CNN has more coverage of the incredibly sad healthcare case today. Here's the article:
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, but in 2005, Wal-Mart's health plan sued the Shanks for the same amount.
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."
Posted by Taylor - March 25, 2008 05:19 PM - Hard to Believe
I had worked for wal-mart and to say they are a family they care for the employee's is BULL they care for nothing but the all mighty dollar they care NOTHING for the employees and its a damn shame they doing the Shanks like this but hey it's wal-mart they think nothing can stop them but they will go down it might be a year or 10 years but they are nothing in my book thats why me and my family and friend do NOT SHOP THERE
Posted by Robin - March 26, 2008 06:46 PM
GO WAL-MART!!!. We as associates shouldn't have to pay for this ladies expenses. The trucking company should have to. Shame on the Communist News Network for not giving true facts. They said the company made 90billion dollars in profit which is not true. They only made 13 billion or 4% of sales. Exon moble made 40 billion in profit off almost the same sales. I think the unions are going after the wrong company and that is why I am not voting Democrat
Posted by pete - March 26, 2008 11:18 PM
Here we go again!! Debbie Shank is another victim of our political structure caught up in a law passed by our honorable politicians. The law that allows Wal Mart to sue Debbie for her medical payments was not passed by Wal Mart, it was passed by elected officials. Instead of accusing Wal Mart of wrong doing, lets send our complaints to the US Congress.
Posted by Rick - March 26, 2008 11:22 PM
Actually Pete, CNN (which is as communist as Fox is "fair and balanced") made no claim that Wal-Mart made $90 billion in profit. In fact, they quite clearly state that their third quarter net sales were $90 billion, which they were. Their fourth quarter sales were more than $100 billion, and yes, their total profit was $13 billion.
So what?!? CNN didn't lie, and this isn't about CNN, it's about Wal-Mart being EVIL! Yes, they were in their legal rights to sue for this money back, but it's just wrong. Wal-Mart has $13 billion, what do they need another $470,000 for? So Lee Scott can get his $22 million dollar bonus? On the other hand, after this law suit, the Shank family will owe Wal-mart $53,000 out of pocket (after all, they only got $417,000 from the trucking company). I think they need it more.
Lastly, most of the money they won from the settlement was supposed to be put aside for long term care, what is she going to do now?
Posted by BackStageLeftist - March 27, 2008 05:55 PM
Amazing. Looking for comments on:
allofthisforwhat.blogspot.com
Please leave your thoughts.
This is a tragedy!!
Posted by BB - March 27, 2008 05:55 PM
WalMart is destroying this country and they want us to pay the bill! Write and call them and tell them to back off!
btw - hey Pete, stop watching Fox Noise and listening to Rush Limpbough. They don't consider you or your interests of any importance. I wish there was a better way but if you don't vote Democratic you are only hurting yourself - and your family - and the family next door - and my family!
Posted by Strider - March 27, 2008 10:26 PM
I hope nothing ever happens to you or your loved ones Petey...cuz i'm sure Debbie didn't plan for any of this to happen..and you should really worry about where 90 billion dollars in profit are going as opposed to what is being done with Debbie's award.
Posted by Iza Duarte - March 28, 2008 11:15 PM
I will make sure to present the manager at the Walmart by my house with a witten statement expressing my support for Ms Shank and her husband. Walmart executives need to practice a bit more humanity and less greediness. I am sure their entire workforce would, if put to vote, would vote on favor of Ms. Shank.
Posted by vilma - March 28, 2008 11:18 PM
Hey Guys don't grumble,give a whistle and this'll help things turn out for the best...like blow the whistle on the managed care industry.Maybe we cant touch Walmart for heartlessness but we might be able to find Cigna guilty for first degree murder.After all,this is an Insurance company who is doing the recoup.Walmart claims that the company which underwrites its medical plan is the one wanting repayment ...An insurance company!Imagine that. So look on the bright side of death,especially if the CEO of Cigna does time or better.....think of it , heartlessness and greed becoming a capital crime...I can't wait.
Posted by Robin - March 29, 2008 09:53 PM
What I can't understand on this case is why don't they take the money, but makes a nice donation from the foundation to take care for her. They will do "their part" to cover their contract agreements and they do a good deed... wait a minute good deed from wal mart, is that possible? They will argue "it is not personal, is only business"
Posted by Bea - March 29, 2008 10:25 PM
if walmart doesnt do the right thing and make an exception i will ban them and my family will shop else where there are getting rediculous i'll start shopping at target
Posted by james kluck - March 29, 2008 11:38 PM
I worked for Walmart many years ago and they don't care about anything but all mighty dollar. Now anyone of you who thinks Walmart has the right to sue Debbie Shank and her family, I would like for you and your family to put yourself in her shoe's. How would you feel? Could you or your family dish out 470,000 dollars that your family used to pay for your medical needs. The average associate that works at Walmart doesn't make more that $10.00 an hour. You do the math. The average family today would find it extremely difficult to pay for the medical that Debbie requires.
Walmart is nothing but EVIL the Bible state's "The LOVE of money is the root of all evil. " An Walmart only thinks about MONEY. Debbie Shank worked for Walmart and payed for her insurance and they need to up hold there coverage and not try to find loop hole to get there money back. If you work for Walmart and you have medical insurance through them you better be careful. You never know when somethings going to happen to you and you be in the same situation!
Posted by Ida - March 30, 2008 12:27 AM
My family and I are boycotting Walmart for their lack of morals and ethics in dealing with the Shank family.
I was a long time customer of Walmart, and a recent story on CNN has destroyed my trust in the company. It disgusts me that Walmart would be so heartless toward Debbie
Shank. To go after one of their own that has obvious extraordinary circumstances is a clear glimpse for me as to the lack of moral guidance
at the company's core. This is not an issue of what is legally acceptable, this is an issue of what is morally and ethically right. Just because the law permits them to take something, doesn't make it the right thing to do. In this case, Walmart is WRONG. Walmart, as a multi-billion dollar multinational corporation, should not have pursued this permanently disabled person.
I will not frequent another Walmart as long as this injustice stands. I will also encourage my friends and family to follow my example.
Posted by Nick - March 30, 2008 12:53 AM
You are a real class act
Posted by mark a freeman - March 30, 2008 12:54 AM
The treatment this lady is getting is wrong.We are going through hell with walmart also.my husband was hurt,his entire leg,knee and all is fractured and the asst manager refused to let an incident report be done or him get treatment.he was told if he went to er on his own he would be fired.Walmart should have to care for their employees
Posted by angel - March 31, 2008 01:51 AM
Just quit shopping at Wal Mart! That simple. It can't not work. If you people really care about Debbie Shanks, you can solve the problem in one (1) day. QUIT SHOPPING THERE!
Posted by Pau Keith - April 1, 2008 07:07 AM
GO STRIDER, YOU IDIOT! VOTE DEMOCRATIC LIKE THE WALTONS. JUST BECAUSE GEORGE BUSH IS PRESIDENT IS ONLY BECAUSE THE DEMOCRATS COULDN'T FIND ANYBODY BETTER, AND THAT'S SAD. ALSO, REMEMBER WHICH PARTY CONTROLS BOTH HOUSES. IT'S PEOPLE LIKE YOU THAT'S RESPONSIBLE FOR THE U.S. BEING IN THE SHAPE IT'S IN.
NOW, I URGE EACH OF YOU TO QUIT BLAMING THE GOVRERNMENT AND HANDLE THIS SAD SITUATION YOURSELFS, SIMPLY. QUIT SHOPPING THERE.
Posted by Pau Keith - April 1, 2008 07:19 AM
You work for them, you want insurance coverage, you accidentally got caught in an accident but survived. You later sued the defendant who cause the accident and won the money to heal your pain. But they stole it from you claiming it belongs to them despite they already earn tons of cash from customers around the world already. Depsite them being a big greedy company and evil, they won their case by telling the dumb juries, lawyers, and Supreme Court lowlifes that their policy is right and clear. Then you lost your miracle, after that, you found out that one member of your family passed away by serving the country in doing what's right. Can money really mean this important to the devil, Wal-Mart and the dirt bag, the Supreme Court. I know it's the policy, but this woman is nearing her lifespan, she had only one son to rely on, her husband had to divorce her in able to find some money to support her and yet nobody care. Why can't they work together to save this woman from her misery instead of causing her more pain and suffering, she already lose her job, her ability to do anything, her insurance coverage, her future, and her family, what more could they want from her? Sorry this is a huge paragraph but I still say this kind of act is evil. I hate the word "policy" and I hate "court" but the one word I so hate the most is "greed." Of course the law is the law but making a stupid policy just so you could take money someone is relyng on is just not right even for a human being. If Mrs. Shank's condition isn't life threatening and if she earn less money in her case to heal such as a bruise or a scratch, to that Wal-Mart could take but seriously, she got brain-damage. Why take money away from someone who deeply needs them. That is just rediculous, it's like saying "so you work for me once but I told you that if you ever get sick, I'll have to collect your money so that you don't get to buy medicine to heal yourself, hahaha." You won't believe it but that's true and right now the Supreme Court and Wal-Mart are actually the ones laughing.
Posted by Jeremy - January 1, 2009 07:13 AM
walmart treats all their associates like shit.. it does not surprise me in the least
Posted by daisey - February 10, 2009 12:47 AM
the reason you pay for insurance is so when you get sick or hurt the insurance pays.
Posted by daisey - February 12, 2009 09:44 PM