Slasher Ordered to Reimburse Medical Bills of his Victim

by Kerry Dougherty

Several things strike me about this crime and restitution story out of Patrick County.

First, after Larry Puckett nearly stabbed Justin Hawkes to death in the fall of 2019, Mr. Hawkes  incurred about $120,000 in medical bills.

Because the injured man was indigent, Medicaid stepped in and negotiated the price down to $22,000.

If this former English major’s math is correct that’s just under 20% of the original bill.

Does this suggest there’s some padding in medical bills? You bet it does. In fact, receiving any medical procedure is a lot like buying an airline ticket. Everyone on the flight pays a different amount for the privilege of squeezing into a tiny seat and arriving at the exact time. Some folks spent a fortune for their tickets. Others got a cut-rate price.

Same goes for medical bills, although many of those are accompanied by an emergency that leaves no time to shop around for a better price.

Face it, medical care is a racket. Dare to ask why that Tylenol they gave you in the hospital cost 15 bucks and you’ll get a verbal tsunami of indignation and gibberish. Just pay it, they say. You have insurance.

In this case, according to the Virginia Mercury, the judge ordered Larry Puckett to repay Medicaid for the injuries he inflicted on Mr. Hawkes once he completed his prison sentence:

Puckett was convicted by Patrick Circuit Court of malicious wounding. He was sentenced to 20 years in prison, with eight years suspended, and ordered to complete five years of probation and pay … the cost of the medical services as restitution. The restitution was to be paid in $50 increments each month following his release from prison.

I like it!

Although chances are anyone who runs around stabbing people then serves 12 years in prison (unless the Democrats get control of the Governor’s Mansion again and appoint another Parole Board that waves its magic wand of freedom over the commonwealth’s worst felons) is never going to hold a job long enough to make restitution. Still, the court made a statement.

(Beyond that, repaying the bill at $50 a month would take 440 months or 36 years to make Medicaid whole. Never going to happen.)

Yet Virginia’s Court of Appeals, in an act that defies common sense, ruled that Puckett wasn’t liable for the cost of his victim’s medical care because “it was not established that these medical expenses were ‘incurred by the victim’ of Puckett’s malicious wounding.”

Seriously?

The Supreme Court of Virginia disagreed and just reinstated the restitution.

We, the taxpayers will never see a dime, of course, but reinforcing the principle that society’s hairballs should be squeezed until they pay for their crimes is a good one.

Kudos to the Supreme Court for taking a stand.

Republished with permission from Kerry: Unemployed and  Unedited.


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Comments

21 responses to “Slasher Ordered to Reimburse Medical Bills of his Victim”

  1. “it was not established that these medical expenses were ‘incurred by the victim’ of Puckett’s malicious wounding.”

    Did the Court of Appeals offer any ideas as to exactly who they thought had incurred the expenses?

    1. Nancy Naive Avatar
      Nancy Naive

      Incurred? No. But the bonus paid to the hospital administrator was certainly a component.

    2. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      These two decisions are examples of what lawyers love and why people generally don’t like lawyers (unless they need one). The Court of Appeals adopted a narrow definition of “incur”: “[t]o suffer or bring on oneself (a liability or expense)”. The victim did not have the expense liability because he was indigent, so Medicaid incurred the expense. However, because restitution is usually provided to the victim and Medicaid was not the victim, the restitution order was disallowed. The Virginia Supreme Court said that the Court of Appeals had relied on too narrow a construction of “incurred”. It chose to interpret broadly the statute authorizing courts to order restitution. “The statute does not say that the restitution must be paid to the victim. It only requires that the expense be ‘incurred by the victim.’” https://www.vacourts.gov/opinions/opnscvwp/1220596.pdf

      1. Thank you.

        In this case will the restitution be paid to the victim or to the taxpayers who originally incurred the actual expense?

        Not that any of the judgement is ever going to be paid in the first place, of course.

        1. Dick Hall-Sizemore Avatar
          Dick Hall-Sizemore

          Whatever is paid will be deposited with the state’s Medicaid account, as I understand it. The Supreme Court upheld the trial judge’s order.

  2. We, the taxpayers will never see a dime, of course, but reinforcing the principle that society’s hairballs should be squeezed until they pay for their crimes is a good one.

    Hairball pictured below:

    https://uploads.disquscdn.com/images/ca2d03abb24b27b9e28b580a7f4d67c4fe40b130358ad0f400716a053bee19b9.jpg

  3. We, the taxpayers will never see a dime, of course, but reinforcing the principle that society’s hairballs should be squeezed until they pay for their crimes is a good one.

    Hairball pictured below:

    https://uploads.disquscdn.com/images/ca2d03abb24b27b9e28b580a7f4d67c4fe40b130358ad0f400716a053bee19b9.jpg

  4. Eric the half a troll Avatar
    Eric the half a troll

    “Does this suggest there’s some padding in medical bills? You bet it does. In fact, receiving any medical procedure is a lot like buying an airline ticket. Everyone on the flight pays a different amount for the privilege of squeezing into a tiny seat and arriving at the exact time. Some folks spent a fortune for their tickets. Others got a cut-rate price.”

    You know where they don’t have to worry about this sort of thing? Pretty much every other country in the developed world…

    1. LarrytheG Avatar

      Because we do not have universal health care like most other developed countries have, the hospitals and providers have to try to get their costs covered from doing charity care, care for uninsured, poorly insured however they can, so yep, they got a “sticker price” and it does get negotiated down to Medicare recommended diagnostic/treatment codes.

      It’s in between the sticker and “approved”, the hospitals try to eke out enough to pay for
      the folks that dont have insurance or poor insurance.

      socialized medicine for sure – just like employer-provided insurance itself is when
      the govt requires the insurer to cover all employees regardless of age or medical status and to not be able to drop them for excess claims like insurers for auto and home can do.

      but the worst kind… because it is the most costly of any in the world.

      1. Eric the half a troll Avatar
        Eric the half a troll

        And you can thank Conservatives for the “worst” system we have. It is 100% their fault. If Liberals had their way, we would have joined the rest of the world some time ago and would all be better off for it now.

      2. Eric the half a troll Avatar
        Eric the half a troll

        And you can thank Conservatives for the “worst” system we have. It is 100% their fault. If Liberals had their way, we would have joined the rest of the world some time ago and would all be better off for it now.

        1. LarrytheG Avatar

          Totally agree. They fought against Medicare , the ACA and Medicaid and the expansion and spent all of their time talking about making it “better” by killing it.

  5. As a 30 year veteran of the medical insurance industry, this does not surprise me. In 2012 I had an OUTPATIENT procedure at a Richmond area hospital. Per my EOB, the bill from the hospital to the insurance company was over $200,000. The ‘allowable charge’ was about $4,800. Those number are not typos.

    1. Nancy Naive Avatar
      Nancy Naive

      Good, then you can speak to the truth in this explanation…
      https://www.youtube.com/watch?v=CeDOQpfaUc8

    2. LarrytheG Avatar

      but the thing is – the insurance company cannot dump you for costing them too much money…

      unlike home and auto that can and do – to keep their costs down.

      Many Americans would end up medically bankrupt if it were not for the govt requiring
      insurance companies to cover you if you are
      Medicare, Medicaid, ACA and employer-provided

    3. Nancy Naive Avatar
      Nancy Naive

      Good, then you can speak to the truth in this explanation…
      https://www.youtube.com/watch?v=CeDOQpfaUc8

      1. I enjoyed that. I can’t speak to all of it’s points, but a lot is spot on. There are a LOT of issues, but I think these are big contributors (in no particular order):

        The chargemaster idea show here,
        A third-party payor (insurance companies) paying most of the costs,
        No price transparency (try determining the cost of care ahead of time)
        Covering things insurance should not cover.*
        The whole idea of networks

        *Insurance is designed for low probability, high cost events – totaling your car, your house burning down, cancer treatment. Health insurance has devolved into paying low probability, high cost events to ALSO paying for high probability, (relatively) low cost events (generic drugs, flu shots, doctor visits).

        ** steps off of soapbox. **

        1. Nancy Naive Avatar
          Nancy Naive

          Healthcare insurance isn’t insurance. It’s a payment plan.

          1. Lefty665 Avatar

            It’s a payment plan that is not available to you if you don’t have “insurance”.

            In Tallman’s example without insurance they would have taken his house for the $200k but he would not have had access to the $4.8k “allowable charge” that he would have had the ability to pay.

            It’s a racket. Nice little life you’ve got there, be a shame if you were financially ruined by medical expenses. Me and Guido here can ensure that you are not held liable for the phony extortionate charges from those nice hospitals and doctors.

            The insurers, including Medicare and Medicaid are in cahoots with the medical mob.

        2. LarrytheG Avatar

          re: ” Health insurance has devolved into paying low probability, high cost events to ALSO paying for high probability, (relatively) low cost events (generic drugs, flu shots, doctor visits).”

          Agree. But High Deductible Health Plan (HDHP) are becoming more common.

          The thing is that employer-provided is highy subsidized as any money spent on employer-provided is not taxed – not income nor FICA and if it were – it would not only substantially reduce the deficit (number 1 tax expenditure) but maybe encourage more people to consider HDHP insurance.

          Even then, the way that employer-provided works is that most folks cannot be turned down due to health status or age and they pay about the same premium.

          In other words, the young and healthy essentially subsidize the older and sicker.

          If the young and healthy could buy insurance based on their medical underwriting, they would pay for less… until of course, they got sick and old and the insurance companies dropped them or adjusted their premiums to be aligned with their risk.

          We do all of this so we can say we are not “socialized” medicine like they have in those other developed countries!

  6. Nancy Naive Avatar
    Nancy Naive

    Doh. Dorothy just discovered that the lion was courageous, the tin man was a philanthropist, the straw man had a brain and medical bills are padded.

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