[Reason #7114 why Wal-Mart is an absolute monstrosity. It also certainly gives a new, yet no better, meaning to the term "shanking". Indeed, Wal-Mart prospers by figuratively shanking everything from its employees and sweatshop labor overseas to local businesses and the environment. Read, and try not to gag:]
Brain-damaged Woman at Center of Wal-Mart Suit
by Randi Kaye, CNN
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.
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.
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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."
Update (3/27): Joseph A. Palermo of Huffington Post makes this relevant to the presidential campaign, for any of you junkies who only care about things politically-related (shame on you ;):
Hillary Clinton was on the Board of Directors of Wal-Mart for 6 years. Wal-Mart paid her $18,000 each year she was on the board and $1,500 for every meeting she attended. She accumulated at least $100,000 in Wal-Mart stock. This might be the reason she refuses to release her tax records even though Barack Obama has done so. Maybe it's time we demand that she give back this blood money? Moreover, when Hillary Clinton was with the Rose Law firm in Little Rock she defended Wal-Mart against workers who tried to organize unions making the firm, in the words of labor leader Jonathan Tasini, "one of the most active anti-union law firms in the country."
Clinton's shameless posturing about the Michigan and Florida Democratic delegations is just more of the same from this Wal-Mart-loving corporate shill. She pretends to be standing for "democratic" principles while she attempts a legal trick to strip the nomination from Obama. I saw Hillary Clinton tonight on Fox News talking up her Michigan-Florida demands with Greta Van Susteran. Howard Dean and the DNC Rules Committee should simply divide the delegates proportionately between the candidates based on the over-all delegate count nationally each candidate has won after all of the primaries are over. Michigan and Florida will have a seat at the table in Denver and Hillary Clinton will not be allowed to screw the base of the Democratic Party, which seems to be her specialty nowadays. Maybe she can talk to her lawyer friends over at Wal-Mart for help in this dispute.
Maybe Hillary Clinton should visit Debbie and Jim Shank in Missouri and tell them how sorry she is for what her lovely Arkansas corporate campaign donor has done to them. Maybe she can bring along a Fox News camera crew.
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