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Wal-Mart Stinks.

Friday, April 4th, 2008

Yes, they stink for endless reasons, such as the way they’re anti-union, pay their employees sub-par wages , peddle cheesy Chinese goods,put whole towns out of business through sleazy business practices, etc. But that’s not the topic of this post; Debbie Shank is.

Debbie Shank breaks down in tears every time she’s told that her 18-year-old son, Jeremy, was killed in Iraq.

The 52-year-old mother of three attended her son’s funeral, but 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.

 

 

“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.

…..

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

…..

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.

…..

 

Of course after all of the negative media publicity Wal-Mart changed its mind and decided it wouldn’t be such a good idea to exploit Deborah Shank to recoup their health insurance payout. The power of the press was on the victim’s side this time and Deborah Shank will be able to keep her small settlement (which is, from what I’ve read, barely over $400,000 after legal expenses and other fees).