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Wal-Mart Sues Disabled Ex-Employee

CNN
Posted: 2008-03-29 09:54:15
Filed Under: Nation News, Law News
JACKSON, Missouri (March 29) - 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.

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.

2008-03-29 08:37:19
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frox103102 12:10:37 PM May 24 2008

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With all this drama, people still shop there. The same people who bash Wal-mart are their most loyal shoppers because they can't afford to go anywhere else. How sad...

hvnspirt 02:08:16 AM May 09 2008

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Its all about money read this in the canton ohio peaper ljays 12:27 AM on May 9 2008
I doubt you will print this I have these conditions Neuropathy. lung disease, a heart condition, arthritis, neurological my husband has a brace hade both hips replased.so i hope when these people see us with are canes weelchair exc. these people who are sposed to help but only help themsalf all you Certified nurse. practitioner, clinical nurse, specialist, anesthetist and midwife;should be a shame to give these out to one another. and to lazy and overweigh people who dont want to walk. let me tell you. we me and my husband would give up our Handicap Parking Stickers anyday to be able to walk like you. and i no we would park faraway . its about time something done leave the dignostis to the doctor. T Y. people dont care even the ones you go to church with christans stand up,you go across the world to Asia, Africa, the Middle East but wont help your neighbor.Definition. A fellow human.Luke 10:30-37.

hvnspirt 02:07:31 AM May 09 2008

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Its all about money read this in the canton ohio peaper ljays - 12:27 AM on May 9, 2008
I doubt you will print this I have these conditions Neuropathy. lung disease, a heart condition, arthritis, neurological my husband has a brace hade both hips replased.so i hope when these people see us with are canes weelchair exc. these people who are sposed to help but only help themsalf all you Certified nurse. practitioner, clinical nurse, specialist, anesthetist and midwife;should be a shame to give these out to one another. and to lazy and overweigh people who dont want to walk. let me tell you. we me and my husband would give up our Handicap Parking Stickers anyday to be able to walk like you. and i no we would park faraway . its about time something done leave the dignostis to the doctor. T Y. people dont care even the ones you go to church with christans stand up,you go across the world to Asia, Africa, the Middle East but wont help your neighbor.Definition. A fellow human.Luke 10:30-37.

hvnspirt 02:05:34 AM May 09 2008

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Its all about money read this in the canton ohio peaper ljays - 12:27 AM on May 9, 2008
I doubt you will print this I have these conditions Neuropathy. lung disease, a heart condition, arthritis, neurological my husband has a brace hade both hips replased.so i hope when these people see us with are canes weelchair exc. these people who are sposed to help but only help themsalf all you Certified nurse. practitioner, clinical nurse, specialist, anesthetist and midwife;should be a shame to give these out to one another. and to lazy and overweigh people who dont want to walk. let me tell you. we me and my husband would give up our Handicap Parking Stickers anyday to be able to walk like you. and i no we would park faraway . its about time something done leave the dignostis to the doctor. T Y. people dont care even the ones you go to church with christans stand up,you go across the world to Asia, Africa, the Middle East but wont help your neighbor.Definition. A fellow human.Luke 10:30-37.

hvnspirt 02:04:21 AM May 09 2008

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Its all about money read this in the canton ohio peaper ljays - 12:27 AM on May 9, 2008
I doubt you will print this I have these conditions Neuropathy. lung disease, a heart condition, arthritis, neurological my husband has a brace hade both hips replased.so i hope when these people see us with are canes weelchair exc. these people who are sposed to help but only help themsalf all you Certified nurse. practitioner, clinical nurse, specialist, anesthetist and midwife;should be a shame to give these out to one another. and to lazy and overweigh people who dont want to walk. let me tell you. we me and my husband would give up our Handicap Parking Stickers anyday to be able to walk like you. and i no we would park faraway . its about time something done leave the dignostis to the doctor. T Y. people dont care even the ones you go to church with christans stand up,you go across the world to Asia, Africa, the Middle East but wont help your neighbor.Definition. A fellow human.Luke 10:30-37.

jackyrobet 01:42:28 AM Apr 18 2008

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I just get this news, people on a celebrity and millionaire dating site called
myrichmatch.com
have been talking about it. It's said there are lots of models or even Hollywood star on that site. The rumor says Charlie Sheen found his love on that site last May.

bizor 06:08:34 PM Apr 11 2008

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Just another example of what our country has become. ITS ALL ABOUT THE MONEY. Between paying large corporations outrageous prics for everything and contracting work out of our country, we also have to pay for all the illega aliens who come across our borders for "the better live". Who wouldn't want it all. But, in the long run someone has to pay. Unfortunetly we do. Not the government, we the people. I have no problem with those who want to come to our country and follow the rules. But, that isn't the case. I see it every day, and it angrs me. But, our government leaders want what is politically correct. That's a bunch of hogwash as well.

aleighcat 02:47:56 AM Apr 05 2008

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monroelaw:

I agree wholeheartedly with buying clothing (and everything else) made in America................the trouble here, is...I can't find anything bearing such a label! What are we to do? Run around naked? Even if you were to buy your own material to sew your own clothing, chances are it came from elsewhere! They kind of have us by the shorthairs, here. A lot of my family hails from Appalacia, and are pretty much self-sufficient. I guess it's time for me to raise my own sheep, card the wool, and spin it into thread to make my own clothing...at least I know that it would be 100% American made! LOL!! Maybe not as fashionable, but I'm ready to give that up if it means buying here! Everywhere I look, no matter the store - clothes are made in Bangledesh, Pakistan, or Sri Lanka. Everything else? Usually China.

rkess31399 12:20:00 AM Apr 05 2008

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I'm tired of my tax dollars going to help non-insured or under-insured employees of Wal Mart and other wealthy "American" companies. I will never shop at Wal Mart!

joeshmo3993 11:48:35 PM Apr 04 2008

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Her lawyers got $680,000 in the initial suit. I think her lawyers who should know the law and should have gotten a payment to cover her true expenses are at fault for settling for less than what she needed to cover her health expenses and long term care.

What about her scumbag lawyers who got almost 70% of her settlement?

Sure Walmart is scum but thats how they make their money; off the poor.

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