Hallelujah! Wal-Mart Sees The Light!!

Amy S.F. Lutz — Tue, 08 Apr 2008 21:02:00 GMT

Just to update you on the saga of the brain-damaged woman whose insurance settlement was awarded to Wal-Mart - her employer at the time her minivan was struck by a tractor-trailer - because of a clause in her policy: last week, Wal-Mart announced they will give up their claim on the $200,000+ left in Deborah Shank's trust, and they also stated they would change the rules of their health plan to allow for for exemptions in extreme cases, such as this one.

The announcement was hardly shocking, given the incredible public outrage at Wal-Mart's callous disregard for the plight of this poor woman - who besides being so disabled she is confined to a wheelchair in a nursing home, lost a son in Iraq. What is really shocking is that Wal-Mart's extensive marketing and PR departments couldn't see this coming a mile away. What do they pay those people for, anyway?

I just wanted to note how impressed I was by how many Strollerderby readers were so affected by this story that they decided to boycott Wal-Mart. I was especially moved by the commenter who made it his mission to go into the Wal-Mart stores in his area and explain to any employee who would listen exactly why he would never shop there again.

I don't shop at Wal-Mart because, shockingly, there isn't one close by. But I'd like to think that, even if there was one right down the road, I too would have the courage of my convictions, and take my business elsewhere.

Wal-Mart Going After Disabled Woman's Insurance Settlement

Amy S.F. Lutz — Wed, 26 Mar 2008 17:33:00 GMT

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.

cnn photo

Strollerderby : insurance settlement

Hallelujah! Wal-Mart Sees The Light!!

Wal-Mart Going After Disabled Woman's Insurance Settlement