Kent woman wins $1M settlement after horrifying shuttle ride
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KENT, Wash. -- The elderly often rely on medical shuttles, but one Kent woman who's confined to a wheelchair nearly died after her horrifying shuttle ride, and now the company is being forced to pay up.
Labeeba Alim once loved dancing to jazz, but now she's bedridden. The 81-year old has had health problems for years, but a trip to the doctor in a medical shuttle made matters much worse.
Alim was injured when the shuttle driver pushed her out of the back door before the wheelchair lift had been opened. She slammed on the ground and an employee fell on top of her.
"Since the accident she's been on a feeding tube," said caregiver Denise Deese.
Alim suffered bleeding inside her skull and part of it had to be removed to reduce swelling. Relatives feared she wouldn't survive.
"Simply forgetting to put the wheel chair ramp up when that is your job, day in and day out, is something I believe is inexcusable," said Alim's attorney, Chris Davis.
Davis sued Northwest Transport and recently won a $1 million settlement for Alim.
Her caregiver said Alim gets sad when she thinks about the accident that changed her life.
"She will say stuff like, 'Why did they drop me? Why did it happen to me, like they didn't care?'" Deese said.
As part of the settlement, Northwest Transport formally admitted what they did was wrong.
Labeeba Alim once loved dancing to jazz, but now she's bedridden. The 81-year old has had health problems for years, but a trip to the doctor in a medical shuttle made matters much worse.
Alim was injured when the shuttle driver pushed her out of the back door before the wheelchair lift had been opened. She slammed on the ground and an employee fell on top of her.
"Since the accident she's been on a feeding tube," said caregiver Denise Deese.
Alim suffered bleeding inside her skull and part of it had to be removed to reduce swelling. Relatives feared she wouldn't survive.
"Simply forgetting to put the wheel chair ramp up when that is your job, day in and day out, is something I believe is inexcusable," said Alim's attorney, Chris Davis.
Davis sued Northwest Transport and recently won a $1 million settlement for Alim.
Her caregiver said Alim gets sad when she thinks about the accident that changed her life.
"She will say stuff like, 'Why did they drop me? Why did it happen to me, like they didn't care?'" Deese said.
As part of the settlement, Northwest Transport formally admitted what they did was wrong.
I have read this article and I think this is  good. People must be punished if there is any negligence. In this article the old woman can be die due to a carelessness of a driver. I am also a Personal Injury Lawyer and I am very happy.
GD, I would make the company pay an addition $Mil just because they are stupid!!!
@dkgiovenco Unfortunately there isn't a tort for intentional infliction of stupidity
@rengic Too bad.
Who wins in this type of case? The old lady's attorney will get 1/3 of the settlement and DSHS will take most of and possibly all of the rest. The amount the state will take depends on how much DSHS has paid for her her. This would include cabablance, caregiver,medical,prescription,financial,long term care payments she has historically received.
If there were any money left, this lady would be penalized again because any amount received is considered an asset when calculating need based State funded programs.
The settlement amount will be paid by Northwest Transport's insurance who more than likely paid their legal defense too.
@BuddyHolly Wait till next year when Obamacare starts kicking. There's a clause that for low income people, if you're unlucky enough to own your own home they're going to come after that to pay for the health insurance that you get a discount on. Just more proof that you don't actually own anything in this country any more. Everything is just rented.
@BuddyHolly The article doesn't state that the woman is on any kind of State assistance or State medical. So nothing of what you said is relevant whatsoever.
@Tattooed_Angel @BuddyHolly While Northwest Transport does do cash rides most of their transportation is paid by Hopelink, which contracts to transportation providers who transport non-emergency medical patients to their doctors. This is paid for by medicaid. Medicare does not pay for transportation at all.
Washington Medicaid rules state that your income must be under 150% of FPL and you may only have a limited amount of cash and property on hand. You may not own a lexus for example and still be under 150% of FPL and receive medicaid. You would have to sell that Lexus and then not have that money on hand.Â
If you win a lawsuit, receive back payment from social security, etc. you have a limited amount of time to spend that money (essentially) to continue receiving medicaid.Â
When you apply for DSHS cash benefits due to medical disability you're required to apply for SSI or SSDI and sign an agreement with DSHS to pay them back. This is not true of medicaid, however, given the time it takes to get these benefits you usually end up with a lump sum payment from the time you applied to the time you receive your actual benefits. This can disqualify you for medicaid.Â
 If you apply for SSDI and receive more than 150% of FPL as your benefits, you will no longer receive medicaid. If for some magical reason you're approved right away, you also will not receive medicare for 24 months after your protective filing date.Â
 This woman was most likely on medicaid given the nature of the Northwest's business and the fact that medicare does not provide non-emergency medical transport (ambulance services are provided by medicare part B but only at 80% coverage)
@Nic Stevens  A very informative answer.
@BuddyHolly Huh? How will DSHS take any of the money??Â
What do you mean "If there were any money left, this lady would be penalized again because any amount received is considered an asset when calculating need based State funded programs".Â
Considered and asset??? Injury settlements are tax free so after the lawyers fees she keeps the rest.
@Seahawker @BuddyHolly When you are on Medicaid, any money you get over their qualifying limit, can make you disqualified. AND you have to pay back what the State paid for your care if you come into money. For example when a home sells, or in this case, when you win a law suit. It has nothing to do with taxes. And the fact that she "keeps the rest", is what she's talking about. The "rest" is what DSHS (State or Medicaid (you pick the name)), will recover from.Â
That is assuming she was on Medicaid before the settlement.
Medicaid and Medicare are two different things. You can have medical through the state, but there is a different type of federally funded insurance for seniors.Â
@Thunder I am on Medicare ( state medical) and my husband works 40 +hours a week ..
I'm guessing the driver had the lift all the way to the ground and forgot about it. Wanna bet I'm right?
I am a long time driver for one of these shuttle providers. If KOMO would like to contact me, I believe we have would much to talk about.
1 million doesn't go far these days especially if you have serious medical issues and I'm sure the lawyers got a fat cut. Hope she recovers enough to enjoy a little life.
She is lucky to be alive. Best wishes to her.
I'm confused...Medicare does not recover costs. Medicare is the federal insurance all elderly are entitled to. Part A Medicare is Hospital/Inpatient and or Hospice. Part B Medicare is for outpatient treatment options. Medicare either pays or they don't based on whether the treatment is covered, it has nothing to do with income/resources.Â
I think they meant Medicaid. Now with Medicaid, you have to have $2K or less to qualify if you are single. But, if you come into money, say by selling your home, you have to pay Medicaid (the State) back. Or, there is estate recovery after a person is deceased. My guess is she was on Medicaid and the State was paying for her care/caregivers. Now with the settlement, the State would immediately recover all of the funds they paid out for her. THAT makes sense. Not Medicare.Â
In home 24/7 care is more like $12K plus a month if it's around the clock and through an agency - if you figure $17-$20 an hour for a caregiver (not a nurse) x 24 hr/day = $408-$480/day x 30 day month = $12,240-$14,400. Unless you hire a private duty caregiver, then you can negotiate the rate since you are hiring them privately.Â
The State doesn't pay that much for caregivers by a long shot, but going forward, that is potentially how much she is looking at paying. So, $1 million will be eaten up pretty rapidly between Medicaid recovery and ongoing private pay in-home care.@Thunder I'm confused. I don't see anywhere in the article where it says anything about Medicare. Was part of the article deleted or are people just assuming?
@Tattooed_Angel @Thunder It's in the video
@Tattooed_Angel  I've seen you on this board for a while now so you should know that most of what is written on here is pure speculation. I'm quite sure you have even done a bit yourself.
@Surveyor1Â Oh, agreed. I understand that a lot of these comments are speculation and yes, I have been one to speculate from time to time, however I don't just willy-nilly pull stuff out my arse when I speculate. I base my speculation off of the facts in the story. I don't see anywhere in the story where it mentions Medicare or Medicaid so I am confused on why there are so many comments regarding the State taking a chunk of this lady's settlement.Â
@ThunderMedicare absolutely does claim portions of lawsuit winnings. I've got several patients awarded judgements in their favor for injuries or accidents, and if Medicare spent money on that care, they get the settlement, or a portion of it. Private insurance does the same thing. I'm not sure why it's not more widely known, but most of these medical related payouts don't actually go to the injured person - they go to the agency that paid the medical bills. Medicare does pay for home health care - not for 24/7 skilled nursing care, but they do pay for "Intermittent Skilled Nursing", which is up to 6 days a week of visits by an RN, and also for care by a nursing assistant or home health aide. Our goal is usually to train family members to provide the care, as this caregiver is doing in the video, and to connect them with community services like homemakers from Catholic Charities, Meals on Wheels and other resources that can help more long term. (I'm a home health nurse; my company only takes Medicare patients.) http://www.medicare.gov/Pubs/pdf/10969.pdf
@ChicagoRNÂ @Thunder I am well aware that Medicare pays for home health, but it is under part B (as stated above). Skilled nursing is under Part A. As far as Medicare recovering portions of lawsuit winnings...for what? I still don't see it.
Even if someone has a million dollars, their Medicare would still pay for home health care at the exact rate as someone on Medicaid. Medicare daily rates in skilled nursing are based on the exact same criteria in WA for both the wealthy and destitute/penniless; these rates are based on the MDS, not income.Â
And I am fully aware of what home health consists of, what they can do, what they can't.Â
I hated these drivers before this story aired. I see them on the freeways driving like fools everyday. Next will be a crash and then maybe they will be done. Hopefully.
If I can load patients into my ambulance on a stretcher without dropping them, a cabulance driver should be able to wheel a wheelchair onto a lift.
I understand that mechanical problems can occur but this just seems idiotic.Â
I'm sure it was an unfortunate accident, but the dramatization and focus on the payout is hard for me to swallow.
@Bellevue Scott This wasn't just some unfortunate accident. Northwest Transport royally effed up and because of that this lady's life is forever changed. So what if she received a large payout? You may find it hard to swallow, but your not the one who is suffering because of someone else's mistake.
@Bellevue Scott Â
Right. Because if someone pushed you out of the back of a van, cracked your skull and caused so much brain damage you were on a feeding tube, OF COURSE you and your estate wouldn't think of suing anyone.
Live and let live - right.
@Bellevue Scott It wasn't an 'accident' it was physics and the 'caregivers' involved obviously ignored safety procedures. YOU try having your life altered so much that you have to go without PART OF YOUR HEAD and only being able to be tube fed. Oh, I realize you MAY indeed be missing part of your brain already.
$1 Million payout, but close to half probably go to her attorneys. With her age and condition, that money will dry up fast. And if she don't have a will (estate lawyers probably drooling right now), all that $$ will get held up in probate after she passes. That's not even including the money-grubbing relatives that will come out of the woodwork for a piece of that stash. No happy ending for this story any way you slice it.
@todaysnews Not an attorney but half couldn't go to her attorney - that would be illegal. Don't know what's sadder, the hyperbole or the four "likes" from people that don't understand the system.
It is likely she will have to pay back any covered medical costs from the settlement (you probably didn't know that too) so the actual "award" that went to her (or lawyers) isn't a whole lot.
@Howard Beale @todaysnews WA RPC 1.5 requires that attorney fees are "reasonable," with custom being one of a series of factors used to determine a fee agreement's "reasonableness." In this case, the fee agreement was mostly likely contingent--customarily 1/3rd. A lawyer could certainly argue that a particular case warranted more than what is custom, but most just stick to custom. But realize too that attorneys fees are almost always on the table in settlement negotiation. The 1 million figure probably includes some attorneys fees compensation in addition to the substantive negligence damages.Â
@Howard Beale @todaysnews "...half couldn't go to her attorney - that would be illegal."
I am not an attorney either but I don't think we have a cap on lawyers' fees except for Social Security or Medicare cases. Willing to be wrong.
When my Grandmother gave me that look I was instantly turned into a little angel.
Good for you Labeeba[gotta love that name], I hope the money can buy you a little more comfort.
I once had a terrible experience with Northwest Transport. I am convinced their management lack moral decency. Glad to see they were forced to pay up in this situation!
1m$ is actually a light sentence, considering the medical outcome. Hope she has insurance on top of that.
@Komo Dragon It doesn't appear so since Medicare is looking for compensation from the 1Mil.
@PrairieDawn @Komo Dragon SOP. Read your health care insurance policy where you work. There is about a 99.99% chance that they can recover any covered costs from an injury due to accident or negligence that a settlement payout comes from. A lot of people don't realize this.
Would have been helpful to see the van shuttle in question as 99% of the side and rear wheelchair lifts store with the ramp in the upright position blocking the door so that could not happen. Sounds more like the ramp was out but the safety gate was not up at the end of the lift causing the wheelchair to continue off the end of the ramp and the employee trying to stop the fall by holding onto the wheelchair causing him to end up on top of  Alims.
@32jim2 plausible, but would not make a difference in negligence or culpability
She still looks scared (or scarred) in this picture...horrible thing for her to have to go through!
I use to drive the Access buses for the handicapped. Loved the job and the customers, management and other drivers were something else. Virtually every day I was their there was an accident involving a handicapped customer. Had drivers running over or backing into people in wheelchairs , customers that were just left to fall out of buses because Kitsap Transit's management said we were not allowed to help if someone refused our help and fell. Even when I was told not to help someone I would still catch them if they started to fall and even though a customer would refuse my help they were still thankful for stopping their fall. Pay and benefits were terrible which I think why there were so many bad drivers, but thats just no excuse for risking people's health. We even had one driver that started driving off while he had a customer loaded up and sitting on the wheelchair lift.
@Blindman: It's been said that you get what you pay for. In this case you pay peanuts and you get monkeys.
@Blindman Yikes... that doesn't sound good. Well, poor management, bad pay and bennies, here's what that'll get ya.
"Simply forgetting to put the wheel chair ramp up when that is your job, day in and day out, is something I believe is inexcusable," said Alim's attorney, Chris Davis. Â I could not agree more. Â Glad this woman is being compensated and wish her the best in her recovery.Â
Oh my God, that poor woman! I really hate the way our society is prepared to sue somebody at the drop of a hat, but in this case, it is fully justified. I pray she makes a full recovery.
@Central I too pray she will make a full recovery, but the reality is that in the absence of divine intervention, she will not. She will eventually go from having the in-home care giver to a nursing home, and that $1M award (after paying the lawyers & Medicare) wont last very long.
@EMDF9A @Central With the settlement there is no reason she would have to go to a nursing home, she can get a private in home care provider for about the same cost of a quality nursing home, and the level of care she would get will be so much better.Â
Well, it doesn't say whether or not attorny fees were apart of the settlemen. She could have the $1m settlement for herself and the other part of the settlement could be to pay her attorney fees and make a formal apology. I think she deserves the whole million and her attorny fees paid, because after this accident her health will ultimately decline even faster judging by the emotional impact it has already taken on her. She needs every bit of that money for the extra care.
@MomOf2 @EMDF9A @Central When the lawyers take their 33%%, Medicare gets paid back the $180k (not mentioned here but in the broadcast version) and averaging the cost of 24 in-home care at $7000 a month that leaves her with 5.7 years of care. Now, yeah, she is 80, so perhaps she will expire within that time, but there is a very good chance that the money will run out & she will end up in a nursing home on Medicaid. And that of course assumes she has no more surgeries, injuries or hospitalizations.