SOUTHWEST MISSOURI INJURY LAWYER~David A. Payne has offices in Cassville and Shell Knob on Table Rock Lake
This story will probably ruin your day. It might even make you sick. This story illustrates how injured people and their families can be re-victimized by the system that was put in place to compensate them for their loss. Beware: the below story will probably cause great anger, confusion, and maybe even a little vomit to come up to the back of you mouth.
Debbie Shank from Jackson, Missouri suffered severe brain damage after a traffic accident nearly eight years ago that resulted in loss 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--one of their biggest was with Wal-Mart's health plan of which Shank was a member because of her employment with this company.
Two years after the accident, Shank and her family were awarded about $1 million in a lawsuit against the trucking company involved in the crash.
Wal-Mart had paid out about $470,000-not because of liability but rather under the health care contract-for Shank's medical expenses and later sued to recover from the Shank's their moneys expended.
NBC did this piece on the evening news covering the Shanks story.
The Shanks didn't notice in the fine print the company has the right to recoup medical expenses if an employee collects damages in a lawsuit.
The family's attorney informed Wal-Mart about the settlement and believed the Shanks would not be raided by Walmart for the moneys collected. "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.
However, and unfortunately so, the Shanks lost and Walmart won. suit to Wal-Mart.
"They are quite within their rights. But I just wonder if they need it that bad," Jim Shank said.
In 2007, the Walmart reported net sales in the third quarter alone of over $90 billion.
Legal or not, CNN asked Wal-Mart why the company pursued the money from the Shanks.
A Wal-Mart spokesman, 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 could and 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 dire. In fact, last year Jim Shank divorced his wife, so she could receive more money from Medicaid.
"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.
"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."
Even with all this said, right now, only about $277,000 remains in the trust -- far short of the $470,000 Wal-Mart wants back.
Refusing to give up their fight, the Shanks appealed to the U.S. Supreme Court and where denied. 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.
