After a debilitating accident that destroyed a family's life and livelihood and left one woman brain-damaged and bound to a wheelchair, and several years of legal battling, a settlement established a special trust to provide for that woman's care for the rest of her life.
Then Wal-Mart sued to take it all away, citing a demand to be recompensated for the catastrophic medical expenses incurred as a result of the accident itself.
They call it 'subrogation', the right of a health plan to recollect any money spent on medical care in the event that a person wins a legal settlement, often before the actual injured person has any claim to the money. I call it one reason why I've never really been interested in health insurance. They charge you thousands of dollars a year, refuse to cover most of your expenses, and if something bad does happen and you do manage to successfully sue for damages (which, I might add, is increasingly more difficult), you're going to end up in another battle with the health insurance companies.
Forget it. If you really want to have 'health insurance', assign yourself a 'premium' rate and invest that money in a money market fund or something, then withdraw from it when you have medical expenses. Catastrophic problems? Declare bankruptcy! It's far more merciful than the sodomization that you'll receive on the behalf of the legal, medical, and insurance systems, and just as likely to lead to a life of inadequate care, pain, and misery. As it stands, this guy's had to divorce his wife just so that she has a chance of receiving public aid, because the family can't afford to pay for it and the trust fund that would've done so is being looted by Wal-Mart.
Sorry. This sort of thing enrages me deeply. If you'd like to read the original article, it's available online at the Wall Street Journal.


Comments: 66
But hey, consider what happens when you have no money, and no way to pay when your child falls and breaks her arm, or your son gets pnemonia. I suppose insurance can be a pain, but personally, it's a neccessary item.
Any parent who refuses to get insurance and isn't wealthy beyond the point of going broke is an irresponsible parent. There are programs that offer insurance to kids who can't obtain insurance through other means- even those of us who are middle class. It's just plain irresponsible parenting to deny your child a doctors visit if they are sick or hurt.
I realize there are people who for one reason or another can not qualify (though, in our state, the income guideline for "MiChild" is almost $40k for a family of 2, and goes up to around $65k for a family of 5 like I have, and should more than cover those who fall in between), and don't blame them for not being able to provide it.
But the parents who think it's not needed, or are too lazy to look into getting it, or just don't care- that's neglectful parenting, and should be just as reportable to CPS as not feeding a child.
What happened to this woman is highway robbery. She was going to be taken care of for her injuries as was the correct thing to do. Wal-Mart saw to it that that did not happen. Despicable!
Ouch
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What year was it when you were last able to get a tooth pulled for $25 without insurance? I'm guessing before 1980. You can't blame 1 person when the entire world's economy directly effects the cost of running any type of business. If they have higher costs, they can't afford to do their job for what they did 30 years ago without going bankrupt in under 2 months, I can guarentee that.
Where were her lawyers when they were busy settling for a paltry 700 thou?? Shouldn't they have known something like this could happen??
I think Walmart is the evil empire and it must be brought down. to shop there in order to save a few bucks will destroy the economies of towns. In our town our Walmart is referred to as the town mall. They are a heartless enterprise that has the economic ruin of America at its door. Sorry, too. I am no fan of Walmart and try my hardest not to shop there but they've put nearly every other store out of business in my town. Thanks for another reminder of the how evil Walmart is.
Many people have to file bankruptcy due to the effects of catastrophic illnesses. Insurers are no longer interested in the business of those who suffer these things. What Wal-Mart did here was wrong. The insurance covered the expenses. It was not a liability for them. For Wal-Mart it had everything to do with greed and avarice.
An adult going without insurance is one thing. A parent subjecting their child to not having insurance simply because they don't want it, or don't care to try and obtain or pay for it should be criminal.
As an aside, Austin has children, and suggests going bankrupt before insuring- is that -really- the lesson to teach your children? Forget your debt or health care, just let the tax payers deal with it when you can't?
In Canada, for instance, there are rules on how often you can see a doctor, or how long it takes to go for varying things. The doctors are over run and overwhelmed because anyone can go in, so there are often more paitents than staff to care for them.
There was an incident where a little boy won millions in a suit against NYC about 20 years ago. That hit the papers. What did not was the fact that The City employed a firm that they only brought out for appeals. The firm was kept on retainer just for appeals. The little boy lost on appeal. The family was left penniless and having to care for this little guy alone for the rest of his life.
Hope no one else is hurt by these would be companies adapting it. :(
Unfortunately we'd probably be in the poor house if we did not shop at walmart. Not only are the prices in our budget, but we can save gas and WALK there.
So your idea works, but how many are going to save like crazy and find a good money market or even have enough to save?
I would sue the lawyer for malpractice!
There's a ton of us out in the real world who don't have that option.
Every single state in the US has a program that allows for middle income families to provide insurance to their children. People who make 40-80$ a year can still apply and qualify for that program.
Those who make less are covered by medicaid. If you make more than $80k a year, you make enough to pay for insurance. Enough said. If you decide insurance isn't worth it, like your husband seems to think, then you enjoy the bills, but sure as hell don't go around claiming bankruptcy so that the rest of us can pay your bills for you.
Wal-Mart Stores is getting the money, or more precisely, the division that manages their health care is. (Yes, they have an internal fund that handles this.) In fact, they're suing for more money than the family actually received after legal fees. (They're suing for about $470,000. The family trust fund is $411,000 after legal fees.) Considering the husband works as a maintenance employee at a university, I'd say that's sufficient to completely destroy their lives. At this point, the only people who are really going to win here are the lawyers.
Regarding bankruptcy, poverty, and insurance:
If you have to divorce your own wife (without telling her) just to make sure she has adequate health care coverage and end up being sued for $59,000 more than you can possibly pay -- for winning a settlement -- explain to me how bankruptcy is much worse.
Every day, people below the poverty line are gambling with their lives, being forced to choose between intangible things such as insurance, or things they actually need such as food, clothing, shelter, and transportation. At poverty level, insurance won't do you any good unless your medical expenses exceed about half of your income (which is the point at which it's finally more cost-effective to have insurance). Furthermore, in most cases, having insurance will raise your medical expenses (a doctor's office that charges $200 to an insurance company will charge an uninsured person $20). Barring catastrophic events or a very good medical plan - one that Wal-Mart doesn't have, it's not worth it.
Perhaps if you could prove to me that paying a $6,000 deductible -- up front -- isn't enough to destroy an average family, particularly one living on a Wal-Mart-level salaries, I'd be less inclined to shrug and sarcastically recommend bankruptcy as an equally self-violating method of survival.
Perhaps if you could prove to me that having health insurance will protect you from a lifetime of medical expenses as a result of an accident -- instead of covering the initial bills, then leaving you to die when your coverage lapses, then suing you for several hundred thousand dollars after you fought so hard to make sure that your family had a chance of surviving this catastrophe -- maybe then I wouldn't be so fatalistic about our system.
As it stands, if you live at the poverty level, your life is going to be destroyed by a catastrophic accident to any of your family members, period. In the end, it's a matter of choosing how slow your financial death is going to be. If you have 'good' insurance, your life will be destroyed by the aftercare and the deductibles. If you have insurance and file for a settlement, your life will be destroyed by the lawyers. If you have no insurance, your life will be destroyed by the debts.
(Oh, and if your insurance has a cap, such as Wal-Mart's for the first year of coverage, you'll still get screwed by the debts, AND the deductible, AND the aftercare.)
There are some programs I've seen - 'health saving accounts' - that promise some of the advantages of health insurance combined with savings plans. However, these generally have even worse deductibles than normal plans, require pre-participation in another plan to qualify (in Wal-Mart's case, anyhow), and I've yet to see any significant advantage to them.
Having to pay for something out of pocket because we don't have medical insurance is the issue here - not lack of care.
We saved up through the summer to get a wii, which is something the whole family enjoys. Putting a little bit of money aside to save up and get something - that sounds like a good thing to teach children, no?
Why don't you mind your own damn business and stay out of an article if you don't have anything to say other than attacking the posters of said article?
Have a nice day!
Gather Drama is irritating - will leave this be now, as long as she doesn't return.
My thing is that I don't like hearing people gripe about a lack of money, but then spend it irresponsibly. I'm sure you did save up a lot for the wii. I'm not saying you didn't, but most families who do have the same type of problems would rather go out and get groceries or keep in in case of an emergency that comes up.
As for our income, with a family of 5, if I wanted (and we don't), we qualify for food stamps, medicaid, and help with utilities, along with low income housing. The only thing we take is the kids get free lunches at school- and we only applied because we were hoping to get reduced again. When we moved, the income barriers are different here, and our income went from qualifying us for reduced, to getting free.
My husband at the end gives his opinion of how unfair this is, and makes a somewhat sarcastic (I'm sure as an intelligent being you know the definition of sarcasm) suggestion for a solution IN THIS SITUATION.
Then you go trying to equate this to our personal lives - which, I may add, you have no business involving yourself in - nor is this article about our personal lives which if you had read it properly you would realize.
My husband is worried about the future - aren't we all? Because he had a moment of doubt that he shared with his Gather friends ... that gives you the right to attack him on this unrelated post.... how?
I'm moving, so I don't have time to have another job, and I have a post partum doctors visit AFTER my insurance runs out. I don't qualify for medicaid, because my child died( and I can work. I want to work), because he was born too early. I owe about $1,000 in medical expenses, which I can't pay. I don't have the money to buy cobra coverage... all because I didn't qualify for FMLA and had an unexpected medical crisis. Before people say I should have gone for prenatal care- I did. As soon as I found out I was pregnant, I made an appointment with a dr. I did everything that I was supposed to, and it still happened.
Unexpected things happen all the time, and my life kind of sucks right now. I'm going to be in debt for quite a while, and I don't qualify for any of those handy government programs.
My husband works for the wm distribution center right now. Till he gets his degree (in May) anyways. He was working as a pool plumber but got laid off due to cut backs, from lack of business, and the only place he could find for a job was wm, or he wouldn't be working there. he has been there for almost 3months, and he hates it.
That's how it was done where I worked
I agree- as far as health insurance goes- the Kucinich single payer health plan makes sense!
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