CNN: Brain-damaged woman at center of Wal-Mart suit

[babylonsister]

Olbermann deserves major props for getting this story out there.


Brain-damaged woman at center of Wal-Mart suit



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.



Debbie Shank, 52, has severe brain damage after a traffic accident in May 2000.

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.

more...

http://www.cnn.com/2008/US/03/25/walmart.insurance.battle/index.html

[merh]

1. OMG - the vultures

I can't believe these corporations and/or any jury that would rule it fair to take from a trust she will need for the rest of her life to pay back a corporation that makes billions.

:cry:

[skooooo]

2. I suspect with all this publicity....

...that woman will be taken care of. Surely there is some fund taking donations.

If Walmart was smart, they'd back off of this quickly.

[OwnedByFerrets]

3. KO brought this to the fore....

earlier this week and afaik WallyWorld has still done nothing to rectify the issue.

[babylonsister]

5. He's also maintained he's not going to let it go, so WalMart is in for

a pile of bad press if they don't do something. I don't know if they care though.

[Triana]

14. this is why many psychopaths ...

... run big corporations - they're suited for it - they have no conscience.

[HysteryDiagnosis]

4. Maybe they'll do the right thing and spend 10 million on drivers

ed programs for their present employees. </sarcasm>

Seems to me that's how corporate America thinks, at least that's what I have seen firsthand.

[ccharles000]

6. I will never shop at Wal-Mart again.

:puke:

[lynne]

7. This sad story made the forum rounds a year or so ago -

- so this isn't exactly news and it hasn't stopped Walmart. The problem here is with their attorney as he failed to consider the subrogation clause in their insurance contract and didn't allow for it in the initial settlement. The attorney should be sued for incompetence. BTW, everyone pull all your insurance policies and you'll find that the subrogation clause is in each of them. The same thing could happen to anyone. Lesson: Choose your attorney well and sue his ass when he messes up.

[MissB]

10. Exactly.

Though if the Walmart corporation had a heart (as if), they'd end it quietly.

[PetraPooh]

8. Double dipping insurance is illegal, it isn't Walmart being bad.

[Rex]

9. Why would I expect a greedy soulless corporation to show compassion?

Especially one like WalMart. - They continually abuse the employees and think of the 'workers' as ants.

[liberal4truth]

15. If you think it's bad now, just wait another 10 years. This country is ruined by the likes of

Walmart and all the other trans-national companies, who could care less.

[BadgerLaw2010]

11. That award was nowhere near enough. Did they not have a professional estimate or something?

Long-term care for someone who is completely disabled is enormously expensive. This woman could live for thirty more years and they got $1 million? :wtf: :argh: :argh:

[WillowTree]

And their incompetent attorney took $583,000 of it?

I keep waiting to see some outrage about that, but apparently there is none.

[BadgerLaw2010]

13. That is odd. Fees usually cap at 40%, and most people take 20-30.

I suppose that includes litigation costs, but Jesus.

[WillowTree]

12. Self delete.

Dup.

[DainBramaged]

16. Here is the ORIGINAL Wall Street Journal article from November of 2007

Accident Victims Face Grab for Legal Winnings
November 20, 2007

http://online.wsj.com/article/SB119551952474798582.html?mod=hpp_us_pageone

A collision with a semi-trailer truck seven years ago left 52-year-old Deborah Shank permanently brain-damaged and in a wheelchair. Her husband, Jim, and three sons found a small source of solace: a $700,000 accident settlement from the trucking company involved. After legal fees and other expenses, the remaining $417,000 was put in a special trust. It was to be used for Mrs. Shank's care.

Instead, all of it is now slated to go to Mrs. Shank's former employer, Wal-Mart Stores Inc.