Almost eight years ago, 52-year-old Debbie Shank was involved in an accident that left her severely brain-damaged, with little short-term memory. She lives in a nursing home, confined to a wheel chair, unable to care for herself.
She was, however, awarded $700,000 in a lawsuit against the trucking company that caused the accident. Once legal fees were deducted, the remaining $417,000 was placed in a trust to pay for Debbie's long-term care (an example of bloodsucking attorneys that could be a post in its own right).
But Wal-Mart, Debbie's former employer, claims that money belongs to them, and filed a suit against the family. And they won.
See, Debbie was enrolled in Wal-Mart's health plan at the time of the accident, which stipulates (in fine print, natch) "the company has the right to recoup medical expenses if an employee collects damages in a lawsuit." Which, I suppose, makes sense in most cases, where it wouldn't be fair for the patient to be compensated twice for the same injury.
But the Shank family isn't looking to retire to Palm Springs. They're so strapped for cash that Debbie's husband, Jim, divorced her so she could get more help from Medicaid. He himself is a prostate cancer survivor who is working two jobs and is still concerned he won't be able to afford college for his youngest son.
Oh, and did I mention that another son was killed in Iraq last year? And that Debbie's short-term memory loss is so profound that every time she hears about her son's death she grieves as if hearing it for the first time? Could this story get any more tragic?
Wal-Mart admits that Debbie's circumstances are "clearly extraordinary," and wishes they could be "more flexible," but claims they are obligated to follow their own rules "out of fairness to all associates who contribute to, and benefit from, the [health] plan."
I don't know. I think employees would be happier with some reassurance that Wal-Mart wasn't ever going to bankrupt their own families.
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