A Letter From A Concerned Fan
We get all sorts of e-mails from people who have story ideas, and I liked this one, so here it is:
Hi, I know you focus on people but this corporation that netted $11 billion dollars last year sued an employee that was broad sided by a truck and left brain damaged and in a wheelchair for the rest of her life without the ability to feed herself.
Her family sued the trucking company and won $700.000 after court fees and atty fees they were left w/ $417,000 so that she could be cared for properly Wal-Mart sued her for $47,000 because there’s a provision in your insurance form when you’re hired that the insurance co has a right to collect money used for your care.
6 days after they took her money her son died in Iraq. I am appalled that these behemoths have such a monopoly on peoples lives. they could’ve just left her alone and actually look like good people.
Please share some of this with your readers I can’t remember her name but this is all over the news i’m sure you can find it easily.
Thank You for your time
Honestly, I’m sure that there are quite a few corporate-types who will be sliming their way down the path to Hell, and I’m positive that some Wal-Mart droids will be among them. While the child dying in Iraq is extremely unfortunate, and our hearts go out to this woman, it’s obviously a separate issue.
And, since you’re all so eager to start sending people to Hell today, here’s a poll for you to whet your appetite with.
Does Wal-Mart deserve Hell?
- Yes - Evil corporate bastards! (91%, 167 Votes)
- No - I need my $2.92 5-pound jars of pickle relish! (9%, 17 Votes)
Total Voters: 184
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18 Comments »
Where’s the poll? I wanna send walmart to hell. If a chain was ever deserving of a spot, they are.
Anything to keep the costs low & profits high!
I wonder ifthe attys cost more than what they recovered?
probably but they’ll consider it an acceptable loss as long as they take all of that poor woman’s money
business is business
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.”
“this is done out of fairness to all associates who contribute to, and benefit from, the plan.”
Doesn’t sound to me like the same people who are contributing are the ones who stand to benefit from it. They should say it’s being done in fairness to the people who are contributing, and their company, who is benefitting.
Kind of like how they’ve been benefitting from being at the gov’t's free feeding trough. i’m surprised that WalFart even has an insurance plan for their employees. Aren’t they the dirtbags who sign their new employees up for gov’t services, at the same time they’re giving their new hires less than fulltime hours so they can pass off the costs of ‘benefits’ onto the gov’t's back?
The only ‘success’ story in all of this is that Sam Walton was successful at pretty much raping the public… and then charging them for the service. Walmart and Sam’s Club have put so many family-owned businesses under, has had their stores paid for by free-city-rides on land and taxes, and daily rips of the American public on cheap crap that they ripped some child-worker in a third-world country to produce.
I have had the extremely good fortune to have never once shopped at the Walmarts here, or the Sam’s Club, and hope I never will.
c
I am not in favor of what Walmart did in this case at all. However, I hate to say it, but I will still shop there. I can’t afford to keep the local grocer in business. He charges $7 for juice, where Walmart charges less than $3. Being a single mom, my dollars only go so far. /shrug
I am by no stretch of the imagination a fan of WalMart – in fact, I’ve been boycotting them for more than 20 years. However, they are entitled to recoup their loss. Shanks are essentially trying to double dip. Why should they take Wal-Mart’s and the insurance companies money?
Wal-Mart has an obligation to legally minimize their losses. It’s unfortunate that the Shanks have to suffer, but the wants of the many outweigh the needs of the few.
The American people apparently fully support and endorse what Wal-Mart is doing, otherwise Wal-Mart would not be in business. If Wal-Mart is so awful and mean and evil, put your money where your mouth is. Don’t spend your money there.
My little boycott means nothing to Wal-Mart, but I do what I can not to contribute to their bottom line. If everybody did instead of just whining about the big meanies maybe they would go away.
Miwist- yeah…. kind of like complaining about the whore down the street… but then saying- ‘But she only charges $10 for a BJ, and all the other whores charge $20′. Instead of just avoiding whores.
The reason juice may cost $7 at a local Market (where exactly is this pricey mkt, anyway? France?), whereas WalFart cost only $3…. is because family-owned businesses don’t have the city giving them free land, or free tenancy, or no taxes. Family-owned businesses hire fulltime workers and pay their taxes, benefits and health insurance. Family businesses specialize. They don’t try to consume every other business in a 20 mile radius. Walmart and it’s ilk have bankrupted grocery stores, floral stores, clothing stores, sporting stores, furniture stores, camera stores, phamacies, because they banked correctly on America back-stabbing all their local establishments in order to save 10cents. Saved 10 cents, but sent how many former fulltime employees to the poorhouse in the process.
NOBODY needs at least 75% of all the cheaply made crap that the WalFarts of America are selling. Most millionaires did not ‘earn’ their million, they saved their million. Put otherwise, they are/were thrifty. By not buying a bunch of disposable, useless, ‘impulse buy’ crap (which admittedly is where all these ConGloms make all their profit, and why they undercut normal product prices on staples in order to draw their victims in) that you’ll break, forget about, or throw in the garbage next week, try just buying items on your LIST, like every financial advisory site tells you to. Then you can shop at the MomAndPop stores. Unless you’re shopping at ‘WholePaycheck’, I can’t see how juice could possibly cost $7. (Hint- my orange tree takes about 5 minutes a week to water. Having your own vegetable garden not only saves you money, but it gets your ass up off the couch a few minutes a week, so you won’t NEED that expensive gym membership.
I worked for 8 years at a local pharmacy that had been in business since the 1930′s, due to being forced out by the local Rite-Aid’s undercutting prices. They were cheaper on meds, but more expensive on everything else, and have NO customer service. You’d guess correctly that I’m glad the StarBuck’s that put the local Olive-Tower Cafe (In business for over 30 years, with a .75 cent cup of Joe) out of business is now closing. Too bad StarBuck’s is having to curb their over-saturation and abuse of city/gov’t freebies now. Once again, it’ll be at the expense of the neighborhoods, locally owned businesses and their own employees- all of whom padded Starbuck’s pockets. Now they’re having to stash their profits and run. Hopefully, soon enough, WalFarts and the like will have to do the same.
___________________
On another note, there’s something sad about having to hire an atty to receive insurance benefits. IIRC, the total eventually payable was a million? Of which, the disabled woman was to receive 400 some-odd thousand? What’s wrong with this equation? o_O
c
It is disgusting that her attorney got more than half of her settlement. There is no way they even deserve half of that. Where’s the option to send the lawyer to hell?
As far as shopping at Walmart, sorry, but my options are limited. It’s not my responsibility to keep the local grocer in business. It IS, however, my responsibility to see that my children are well-taken care of, including being fed 3 meals and snacks every day. Given that priority I go to where my dollar stretches farther. That would be Walmart. My budget is what it is. I don’t impulse buy and stick to my list. I don’t buy premade or pre-chopped items. I do almost all the things I can to save money.
Oh, and as far as having my own veggie garden or fruit tree……I live in a trailer park. The rules here state no veggie gardens or fruit trees / shrubs etc. So growing my own is not an option.
glorybug has it right at the end; think about all the lawyers, fat, filthy, RICH bastards.
your state taxes are being wasted by retaining fees for inmates on death row. it is cheaper to keep someone in jail for life (and i mean life, no early release) than it is to pay for their legal services that they receive even if they choose never to appeal.
i know many of you think the death penalty is the way to go, but consider putting these greedy, grubbing leachlawyers out of business and abolish the death penalty. spend the money on a penal colony for sex offenders, correcting a crazy (thanks lawyers) legal system, keeping perps locked up for good, and figuring out how to teach people that we are not entitled to whatever our sick hearts fancy at the expense of everyone else; that we must respect each others liberties.
i wish people would stop suing for coffee that is too hot (would she not have sued if it was too cold?), parents that raise a child that has 2 dui’s before the tender age of 19 only to sue the city, bar, friends, etc because their precious alcoholic child died from alcohol poisoning on her 21st bday. is every mistake a person makes a chance to profit? lawyers seem to think so.
sorry, i think walmart and their insurers, although within their legal rights, should have realized that the suit was no cash cow for this family that must keep her in care until she passes. i would like to be certain that her insurance coverage continues until she is no longer in need and then it could possibly be considered fair to recoup losses; i doubt they will pay for her care forever if they are even paying now.
sorry for the rant, it being off topic mainly.
I shop Taret Super stores. They have better quality merchandise, and the prices seem fair. Not sure if Target has been a jrk to any of their employees or not, but if they had, I would definetly get some of my friends and community together to make a statement. The reason these types of things happens and will continue to happen, is because people are so busy (myself included) with their own lives that they rarely stop to help some one else. The black and latino communities tend to be good at doing this. A little bit of unity could go along way. I ‘d bet that if everyone in the community that this lady lives in boycotted that Wallmart for at least a month, Wallmart would loss more thatn the amount they sued their employee for. I dont know, just something to think about.
Penny- I honestly haven’t heard much bad stuff about Target. And, in our community, they ended up taking over in depressed beighborhoods that didn’t have much going for them at the time, rather than our city-subsidised placements of WalFarts or Starbucks. At least here, Targets did not try to displace businesses (as there weren’t many businesses left in those areas), and they didn’t lobby to get free land/free taxes/subsidies from our city. They also didn’t try to get around the environmental impacts that all the WalFarts/SamsClubs and others have.
We recently had some freakishly stupid subsidized deal that Donald Trump was trying to push here…. to buy up a bunch of undeveloped land and put yet another unneeded golf course here. I’m sure all the deer, coyote, foxes, herons, kangaroo rats, hawks, etc. who actually live on these tiny undeveloped pockets were pretty happy. Not for long. Mr Trump is trying to renegotiate. He wants our city to donate him the land for free, waive environmental impacts, freedom from taxes, and financing for the development. Not to mention free diversion of our water, when we live in an effin desert, and shouldn’t be wasting our water on yet one more golf club for millionaires. Trump is a brainless, selfish loser, in my book.
I get flyers in my mail every week from stores I never shop at, including WalFart, and I do not see that their prices are any better than any of the other big congloms I refuse to patron. In fact, I have seen numerous consumer reports that compare the prices of the most common 100 ‘shopping’ items, and Walmart did no better than any MomAndPop overall. It is very easy to google that.
As far as having your own spacious garden, anyone can grow veggies on their front or back porch, on a small patio, or even in their house or windowsills. Many vegetables do well in containers. I grow a lot of my produce in pots rather than a large plot. Container gardening is actually well-suited for people like myself who have medical problems that aren’t helped by a lot of stooping. And you can grow a lot in a small space… and even inside your house.
Unless, of course. you like the convenience of spending tons more by buying things you can grow for free.
I rather agree with Miwist. I don’t care much if other people shop at Walfart. i have a pretty low tolerance for hearing WalFart shoppers who agree that they are nasty places… yet claim they can’t get their bargains anywhere else.
I do find it amusing/annoying that so many conglom and WalFart shoppers apologize for shopping there, or make a point of trying to rationalize it because of the supposedly (manipulated and non-existent) ‘deals’ and ‘sales’.
Exchange the word ‘WalFart’ with ‘Nazi’, and things get a bit clearer. I don’t personally LIKE the Nazis, and disagree with many of their core beliefs, but they really DO provide the cheapest Jew labour you can find. I can’t get MomAndPop Jews for that price anywhere else.
JMO, but once you start rationalizing/apologizing for the things you buy and the places you shop, maybe you should examine why you shop there at all.
How much something costs doesn’t really reflect it’s worth, you know? A lot of expensive, so-called quality items are a piece of shit. And just because it only cost a little bit of pocket change to buy slaves- vs paying them or someone else a decent wage… can hardly be called moral. And people somehow managed to do just fine being forced to pay reasonably for services once their free slave gravy train was made ilegal.
c
c
I agree with HarpyLady when she says it’s not her job to keep the local Mom and Pop in business.
I’ve been working retail for 27 years, and I have a pretty clear picture of how it works all the way from manufacture to the consumer, and how decisions are made for everything from product placement to
(Seems like every time i use my laptop I accidently hit submit) finding a site for a new store. WalMart has never been one to fuck around. They got big by creating legal monopolies. They would go into small towns, provide jobs, services, and products at a lower but fair market price while driving the little guys out of business. Soon, they were the only game in town. People trying to stretch a dollar had little choice.
As they expanded throughout the smaller markets, they were able to increase their buying power and demand more from their suppliers and exert a little more pressure on larger markets with the promise of jobs and tax revenue. WalMart isn’t the only one that benefits from their presence.
All decisions concerning WalMart are based on one criteria – money. Your decision to shop there, the local government allowing WalMart to build a store, WalMart wanting to put a store in. Since all decisions are made because of money and we live in a capitalistic society, why are we surprised when WalMart tries to collect $470,000.00.? It would be grossly irreponsible of them not to. They have an obligation to make a profit, and as a result of their profit the community wins with increased revenue from jobs and taxes.
It’s unreasonable for us to expect them to act any differently. They are not in business to make sure every house in America has stuff in it. They are in business to make money. They fulfil the need of the American people to have stuff and we fulfil their need to make money.
People need to quit bitching and whining about how greedy WalMart is, or any other retailer is. Look at the stuff around your house – it’s because of YOU that WalMart is getting bigger and stuff is being imported from China, and manufacturing jobs in the US are being lost. And I wouldn’t be surprised if Shanks think WalMart should pay because WalMart can afford it. Ultimately, any money the Shanks would get from WalMart come out of your pocket in the form of higher prices.
reminds me of an old joke.
what’s two lawyers in acid?
a good start!
can’t think of a simmilar one for WalMart though, shame really, as they deserve the same.
Well, Wal-Mart has decided to back off, due to the intense public pressure that made the news nation-wide. Here’s the PR fluff that a Wal-Mart suit spewed forth.
“Occasionally, others help us step back and look at a situation in a different way. This is one of those times,” Wal-Mart Executive Vice President Pat Curran said in a letter. “We have all been moved by Ms. Shank’s extraordinary situation.”
Well I just have to say, That it is NOT wal-mart that is doing it to her. It is the insurance company that they have. Now as sad as it may be, It is not wal-marts fault. She is the one who signed the contract. And sorry to say but yes MOST insurance companies do that. Its the small print that nobody reads. People need to read the fine print better and not just sign something. As sad as this story is, I think it is wrong to target the middle man. Go for the insurance company, Not the company that offered the insurance.