Family Forum / Parenting / Parenting / March 2008

Legally, they are in the right, but where is that compassionate
Walmart they want us all to believe exists?

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

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, but
in 2005, Wal-Mart's health plan sued the Shanks for the same amount.

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.

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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.