Fuck Wal-Mart; Protest!

[Forte]

Source of story

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.

he 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 utterly disgusts me. I'm going to get some people from around my town to protest outside of the Wal-Mart in my town. I'm saying this so that other people may do the same thing; the middle-class of America is being stepped on and trampled over by unjust tyrants crazed for money. If enough people stand up, maybe the people who obviously are blind to the wants and needs by the less fortunate will be able to see what they are doing, and who they are hurting.

[Cootie]

She should have read that fine print, its not Wal-Marts fault she didn't.

[Another-User]

One person's life gets screwed over by a corperation. BUG FUCKING DEAL. Nice corperations make less profit, and go down much faster, so it makes since that Wal-Mart didn't do anything. Your protesting won't do anything. You are insignificant compared to Wal-Mart, and you will probably go back to it in a month anyway.

[Forte]

At 3/26/08 08:45 PM, Yamor wrote: She should have read that fine print, its not Wal-Marts fault she didn't.

Are you serious? Maybe she should have read the fine print, but that's no just excuse for Wal-Mart to take money they don't need from people who do need it.

[jewdudewtf]

This is the exact reason why my family has not been going to Wal-Mart for years. Sure they giv e older people jobs, but when it comes to benefits for any of their employees, they really don't care as long as they (Wal-Mart) can make a profit off of it.

[CleansingFlame]

Yeah, protesting won't do much, since it is kinda the fault of hte people for not reading the fine print.

[Duoflippy]

Read the fine print people.

[CNRHKick]

At 3/26/08 08:43 PM, PossiblePancakes wrote: Source of story

Are you sXePhil?

[Seriana]

ONLY IN AMERICA

[KoolKat384]

As sad as that is, she (they) should of read and reread the fine print. I think adding her kid just died thing is a way to get people feel bad and go against Wal-mart.

[Raped]

You obviously haven't been in a 3rd world country. I have seen countless horrors in my childhood. However, I do feel sympathy for someone who has lost everything from a money grubbing giant industry.

[homor]

its not that black and white of a situtation you faggot.

[killslasher]

Ill help you a bit.
1 bottle of isopropyl is more than double than in the dollar store.
There lol.
But that really sucks.
DOWN WITH WAL MART!
Unfortunately,I cant help but to buy my resources at somewhere else.
Thats all,and if nowhere else has what I want.
I will have to go there... :(

[Sabotage]

Meh, she should just die. I don't see what she has to live for. She's pretty much a useless nuisance now.

[gibleto]

At 3/26/08 08:43 PM, PossiblePancakes wrote:

If enough people stand up, maybe the people who obviously are blind to the wants and needs by the less fortunate will be able to see what they are doing, and who they are hurting.

HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!!
!!!!!!-gasp-AAAAAAAAHAHAHAHAHAHAHAHAHAHA HAHAHAHAHAHA!!!!!!!!

[All-American-Badass]

But i dont know where else to get haircuts

[PornMazter]

walmart suckis thats why i shop at target

[Gein]

My dad wants to take some C4 to the superwalmart in my town.

[Mr-Contradiction]

Being a < 1% margin corporation they really do need to cut costs at every corner... The only reason Wal-Mart and most other retailers make money is because they can move product quickly... 12 cents of profit on a box of crackers (pre-tax) doesn't make a profitable business unless you sell 100 boxes a day. Thus if someone comes demanding money where they do not deserve it, they're not going to go out of their way just to make people happy.

TLDR: Wal-Mart > K-Mart

[Krbyfan1]

The first few sentences remind me alot of 50 First Dates. Where Drew Barrymore gets in a car accident and keeps living the same day of her life because her dad wants her too.

Is CNN just taking plots from Adam Sandler movies to make news now?

[DariusR]

Don't worry, I only go to Wal-Mart for groceries, clothes, some electronics...yeah basically everything.

[Icecry0]

Well. . . I'm still shopping their for groceries. They should though pay for her medical expenses, but to be honest I would rather be dead than have memory loss of some sort. Wake up each day thinking it's March, 26 but it's actully a different day each. Sucks.

[Jakeumms]

At 3/26/08 08:46 PM, WhiteDJ wrote:

At 3/26/08 08:45 PM, Yamor wrote: She should have read that fine print, its not Wal-Marts fault she didn't.

I agree. Always read the fine print beforehand.

Me too. You always need to read the fine print, no matter how small it is... :P

[thewarriorsrok]

All you need to know about wal-mart.