Wal*Mart is evil.

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 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.

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."

Source

[Sis]

Everyone who has this insurance should opt out of it and get decent insurance. Leaving a family destitute isn't what they had in mind when they paid all that money into the insurance in the first place. They take too much from their employees, and I wouldn't shop there at all if it wasn't the cheapest place to get lots of things.

[Sister_Mom]

I can understand that "legally" WalMart is within their rights, and I can see that if they make an exception for one person they set theirselves up to have to make exceptions for others which would make them susceptible to their employees wanting all sorts of exceptions.

But why couldn't they just out of the goodness of their hearts, make a donation to help this family out? Just how many employees could they expect to have such extenuating circumstances and need this kind of help, per year?

I give a 100  and 1,000  to the husband for staying with her. Yes, a husband and wife is supposed to be there for each other no matter what, but it seems as though it is becoming all to uncommon to see people sticking to their vows when the rubber meets the road.

[Backseat Radio]

.... They take too much from their employees, and I wouldn't shop there at all if it wasn't the cheapest place to get lots of things.

Walmart is the place that finally took me in and gave me a chance at employment when others wouldn't because of my disability and lack of employment record so they're not all bad.

[Ashlee]

*sigh*  Unfortunately, Walmart will give you a job, but that's about it.  They are much better to their customers than they are to their employees.

[Sis]

I found that out when a friend of mine got hurt at work. She was treated like a criminal.

[mini]

I read this on Neatorama:

"Legally, Wal-Mart is in the right. But morally, I don't think so. There's a Wal-Mar near where I work, and I shop there quite often. But after reading this, perhaps it's time to go to Target, which is a just little farther away."

[kkay]

.... They take too much from their employees, and I wouldn't shop there at all if it wasn't the cheapest place to get lots of things.

Walmart is the place that finally took me in and gave me a chance at employment when others wouldn't because of my disability and lack of employment record so they're not all bad.

They hire people because they need workers. No offense to anyone here, but I've noticed that Wal Mart usually hires anyone who applies.

[bishopnl]

But why couldn't they just out of the goodness of their hearts, make a donation to help this family out? Just how many employees could they expect to have such extenuating circumstances and need this kind of help, per year?

That's a great idea...if they are bent on getting their money, they could collect it, then turn around and donate say, a million dollars for the long term care of the lady.  That way, everybody's happy, and it makes Wal-Mart look generous instead of the way they look now.

They hire people because they need workers. No offense to anyone here, but I've noticed that Wal Mart usually hires anyone who applies.

And isn't that a good thing for people who don't have employment history or might have trouble finding work elsewhere?

[kkay]

They hire people because they need workers. No offense to anyone here, but I've noticed that Wal Mart usually hires anyone who applies.

And isn't that a good thing for people who don't have employment history or might have trouble finding work elsewhere?

Yes, but it doesn't mean they're saints

[MelodyB]

I do love me some Wal*Mart. I am headed there in just a little while. I have two more things I need to get before my trip. Then I am DONE.


BTW...I dont agree with the way they treated that woman, but I do love the store.

[kkay]

BTW...I dont agree with the way they treated that woman, but I do love the store.

I agree. I shop at Wal Mart all the time for things I need, but don't agree with this outcome.

I do, however, understand that rules are rules even if they're stupid.

[bishopnl]

Yes, but it doesn't mean they're saints

Nope, they are far from saints....they have good and bad points. 

[Just_in]

.... They take too much from their employees, and I wouldn't shop there at all if it wasn't the cheapest place to get lots of things.

Walmart is the place that finally took me in and gave me a chance at employment when others wouldn't because of my disability and lack of employment record so they're not all bad.

They hire people because they need workers. No offense to anyone here, but I've noticed that Wal Mart usually hires anyone who applies.

That is true they hire anybody

[kkay]

Yes, but it doesn't mean they're saints

Nope, they are far from saints....they have good and bad points. 

Like everyone.

[Backseat Radio]

*sigh*  Unfortunately, Walmart will give you a job, but that's about it.  They are much better to their customers than they are to their employees.

For me I figure its a launching pad to work from to further my education and people skills.  I may not stay at Walmart permanetly but I'm glad to have some kind of job seeing as how several factories in this area have closed down putting the unemployment rate pretty high in this area.

[kkay]

That's good that you consider it a "launching pad". My roommate used to work there and the people who work there more than a few years are called "lifers" and are basically deemed by their coworkers to be unsuccessful.

(At least at the store she worked at, from her perspective)

[Backseat Radio]

There's several at the store I work at that have been there over 5 years.  How long I actually end up workimg at walmart depends really on where God directs my life.

[Chérie]

Travis and I actually wish that we could avoid shopping there, but its really impossible.

After abandoning the stores in the smaller towns in our county, they built 3 "SUPER" stores in Wichita Falls. We have a city of about 120,000 - I'm not sure why we need 3 huge Walmarts.

We try to shop at Target as much as possible - I've never really heard anything bad about their store, and the quality is so much better. The only time we shop at Wallyworld is when we need to save a buck or two.

I wish I had lived in the days of "Mom & Pop" stores, I would have certainly shopped there have avoided all the BigBoxMarts.

[EricShane]

I hate wal-mart... Its probably the worst company in the world...

I could tell you stories, (just from working in security) but Im not at liberty to discuss them

I just know, that is a Company that was at one time based on Moral Values, and now its ridiculously hypocryitical.

[Melody]

I wish I could afford to shop at small stores.....  Things like meat and produce are usually better in my meager experience than Wal-mart's

[Niki]

I hate Wal-Mart. Maybe it's just around here, but our Wal-Marts are too crowded, dirty and slow. I used to buy groceries there, but after having to wait in line for no less than 30 minutes to check out, a line that was backed up into the clothing section, I decided I had had enough. Having only three lines open on a busy Friday is just ridiculous. And it wasn't a one time thing. They always had only a few lines open. Plus, I don't like shopping in such a big place.

Food Lion costs more, but the price is worth it in my opinion. I buy what grocery items I can at Target (which is cheaper than our grocery stores) and buy the rest at Food Lion.


***edited in***

Forgot to add that I can be at Wal-Mart in about 2-3 minutes, but am more than willing to drive the 20 minutes to Target. lol

[bishopnl]

I hate Target.  Their customer service department, IMO, stinks.  If I can avoid shopping at Target for the rest of my life, then I'm gonna. 

I do agree about the groceries though...Wal-Mart is definitely NOT the best place to buy groceries.  We get ours at Shop-N-Save or a local Park-N-Shop. 

[Sis]

Yes, but it doesn't mean they're saints

Nope, they are far from saints....they have good and bad points. 

Hey! I know quite a few saints who work at Walmarts! Hee hee

Actually, I hate the fact that they drug test all the time. Not right. When my friend, a lifetime saint, got hurt, they tried everything they could to "Prove" she was high when she hurt her back unloading stock. BLAH!

I have heard stories from Target, too, but most of them were local problems in Northern Minnesota. Since the very first Target started in my home town, I just assumed they all treated their staff badly. Maybe not, though.

[Tricia Lea]

Hey I read somewhere where  Kmart that a coustomer got hurt in their store  due to an employee error cant remember what but it was the employees fault. They tried to get the coustomer to take a drug teat. They did it and the records showed it negetive but they did throw it out in court saying that wasnt right.
My guess they were trying to find a reason to not have to pay out lol