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Is this a "pro choice" or "anti business" issue?


markomalley
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This is a tough one for me to figure...

If it were anybody but Wal Mart ...


BOSTON --
Three Massachusetts women backed by pro-abortion rights groups sued Wal-Mart on Wednesday, saying the retail giant violated a state regulation by failing to stock emergency contraception pills in its pharmacies.

The suit filed in Suffolk Superior Court seeks a court order compelling the company to stock the so-called "morning after pill," in its 44 Wal-Marts and four Sam Club stores in Massachusetts, all of which have pharmacies.

"Wal-Mart apparently thinks it is above the law," said Sam Perkins, a lawyer for the three plaintiffs.

A new state law that took effect late last year following heated debate on Beacon Hill requires all hospitals to provide the morning-after pill to rape victims. It also allows pharmacists to dispense the pill without a prescription, but does not require it.

The suit, backed by Planned Parenthood of Massachusetts, NARAL Pro-Choice Massachusetts and Jane Doe Inc., argues Wal-Mart is violating a state
policy
that requires pharmacies to provide all "commonly prescribed medicines." They are suing to force compliance with the regulation through the Massachusetts Consumer Protection Act.

"Massachusetts pharmacies are required to stock all medications that are commonly prescribed to meet the usual needs of the community," Perkins said.

Dan Fogleman, a spokesman for Bentonville, Ark.-based Wal-Mart, said the company "chooses not to carry many products for business reasons," but he declined to elaborate.

However, in a letter to Perkins regarding the lawsuit, Wal-Mart attorney John W. Delaney wrote that
Wal-Mart has "long had the corporate policy of declining to make available EC (emergency contraception) medication,
based on, among other things, a view that EC medication is not 'commonly prescribed' and within the 'usual needs of the community.'"

Delaney also wrote that
if a Wal-Mart pharmacy doesn't carry a certain prescription, the pharmacist is instructed to refer the customer to a different drug store.

He added that Wal-Mart would formally request clarification of the state regulation from Attorney General Tom Reilly or the state's Board of Pharmacy. He said if either directs the company to carry certain products, "Wal-Mart will abide."

Fogleman said Wal-Mart stores in Illinois stock Plan B, as required by state law. But the drug is not stocked by Wal-Mart in any other state.

The morning-after pill provides a high dose of hormones that women can take up to five days after sex to prevent pregnancy. Some abortion opponents believe emergency contraception is a form of abortion because it blocks the fertilized egg from being implanted on the uterine wall.

The plaintiffs are Katrina McCarty, 29, of Somerville, Julia Battel, 37, of Boston, and Dr. Rebekah Gee, 30, of Boston. All three were turned away when they tried to buy emergency contraception pills at area Wal-Marts.

The women said they knew they would be refused when they went to the Wal-Marts in Quincy and Lynn and that the action was planned with the abortion rights groups and lawyers.

After being refused, McCarty and Battel went to other pharmacies and got their prescriptions filled. CVS, the state's largest pharmacy chain, stocks the pill at all of its pharmacy locations, as do the state's other major pharmacy chains.

"I did this on behalf of my patients," said Gee, who is completing her residency at Brigham and Women's/Massachusetts General Hospitals in Obstetrics and Gynecology. "Women shouldn't be refused needed medication."

The lawsuit also seeks $25 in damages for each woman, plus attorneys' fees, which is all they're entitled to under the state's consumer protection law. Perkins has asked Wal-Mart to settle the matter within 30 days.

Perkins did not know of similar lawsuits against Wal-Mart in other states.


Now, personally, I think that Wal Mart should stand by their principles and refuse to stock this. (No surprise, huh)

But if the state presses them, they should close all 44 stores and 4 Sams Clubs and leave the state.

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I don't care which issue it is from Walmart's POV, if a prescription is available from other local pharmacies and Walmart refers people to those pharmacies if it doesn't stock that particular prescription, there's no proper legal issue. If Walmart were a retail pharmaceutiical monopoly in a particular State, that would be a different matter.

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Walmart will not close its stores.

Walmart began its legacy in the bible belt of America, and may be trying to avoid protesters in front of the stores.

but it is more likely to do with the amount of money they will NOT make from the product mixed with the controversy of this drug.

if it had a pretty mark up price hell yeah they would do it in a heart beat no doubt.

I do not think Walmart has any concern for" morals" .

the sales is probably closer to their means to the end.

We have stores(not Walmart) here that do not sell it, because of the moral judgement of the employee's .

Walmart would / could get sued by employee's(happens everyday they have a very tight business plan/policy, very few successfuly sue Walmart, many try.) and are probably doing the bee hive business writing needed to insure the policy to make sure everyone can be forced to do it their way or die. Such is the Walmart of today in business.

Walmart refused to sell tupperware because tupperware asked for a price increase of less than a penny, they dropped all tupperware products in all the stores, forcing tupperware out of business and into bankruptcy within a year.

today you will see some products from tupperware but it was Walmart who at one time held all of their major contracts and forced the competitition price at a price that tupperware was unable to compete with the products they brought in from china and etc.

Walmart is THE retail business in America for a reason. IM convinced it has NOTHING to do with the good or wellness of anyone but Walmart.

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Yeah it is noble to be able to shop the exclusive stores, but alas IM poor and I save a ton of money buy shopping at Walmart.

obviously Im not the only one , doesnt make it right but I live in a practical at times survival world,

till my ship comes in . right now I do not even see the ocean in sight sooo.. they win.

they know it to. :evildenk::evildenk:

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The plaintiffs are Katrina McCarty, 29, of Somerville, Julia Battel, 37, of Boston, and Dr. Rebekah Gee, 30, of Boston. All three were turned away when they tried to buy emergency contraception pills at area Wal-Marts.

The women said they knew they would be refused when they went to the Wal-Marts in Quincy and Lynn and that the action was planned with the abortion rights groups and lawyers.

After being refused, McCarty and Battel went to other pharmacies and got their prescriptions filled. CVS, the state's largest pharmacy chain, stocks the pill at all of its pharmacy locations, as do the state's other major pharmacy chains.

They were looking to pick a fight.

They don't deserve the time of day, much less a day in court.

Tell em to keep their legs crossed, and they wouldn't be in this pre*dick*ament!

I agree with LG. Mal-Wart is not the ONLY prescription provider.

Shucks -- meebe I should go in to the local one, and demand to buy something

made in America, instead of China.

Wasn't that one of the original precepts of Walmart??? Selling American made products only?

I believe this is/was true. If not -- someone here will tell me. :)

Wonder if that's grounds for a lawsuit also?

Hmmmmmmmmm.

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Here are the health benefits offered by Walmart

from their website ------

Our health care benefits offer associates peace of mind and the ability to care for themselves and their families.

Associates' Medical Plan

Protection from the unexpected-that's the goal of the Associates' Medical Plan. If a major or unexpected medical event occurs, the coverage is there to help associates. The Associates' Medical Plan is designed to protect associates from catastrophic loss and financial ruin.

Health Maintenance Organization (HMO)

In addition to the Associates' Medical Plan, HMO plans are offered in some facilities.

STARBRIDGE

STARBRIDGE, a limited medical plan, is available to associates and their families during an eligibility waiting period and to temporary associates.

Aflac Cancer Insurance

This supplemental insurance plan helps reduce financial worries if cancer strikes Associates or their family.

Dental

A bright smile is one of associates' greatest assets. The Dental Plan provides associates with a way to keep it looking great. Under this Plan, associates have access to a network of general dentists and specialists who have agreed to provide dental care at discounted fees.

Life Insurance

We want our associates to be prepared. Life insurance offers financial protection for associates and their families in case of death.   Full-time eligible associates receive Company-Paid Life Insurance. Associates also may apply for additional coverage for themselves, their spouse, or their dependent children.

Accidental Death and Dismemberment Insurance (AD&D)

AD&D insurance plans offer financial protection for associates and their families in case the associate or a dependent suffers a serious injury or death.

Business Travel Accident Insurance

We offer associates even more protection when they travel on company business by providing Business Travel Accident Insurance.

Disability Plans

It is important for associates to think about protecting their families. Both Short-Term and Long-Term Disability Insurance can help protect an associate's family should the associate become suddenly ill or injured.

This looks good on the face of it, but note that nothing is said about who is eligible, or what the cost may be. And on top of that, a lot of what is offered is superficial -- dealing mostly with catastrophic occurances, and items like *Business Travel Insurance* (which would pertain to a minority of employees).

Dental offers a *discount* at the dentist, and Life Insurance is offered only to full time eligible employees.

I dunno -- They offer bennies, but to whom, and at what cost?

The company I work for offers bennies to full time employees only.

495 folks work for DRCC, perhaps 100 of us are full time.

When they list the bennies available, not all share equally.

Edited by dmiller
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Actually, the way I recall it, Walton wanted to sell american made products, but only if a company was willing to meet or beat the price that could be gotten from foreign made stuff. He would offer to guarantee a huge volume purchase, for the right price. Unfortunately, for some companies, that meant they would have to make an inferior product to what they had been producing in order to meet the price Walton was willing to pay. So much for the benefits of buying "american made"

You might be interested in this recent experience by Snapper (lawn equipment). I know who will get my next look for a lawnmower:

http://www.fastcompany.com/magazine/102/open_snapper.html

Wal-smart where America goes for cheap plastic junk.

~HAP

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Hap's reply is exactly why I do not believe for a minute that Walmart has one shred of integrity and could care less about who has the "pill" or not.

when Walmart was first beginning its surge to the north and began the Super stores how did they attract the consumers?

"American made "signs had been displayed All over the place in the stores and they ran a media campaingn with the flag and good old White bread Americans in a freaking 4th of July parade for YEARS.

At the same time forcing American, manufacturies out of business and/or into China's arms with their cut throat my way or the highway policys and unreachable contracts.

they got away with this lie in advertising for a good long time and have now begun to saturate the Northern states as well.

good or bad? I do not know. They certainly have impacted our economy and have enough power now to dictate just about anything they want.

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Is walmart 'good' or'evil'?

I dont know.

My wife follows the debate of which pharmacys sale the pill and which one's will not. She insists that we never shop at any drug-store who will not fill any prescription. ["If a doctor write's it, then who is a pharmacist to deny you"] She has attended 'Woman's Right marches" etc.

I think that so long as we have other pharmacys around [and now with WWW-pharmacys everyone has acess to them]. then who cares? I would say, however that if any pharmasist ever took my script, refused to fill it, and then refused to hand it back to me [so that I could walk it over to another drug-store] I would seriously consider filing a police report for larceny.

As far as Walmart squeezing Mom and Pop businesses out of business, we are often called a captalist culture. Invent a better mouse-trap and you will have the American dream! So if you can figure out a better way of doing a commercial store-front then go for you. What about Amazon? and now E-bay with all it's store-front offerings? If you stay in the mentality of operating an 1800's general store, then your not able to compete with a modern business model. That is capitalism, and we are suppose to support that!

I wish we did have more protective tarrifs, and that we held manufactering jobs and engineering jobs, etc; right here in the good old USA. But Slick Willy got rid of any hope to hang on to jobs or businesses.

:)

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