]

4. Medicare

and Medicaid do this as well.

Any attorney who allowed her to settle or disbursed funds w/o getting the health insurer(s) to sign off is committing malpractice. This lady can and should go after her attorney.

In fact, Medicare will collect money even if you don't have it yet. If your 63, and in a car accident, Medicare will want to review the medical record to determine if there will be future obligations on their part. If so, you gotta get them to sign off on a settlement.

[Sugarbleus]

7. Medicaid is the same way....

They send blurbs every so often stating that after the age of 55 any moneies from any estate, trust, settlement MUST be paid back to medicaid.

It's gettin' tricky out there folks, but there are sneaky little ways around it, if you're careful and creative. Sad, though, that we should have to resort to such tactics.

This American system is MADNESS!! Beat ya when you're up..beat ya when you're down. :thumbsdown:

(we need a flip the finger smilie) :)

SB

[WildClarySage]

5. I thought that's what we pay PREMIUMS for...

because they are assuming risk. If they are refusing to pay their obligations (which is what they are doing by seeking her settlement) she should have the right to sue for return of her premiums paid.