- Wal-Mart Sues Disabled Women to Recoup Medical Benefits
When Debbie Shank began working as a stock clerk at Wal-Mart, she joined the company's health and benefits plan and paid her premiums as insurance against injury or illness.
In 2000, Shank's car was rammed by a semi, and she suffered a traumatic brain injury that caused her to be permanently disabled. Her insurance kicked in and paid promptly for her medical bills -- for which Shank's family was grateful. This once vibrant wife and mother now lives in a nursing home and suffers from short-term memory loss, violent mood swings and other effects of her TBI.
Shank's injuries and disability are tragedy enough for her family. But now they're also faced with a $400,000-plus lawsuit by Wal-Mart.
Why is Wal-Mart suing a disabled former employee?
It seems that there was a clause in Shank's health plan that requires her to repay her employer in the event that she received a judgment to cover her medical care.
After her accident, Shank and her family successfully sued the trucking company and won about $477,000. That money was put in a trust for her ongoing medical care, and only about $217,000 remains. Wal-Mart has laid claim to that money, and the company is also demanding hundreds of thousands more from the disabled woman.
The retail giant won a lawsuit against Shank and her family, and the money from the trust is now frozen pending appeals. Shank's family has hopes that the Supreme Court will review the case.
A Wal-Mark spokesman expressed the company's sadness about Shank's condition but said the company had to pursue repayment out of fairness to all participants in the health plan.
It will be interesting to see what becomes of this case through the appeals process and if Wal-Mart will change its position to protect its public image now that this travesty has gotten considerable publicity.
Shank's situation should also be a cautionary tale for workers. Many people may have health plans with similar provisions and payback clauses. But I'd bet that most are unaware of the financial consequences they could face if they ever need to collect those benefits.
Clearly, Shank's judgment and the Wal-Mart benefits payout combined weren't sufficient to pay for her old medical bills and ongoing nursing home care. Now, faced with the prospect of having to pay back more than $400,000 she doesn't have, what will happen to this woman?
Shank's husband, who remains committed to his wife, recently divorced her so she could qualify for additional government benefits. Yet another sad twist in a horrible tragedy.
Originally posted at InjuryBoard by Dan Deuterman - Ritter Wrongful Death Cases Raises Interesting Questions
A jury this weekend ruled that two ER doctors who treated actor John Ritter after he collapsed on the set of his sitcom weren't at fault in his death.
Ritter's family had filed a multimillion dollar wrongful death lawsuit against the physicians, who treated Ritter for a heart attack, not the torn aorta he had. The hospital where he was treated has already settled with the family of the Emmy Award-winning actor, best known for "Three's Company" and "Eight Simple Rules for Dating my Teenage Daughter."
Certainly, there's been some debate about wheter this jury made the right decision. And I'm sure that Ritter's family will never feel at peace with this decision or his death. In fact, a lot of families feel that way.
More often than we'd probably all like to believe, people die as a result of some medical "accident." But are all medical accidents grounds for a medical malpractice lawsuit?
The short answer is no.
To win a medical malpractice case, you must prove that you (or your loved) one received substandard care and suffered an injury that resulted in damages. To mount a successful medical malpractice claim, you have to be able to prove that the medical outcome would probably have been different had the patient not received substandard care.
These are complex legal issues that can be very confusing for most lay people. Add grief to that confusion, and it's no wonder that people struggle with whether to file a medical malpractice or wrongful death case.
On the one hand, most grieving family don't want to appear litigious. They want to trust the doctors and trust that their loved one received the best possible care. But on the other hand, they're likely to want someone to be held responsible for their loved one's death, especially if it was preventable. And they don't just want to forget about it because by doing so they may feel like they're saying that their loved one's life didn't mean anything.
If you're struggling with these issues, remember that you alone don't have to determine if your loved one's death was the result of medical malpractice. Consult an attorney, who knows the law and who has dealt with these kinds of cases before, and that person can give you advice on whether to pursue a lawsuit.
Asking for an attorney's input can be a way of honoring your loved one.
Originally posted at InjuryBoard by Dan Deuterman - Teen Killed In Fatal BMW Crash Sought Speeding Advice in Online Forum
Just 12 hours before he died in a reckless, high-speed crash, an 18-year-old Florida man logged onto an online forum for BMW drivers and asked for tips on driving his faster.
Later that same night, Joshua Ammirato raced his 2008 BMW M5 off an airstrip and into a tree. He and four other young men from Marion County in Florida were killed in the high-speed crash that clearly was the result of joyriding and youthful bravada.
In between typical car banter, some of the posters on the M5.com questioned Ammirato's maturity and urged him to be cautious while driving his high-performance car.
"[I]t's just disturbing to know, if you're for real, that an 18 year old who is asking these questions about a 500hp car is driving the same streets I am. I don't have anything against young guys driving nice cars, but an 18 year old behind the wheel of an M5 is what accidents are made of," he wrote.
Ammirato assured his fellow M5 bufs that he was a safe driver -- an assertion that contrasts sharply with accident reports.
"I completely understand where you are coming from assuming that I am irresponsible ... that is definitely understandable. I do sometimes make bad decisions but I am young and I do drive safe and I will not endanger the lives of others."
A case like this truly is tragic. All teenagers do stupid things, but for these five will never have the chance to do another stupid thing. And where does fault for this accident lie? Solely with the driver? Or with his friends, who surely encouraged him to push the limits of his fast sportscare? With his father, for giving an 18-year-old such a powerful car? With BMW for manufacturing a performance vehicle? With online car buffs who are always boasting about the performance they get from their sports cars? I'd love to hear your opinion.
Originally posted at InjuryBoard by Dan Deuterman - Great tips for prevening deadly hospital infections
I have to applaud fellow InjuryBoard member Jennifer Moore of Grossman & Moore in Louisville, Ky., for a great article on things patients can do to avoid hospital infections.
She essentially provides a checklist for things you can ask and ask others to do if you must be hospitalized.
I encourage you to read Jennifer's posting or the entire report from the Committee to Reduce Infection Deaths.
