Posted on Mar-26-08 at 12:39 PM (Eastern) by 96.250.17.212

This is from CNN: Does walmart really really REALLY need the money this badly???? This story truly sickens me.

JACKSON, Missouri (CNN) -- Debbie Shank breaks down in tears every time she's told that her 18-year-old son, Jeremy, was killed in Iraq.

Even though the 52-year-old mother of three attended her son's funeral -- she continues to ask how he's doing. When her family reminds her that he's dead -- she weeps as if hearing the news for the first time.

Shank suffered severe brain damage after a traffic accident nearly eight years ago that robbed her of much of her short-term memory and left her in a wheelchair and living in a nursing home.

It was the beginning of a series of battles -- both personal and legal -- that loomed for Shank and her family. One of their biggest was with Wal-Mart's health plan.

Eight years ago, Shank was stocking shelves for the retail giant and signed up for Wal-Mart's health and benefits plan.

Two years after the accident, Shank and her husband, Jim, were awarded about $1 million in a lawsuit against the trucking company involved in the crash. After legal fees were paid, $417,000 was placed in a trust to pay for Debbie Shank's long-term care.

Wal-Mart had paid out about $470,000 for Shank's medical expenses and later sued for the same amount. However, the court ruled it can only recoup what is left in the family's trust.

The Shanks didn't notice in the fine print of Wal-Mart's health plan policy that the company has the right to recoup medical expenses if an employee collects damages in a lawsuit.

The family's attorney, Maurice Graham, said he informed Wal-Mart about the settlement and believed the Shanks would be allowed to keep the money. Watch this couple's story »

"We assumed after three years, they [Wal-Mart] had made a decision to let Debbie Shank use this money for what it was intended to," Graham said.

The Shanks lost their suit to Wal-Mart. Last summer, the couple appealed the ruling -- but also lost it. One week later, their son was killed in Iraq.

"They are quite within their rights. But I just wonder if they need it that bad," Jim Shank said.

In 2007, the retail giant reported net sales in the third quarter of $90 billion.

Legal or not, CNN asked Wal-Mart why the company pursued the money.

Wal-Mart spokesman John Simley, who called Debbie Shank's case "unbelievably sad," replied in a statement: "Wal-Mart's plan is bound by very specific rules. ... We wish it could be more flexible in Mrs. Shank's case since her circumstances are clearly extraordinary, but this is done out of fairness to all associates who contribute to, and benefit from, the plan."

Jim Shank said he believes Wal-Mart should make an exception.

"My idea of a win-win is -- you keep the paperwork that says you won and let us keep the money so I can take care of my wife," he said.

The family's situation is so dire that last year Jim Shank divorced Debbie, so she could receive more money from Medicaid.

Jim Shank, 54, is recovering from prostate cancer, works two jobs and struggles to pay the bills. He's afraid he won't be able to send their youngest son to college and pay for his and Debbie's care.

"Who needs the money more? A disabled lady in a wheelchair with no future, whatsoever, or does Wal-Mart need $90 billion, plus $200,000?" he asked.

The family's attorney agrees.

"The recovery that Debbie Shank made was recovery for future lost earnings, for her pain and suffering," Graham said.

"She'll never be able to work again. Never have a relationship with her husband or children again. The damage she recovered was for much more than just medical expenses."

Graham said he believes Wal-Mart should be entitled to only about $100,000. Right now, about $277,000 remains in the trust -- far short of the $470,000 Wal-Mart wants back.

Refusing to give up the fight, the Shanks appealed to the U.S. Supreme Court. But just last week, the high court said it would not hear the case.

Graham said the Shanks have exhausted all their resources and there's nothing more they can do but go on with their lives.

Jim Shank said he's disappointed with the Supreme Court's decision not to hear the case -- not for the sake of his family -- but for those who might face similar circumstances.

For now, he said the family will figure out a way to get by and "do the best we can for Debbie."

"Luckily, she's oblivious to everything," he said. "We don't tell her
what's going on because it will just upset her.

• sooo very sad...I too,,,HATE that store....I RAREL..., kellysp6637, 01:38 PM, Mar-26-08
• But shouldn't her attorney for her PI case have to..., Sara_s_Mom, 04:41 PM, Mar-26-08
• I agree, since last year when they beat up that ho..., glennie58, 04:42 PM, Mar-26-08
  • Walmart was not doing right by there employees. I ..., sillywilly526789, 05:00 PM, Mar-26-08
• Heartbreaking ....., hudge4, 07:13 PM, Mar-26-08
  • I worked for Wal-mart for 2 year in their Cash Off..., cashcoll, 07:19 PM, Mar-26-08
    • I worked for Wal-Mart for almost 5 years, upallnightintexas, 07:55 PM, Mar-26-08
• This is so sad..., ptmama525, 10:46 PM, Mar-26-08
• READ! walmart DROPPED the case! :), pussecat, 07:41 AM, Apr-02-08
  • Glad they did the right thing., Quietwaters, 08:32 PM, Apr-02-08
• I just found out..., Arizona, 11:26 AM, Apr-02-08
  • Thanks Arizona, that's exactly what I said.... , Sara_s_Mom, 06:37 PM, Apr-02-08
    • I posted my note before reading your post., Arizona, 12:09 PM, Apr-03-08

Posted on Mar-26-08 at 01:38 PM (Eastern) by 64.12.116.68

I've heard other stories regarding their employees and health benefits....that company should be ashamed of themselves.....sooo very sad.

Posted on Mar-26-08 at 04:41 PM (Eastern) by 71.253.192.172

It is not uncommon for your normal insurance to refuse to pay for workers' comp injuries or be able to recoup if you do get money if they footed the bill. I feel for the family, I really do, but please don't forget that the health plan has a fiduciary duty to its other plan participants to follow the letter of the law. That does not mean that the company itself cannot fork out that money or shuffle it around to avoid neg PR.

Whomever is acting as her guardian is duty bound to follow suit to get money for her care. The plan administrators are duty bound to go after that money. I don't blame Walmart here, I blame her attorneys for not building that scenario into the settlement amount. I used to work for lawyers and let me tell you, when clients had long term medical problems, they didn't get money up front, but they did get an annuity with the money in there to pay for the expenses, totally set aside from any other settlement for Pain, suffering, etc. I think her lawyers screwed up big time here if you ask me.

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Posted on Mar-26-08 at 04:42 PM (Eastern) by 71.206.76.186

the way they treat their employees should tell us all something...

Posted on Mar-26-08 at 05:00 PM (Eastern) by 64.12.116.68

Walmart did not have to do this. A multi-billion dollar company was not looking out for the best interests of their employees by seizing this person trust fund. This company as with many other companys dolls out a certain amount to whatever set company and that company pays claims from the amount of money dolled out to them. Walmart has and had the ability to look at the circumstances and bypass seizing her trust fund. It was not as if the trust fund was set up for them to take cruises and travel around the world. This money was put in the trust to provide for her future medical expenses. Which likely will be in the millions of dollars. This isn't a matter of what fine print is in their health plan. This is a matter of the company doing what is morally right.

Walmart has despicable business practices. I am not saying other companies don't but WalMart is pretty much at the top of the list.

JMHO

Posted on Mar-26-08 at 07:13 PM (Eastern) by 67.150.141.47

The level of greed the Wal-mart displays is disgusting. This is but one story of thousands. Personally, I will not/do not shop there because of the way they treat their employees and their lack of ethics in the business and global community.

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Posted on Mar-26-08 at 07:19 PM (Eastern) by 76.213.136.150

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Posted on Mar-26-08 at 07:55 PM (Eastern) by 71.96.234.242

I finally left after being hounded by a one woman who I worked with... I use to put up with comments like... Your Stringy White A**, Can't you do something with your hair, your pants are too tight, etc.... I put up with it for 4 years and the store manager knew about it, but it is actually a reverse case here and I just quit... Best thing I ever did... they are not a very nice company to work for... I do not shop there, and I still own stock and my pension through them.... but I would never support them... they are a very greedy, discriminating company...

I feel for this lady, because they will get nowhere with Wal-Mart, when the last CEO was ousted, the new one is even worse...

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Posted on Mar-26-08 at 10:46 PM (Eastern) by 75.89.185.194

: (

Posted on Apr-02-08 at 07:41 AM (Eastern) by 24.127.234.37

http://news.aol.com/story/_a/wal-mart-drops-fight-against-woman/20080402064509990001

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Posted on Apr-02-08 at 08:32 PM (Eastern) by 64.136.27.226

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Posted on Apr-02-08 at 11:26 AM (Eastern) by 68.231.9.121

from a law firm that most health care plans have the right to demand reimbursement for the medical payments that they paid out when there is a settlement from another insurer...as in the case of this auto accident.

I was surprised to hear that. I think the attorney representing this lady should have known that. Looks like there were alot of attorney fees if out of a million the lady ended up with less than half.

Posted on Apr-02-08 at 06:37 PM (Eastern) by 72.82.67.248

Her attorney should certainly have known and that should have factored into the settlement. I am telling you, I worked for an attorney who did workers' comp and he always checked!

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Posted on Apr-03-08 at 12:09 PM (Eastern) by 68.231.9.121

You did say that exact same thing. I was really outraged by that initial post so did research myself. Well, now it has been said twice and that is a good thing for all of us to know.

We always think that professionals that we hire are protecting us...doctors, lawyers, etc. I think it is so important that we educate ourselves with as much info as possible and not rely on everything that those professionals tell us.