Bloggers weigh in on Wal-Mart vs. Debbie Shank

I have shoped at wall-mart for the last time.

I agree, I will be happy to pay higher prices at supermarkets, rather than shop at Wal-mart.  How truly disgusting that Wal-mart can do this.  I will be making a donation to this family.

There’s a special place in hell for the Walmart bigshots. Walmart has had a reputation for a long time of exploiting it’s employees but this is a new low for them. This is equivalent to abusing a helpless child. You’d think with the money the owners make and the CEO they should not only let the Shanks keep their much needed money but compensate these poor people. Shame on you Walmart.

… I will be happy to pay higher prices at supermarkets, rather than shop at Wal-mart.  How truly disgusting that Wal-mart can do this.

Don’t let the (automatic) door hit you on the way out, sue!

bbrd;

I wouldn’t be suprised, after all the ‘flack’ that Wal-Mart is getting, to see inserted in healthcare plans, a provision, that if the claim involves a third party, payments would be withheld, until settlement is made with the third party.  If that had happened in this case, walmart’s insurance wouldn’t have had to sue to collect, because they wouldn’t have paid it out in the first place.  Who knows, they just might rule out payments in third party cases altogether, as long as they are going to get blamed for doing the right thing, for their insured participants.

In most cases, a person’s auto insurance pays for damages in an auto accident, not the health insurance, wonder why that wasn’t done in this case?  Maybe, there is more to this story than has been revealed.

Wal-mart was my first job and I admired their company . They cared about the employees and they were a family. So much has changed since Mr. Walton passed away.  This is a disgrace and I will shop anywhere but the Mighty Wal-mart.

Dear Waltons, I have been a loyal custermer for years. You really need to resolve Ms. Shanks needs. I too will drop you like a hot rock, this is a moral issue thru and thru, and an American ethics issue. I mean it, and my friends mean it, fix this issue now!

My family loves wal mart. we do our grocery ,clothes.appliances gardening etc etc etc,,,,,,We will seriously not pass through those famous stores again.This is such a PR mess, that could be settled with out that sinking feeling I get whenever I think of that poor family who has loss a son so that all the rest of us can wander around a junk filled warehouse full of crap from China. I miss the compassion of Mr B walton. I am sure he is shedding a tear ..............

Wait a minute here.  My husband works for an electrical company is part of the local union.  When I was in an accident, caused by someone else, PIP insurance paid for part of my bills and then my union health insurance paid the rest.  I was told BY MY UNION HEALTH INSURANCE that if I settle I would need to pay back any money I get in the settlement to them.  That was part of my agreement.  How is this any different than the Shank’s story?  Why should the Shanks be allowed to not pay back their money and I have to?  That’s not fair.

… I will be happy to pay higher prices at supermarkets...

Do a little comparison shopping, sue, you may be pleasantly surprised.

One of the saddest lessons of history is this: If we’ve been bamboozled long enough, we tend to reject any evidence of the bamboozle. The bamboozle has captured us. Once you give a charlatan power over you, you almost never get it back. ~ Carl Sagan

Kaitlyn: How is YOUR situation different than the Shanks? Uh,YOURE here able to blog,for starters! Are you disabled for life ? Was your husband required to divorce you to obtain benefits ? Fair,why aren’t you just grateful that you aren’t in this family’s shoes? Oh,did you lose a son in Iraq,on top of it all,too? Ever hear of the spirit of the law,in addition to the letter of the law?

I have also shopped at Wall-Mart and all the rest of the businesses it owns for the last time, unbelievable that they can go so low! Just shows you what kind of people own and run it.

The state of Missouri voted in combined tax reporting just last year,in an effort to close tax loopholes that had been bleeding the state of their rightful tax revenue for years now. WalMart has diverted millions of $$$$ from Missouri state coffers by the use of REITS(RealEstate Investment Trusts) and royalty Tax Loopholes(Geoffery Loophole)up until 2007, just as they have regularly done in other states that have not had their state legislature sign this combined reporting into state law. You would think the millions of Missouri state tax dollars that WalMart diverted away to sisiter corporations in Delaware,would have compensated many many times the $470,000.00 judgment involving the Shank family,from Cape Girardeau,Missouri.(To new bloggers,type in REITS into the WalMart Watch search engine).

my family and I have used walmart at least
once a week for the last 20 years.  We will not be shopping there again until walmart drops this heartless suit.  As I say to my children, if you don’t believe me, just watch.  We shopped at K-Mart today.

This has to be one of the most appalling examples of bad corporate judgment I have ever seen.  The amount of money that Wal-Mart will recover won’t make the slightest different to a company that size, but it will ruin Ms. Shanks and her family.

I’m making it a point to encourage people all over the Web to boycott Wal-Mart.  Care to join me?

My children and I have also been regular Wal-Mart shoppers - not out of any misguided loyalty but out of necessity.  The lower prices have kept us coming back.  Until now.  After seeing a documentary about Wal-Mart and the Walton’s and this unbelievably disgusting and sad story, I too am breaking the habit.  I, too, am sick and tired of supporting China instead of our own country.  It’s way past time for Americans to get off our apathetic butts, stand up to crooked politicians and corporate crooks, and take back this once-great country.  This is just another story about greed and power; I, for one, am done with it.  I will take my money and spend it somewhere else and tell Wal-Mart and the hypocritical Waltons where to stick their precious billions.  When is enough - enough?

I’m grateful I’m not in their shoes, but why should their case be any different than mine?  Why do they play by different rules than I had to?  So is that your stand, if you need the money then you can keep it.  If you don’t need the money then give it back?  Maybe we should just become unemployed and let someone else pay our bills because then we will be more needy.  Your logic is screwy ddrb and that’s not now our country works.

Shop K-mart or other store every time you can.

I call for boycott for 3 day period starting April 1, 2008.

watch results !!!!

Shame on you Walmart, Old Sam Walton would turn over in his grave if he knew what you Lecherous varmints are doing.  Is that little bit of money worth your long standing community relations. What if a country wide boycott takes away more money than what you stole from the poor Shank’s.  America we need to stand up against this type of big business not worried about the little man. We can fight back....in their pockets.

As too Kaitlyn’s response..........I feel for you as I think anyone shouldn’t have to pay back on a settlement. YOU PAY YOUR INSURANCE DUES AND THEY SHOULD BE RESPONSIBLE FOR THE DOCTOR BILLS.......WHY DO WE PAY THEM WHEN WE HAVE TO PAY THEM BACK, THIS IS RIDICULOUS!!!!

As for Walmart...........I think the Government should put them out of business. They rake in billions of dollars a year and NEVER pay any taxes.......THINK ABOUT IT PEOPLE!!!

I have began shopping at Dollar Stores and SAVING MONEY INSTEAD OF WALMART FOR A LONG TIME SINCE I HEARD THEY PAY NOOOOOOOOO TAXES!!!!

I AM THE BACKBONE OF THIS COUNTRY AS ALOT OF PEOPLE AND PAY MY TAXES TO SUPPORT THIS COUNTRY.........SO PEOPLE ALL IN ALL...........DO YOU THINK WALMART DESERVES ORRRRRRRRR NEEDS THE MONEY????

HELLLLLLLLLLL NOOOOOOOOOOO!!! TAKE A STAND TODAY AND BOYCOTT WALMART!!!!!!!!!!!!!!

I think you should write a blog about how Wal-Mart should be ashamed of itself for what it is doing to Debbie Shank.  I mean, come on!  After posting quarter profits of 90 billion (YES, billion with a “b"), suing a disabled woman to recoup health plan medical expenses is not exactly the way to go.  Even if Wal-Mart legally does have the right to do so, they ought to be ashamed of themselves for doing so.  A company which vehemently despises unions, offers health care at prices unaffordable to most associates, and deletes employee overtime hours does not have the best track record.  I know that after this lawsuit fiasco, I’m definitely not shopping there anymore!

AND FYI AMERICA.............WALMART IS THE NUMBER ONE CONTRIBUTORS TO GLOBAL WARMING. I SAW THAT ON THE WEATHER CHANNEL WITH SO MANY STORES WORLDWIDE STAYING OPEN 27/7......THE LIGHTS PUTTING OUT SO MUCH GASES INTO THE ATMOSPHERE THEY ARE THE HIGHEST CONTRIBUTORS...............CHECK IT OUT PEOPLE!!!

Terry,

“Dear Waltons, I have been a loyal custermer for years.”

You do know that the Walton’s NO LONGER OWN Wal-Mart don’t you?  It’s NOW a ‘publicly traded’ company owned by stockholders?  From what you said, it sounds like you think they STILL own it!!

reba,

“..........I feel for you as I think anyone shouldn’t have to pay back on a settlement. YOU PAY YOUR INSURANCE DUES AND THEY SHOULD BE RESPONSIBLE FOR THE DOCTOR BILLS.......WHY DO WE PAY THEM WHEN WE HAVE TO PAY THEM BACK, THIS IS RIDICULOUS!!!!

Do you actually know what you are talking about?  You only have to pay them back, when you collect a second time from ANOTHER insurance company, why should you think it is right (fair), to be able to collect ‘twice’, from two separate insurance companies for the SAME THING and keep the money from both insurance companies?

“INSTEAD OF WALMART FOR A LONG TIME SINCE I HEARD THEY PAY NOOOOOOOOO TAXES!!!!”

That statement, shows that you haven’t a ‘clue’!!  Guess you will believe ANYTHING that you HEAR, if you believe that Wal-Mart pays NO TAXES!!  They pay MORE in taxes in one day, then YOU pay in your entire lifetime!!

Kaitlyn,

“Maybe we should just become unemployed and let someone else pay our bills because then we will be more needy.”

Sounds like a ‘good’ idea, I know many people who have done just that, it’s a lot easier than WORKING and paying taxes!!  Just think, when you are ‘needy’, you can get ‘food stamps’, free ‘health insurance’ and assistance from many different charities, churches, and government agencies!!

Just think, because of this whole Wal-Mart thing, it may be a ‘giant’ windfall for the Shanks, once those ‘Donations’ start rolling in!!  People should thank Wal-Mart, because without all of this outrage, the Shanks would soon run out of money, (On CNN last night, they said they only had $200,000.00+ left in the trust fund), even if Wal-Mart didn’t ask for the money back!!  And, if the people follow through with their donations, they will soon be rolling in it!!

REBA-I hate to correct you, but there are only 24 hours in a day, not 27.

I have been a loyal customer at my local Wal-Mart for at least 12 years, spending 50 dollars on average per week. But no more until the ownership (Lee Scott) does something to help this poor woman. Simple enough request in my opinion.

jerry in Oconto,Wi.- They just SEEM longer at WalMart…

for reba’s comment I’m sure Debbie paid her insurance dues and if the accident had been her fault she would not owe anything now. Her husband signed an agreement with the insurance that if any lawsuit was filed on her behalf against the trucking company the insurance company would be reimbursed medical expenses paid out. This information is from an interview with him from 2005. Not once have I heard this mentioned in any interview with him in the past week.

Greed is Greed no matter what the business wal-mart, big
oil or hospitals. Morale action is no longer the creed of these
people no I will no longer shop wal-mart....

Shop at second-hand stores. You can get used stuff in a good condition at prices even lower than at Wal-Mart. The proceeds from these stores often go to support women’s shelters and needy families. Reusing what others no longer want helps the environment too.

“Greed is Greed”

Absolutly right ECR.  Greed is greed.  And in this case the Shanks are the greedy what what amounts to be filing the same claim with 2 seperate insurance companies.  Add to that their incompetant lawyers who, while taking probabably over 400k of the 1 million as payment for sub-par services, told them they probably won’t have to pay it back.  Are you kidding me???  “Probably”..... This is where the next lawsuit begins. 

Get back that over 400K from the lawyers and there is the reimbursment to the Walmart health insurance plan.

But in August 2005, Wal-Mart re-emerged with a lawsuit against the Shanks demanding repayment for $469,216 in medical costs out of their settlement. It charged that the Shanks had violated the terms of the health plan by not reimbursing it. The company also demanded payment of legal fees and interest for the cost of suing the Shanks for the money.

Mr. Graham, the Shanks’ attorney, says he approached Wal-Mart’s attorneys about negotiating a compromise, but was told the health plan wanted to proceed with the lawsuit. “We’re not contending that Wal-Mart isn’t entitled to a payment. We’re saying they’re entitled to one based on equity,” he says. Since Mrs. Shank wasn’t fully compensated for her damages in the first place, he argues, Wal-Mart should also expect only partial reimbursement.

They don’t, of course. This is Wal-mart. THEY WANT IT ALL.

Any legitimate legal reading of the insurance clause and the trial transcript would have given a normal judge ample reason to find for Shanks. There was NO evidence of double-dipping by the Shanks or a double payment by Wal-mart, therefore WM didn’t have a legal leg to stand on. But in the corporate-owned Federal courts, set up by Bush who loaded them with people who make decisions based on narrow right-wing ideology rather than settled law, a Lewis Blanton can feel perfectly free to reverse both law and common sense in order to hand Mrs. Shanks’ future over to her one-time insurance company. (Factesque,Wall Street Journal)
The above statements refer to WalMArt lawyers-WalMart has inhouse lawyers-these fees were probably written off as business expense to WalMart.

WAL-MART........ “OUR CREED IS GREED!”

If each of the million people who hit a website for Debbie Shank will send just ONE dollar, then Walmart’s heartless lawsuit won’t hurt her. WHERE DO WE SEND A CONTRIBUTION?

Betty,Go to the first page of this blog-there’s info on how to contribute at your local Bank of America,and other options,also.

ddrb,

Hate to break it to you, but there are no BofA branches in Mobile, or any other part of Alabama, for that matter.

As usual, you prove to the “crowd” that you are an expert on..............nothing!

bbrd: hate to break it to you,but I also included,"other options” in my post.

ddrb,

“Mr. Graham, the Shanks’ attorney, says he approached Wal-Mart’s attorneys about negotiating a compromise, but was told the health plan wanted to proceed with the lawsuit. “We’re not contending that Wal-Mart isn’t entitled to a payment. We’re saying they’re entitled to one based on equity,” he says. Since Mrs. Shank wasn’t fully compensated for her damages in the first place, he argues, Wal-Mart should also expect only partial reimbursement.”

In other words, what Mr. Graham (the Shanks lawyer), was saying, was ‘I botched up the settlement in this case, so why don’t you cover my BUTT, by taking LESS than you are entitled to, and screw the Wal-Mart employees, the way I screwed the Shanks’!!

Does that sound reasonable to you?

BTW: If you are heading eastward, Betty,you can go to Pensacola,on the Alabama /Florida line. I would suggest that you might want to stop in Elberta and visit the quaint museum there, on your way ,and don’t miss the charming farm that makes world class gourmet cheese,right on the premises...I believe there was a spring festival there in Elberta just a few weeks ago....there’s also one in October,too! Great German beer and bratwurst!

P.S.: If you can’t make the hour and a half drive across Alabama to the Alabama/Florida line,here is a Bank of America phone # courtesy of anonymous:---------------------------------------------------------------------------------------Bank of America is taking donations for the Debbie Shanks Fund.
If your local Bank of America does not know about this, they can contact the Missouri branch at 573 339 6500.

anonymous in
Saturday, March 29 at 11:56 PM

“Any legitimate legal reading of the insurance clause and the trial transcript would have given a normal judge ample reason to find for Shanks”

Oh, now I get it.  Every judge that has heard this case (including the appellate courts and probably even the Supreme Court because they decided not to hear the case) is incompetent.  And if not incompetent then “paid off” by Walmart and the rest of the Bush administration.  Nice conspiracy theory.  Do you know who was on the “grassy knoll” ddrb?

What it sounds like is more of a defense strategy from Mr. Graham who screwed this up in the first place for the Shanks.

“Until recently, many employers didn’t vigilantly enforce the provision, and some states and federal courts didn’t think the claim held water. But as the cost of covering workers continues to escalate, employers and health plans are getting more aggressive about going after the money. A Supreme Court ruling last year also has given them a clearer legal map to suing employees and winning.

Get that? The corporate/Bush SCOTUS, which usually acts as if it has never seen and never expects to see a situation in which it could or would find a corporate defendant guilty of anything, last year apparently gave companies a green light to steal back any money they might have to pay to settle a lawsuit in which they were at fault. They might have to steal it from a different person, but they get to take it back.

So, because businesses are becoming less concerned for their employees’ safety and well-being, there are more being being hurt or even killed and therefore more lawsuits filed against the companies’ negligence. Obligingly, the SCOTUS gives them a whole new avenue for recouping their losses - the insurance company.

But we’re not done yet. District Court Judge Lewis Blanton, a Republican from Missouri and a Bush appointee, found in favor of Wal-mart despite the fact that the money Wal-mart wanted to grab was never intended to pay Shank’s medical costs. “Factesque"2008---------------------------------------------
You may want to reread the above excerpt,or go to the web and read the ENTIRE article yourself,including the WSJ insert. WalMart will no longer be able to use REITS and Geoffery Loopholes to save millions in state tax to Missouri as it has done for yeaars now,because the state closed the loopholes last year,inaugurating combined reporting,the same year Judge Blanton ruled in WalMart’s favor.

P.S. Seems the “double dipping” has been the tax avoidance scams that WalMart has used for years-getting state tax incentives and then coming back for a second helping of write offs with loopholes--- millions of $$$ dollars in detriment to the entire state of Missouri,for years,as well as many other states, too. I would consider that unjust enrichment on a grand and callous scale.

wal-mart should have a heart and drop this law suit. wal- mart is a billion dollar company, and 470.000 dollars is just a drop in the bucket. I will not shop at wal-mart until you give debbie shank a chance to live, this is a chance also for wal-mart to show the world that they do care about people and not just their money! have a heart.

Nice ddrb… still on the conspiracy theory I see.  Here’s one for you.  The SCOTUS consists of 2 G.W. Bush appointees.  Let me repeat that… 2 2 2 2 2 2 2 2 2 2 2 2 2 2 appointees out of the 9.  And “steal back” money???? Who are you kidding!

Maybe there’s a VERY SIMPLE reason why insurance companies are pursuing claims today when they may not have years ago.  COSTS OF HEALTH CARE ARE SKYROCKETING!  And not pursuing subrogation cases amounts to nothing more than fraud where all of the pool will pay for it in the end.  Even you as a consumer of health insurance, and I’m assuming you have health insurance, benefits by subrogation vs. the practice of double-dipping to 2 insurance companies for the same claim.

btw, did you take deductions last year on your income tax filings for such things a dependents, interest, property taxes and state income taxes?  If you did then welcome to the world of “tax avoidance”, albeit LEGAL just like Walmart claims.  If you don’t like it then change the laws which some states are doing with REITS.  Then according to your theories if you’re taking tax deductions then I would also consider that “unjust enrichment” for your personal coffers at my expense.  Maybe it’s time you pay up ddrb.

Speaking of paying up,perhaps the $470,000 that WalMart will receive in reimbursement will offset the $500,000. that the WalMart Foundation gave Bill Clinton two weeks or so ago-------------------------------------------------------------------------------------Sam Stein
The Huffington Post
Clinton Foundation Received $500,000 From Wal-Mart
March 18, 2008 02:24 PM

---------------------------------------------------------------------

Lost amid the blistering pace of campaign news was the announcement, made this past Saturday, that Wal-Mart, the world’s largest retailer had donated a half-million dollars to a project of former President Clinton’s global foundation.

The donation, which was made to the Clinton Global Initiative University, will be allocated for educational purposes, including funding college students and encouraging universities to engage on issues such as energy and climate change, global health, and poverty alleviation. And they reflect what some observers say is a growing effort by the retail giant to soften its image within progressive circles.

But Wal-Mart, to a large extent, still remains a pariah among Democrats for its poor labor and environmental practices. And a donation of $500,000 to an individual so closely associated with a leading White House candidate, is more than enough to raise the eyebrows of watchdog organizations.

“We are concerned with all contributions that are this large,” said Mary Boyle, the VP of Communications at the non-profit, Common Cause. “They are typically used to buy access and influence. Now I think the question here is what is Wal-Mart trying to gain here? Are they trying to gain access and influence to Sen. [Hillary] Clinton, or do they have another agenda, which could be trying to establish a track record of doing better in the causes of global warming and human rights and poverty. So, I don’t know what they are trying to do, but certainly any contribution that large should pique interest.”

Aides to the former presidents stressed that neither Clinton nor his foundation would see a dime of Wal-Mart’s money and, subsequently, would have no reason to be beholden to the company’s political interests.

“The money doesn’t go to the foundation. It comes from the Wal-Mart foundation and it will be used to fund those student made commitments and university made commitments,” said one aide. “CGI is the entity that makes this all happen. But they don’t collect money from Wal-Mart… They are a facilitator.”

It is a point watchdog groups concede, but not something that completely alleviates their anxiety. “Is [Wal-Mart] trying to use other vehicles to give large amounts to the other candidates?” asked Boyle. “Certainly Bill Clinton’s charity provides a unique vehicle for this.”

Complicating this donation is both the lengthy history the Clintons have with Wal-Mart. While serving as first lady of Arkansas, Hillary Clinton also held a position on the Wal-Mart’s board. Her tenure, fellow board members have described, was spent pushing the company to appoint more women in management and become more environmentally conscious in its practices. But, given the company’s scorned status among Democrats and union-members, Clinton hardly ever talks about this part of her resume.

The former president, in contrast, has not shied away from Wal-Mart. According to Michael Barbaro of the New York Times, he frequently speaks to the realtor’s chief executive, H. Lee Scott Jr., about issues like health care. And he has taken on a public presence in pushing for and praising the company’s new environmental practices.

But not everyone is buying into the idea of a new-and-improved Wal-Mart. Some see donations like those the company made to the Clinton foundation as merely a ploy to distract attention from the company’s still far-from-progressive policies.

“It follows in Wal-Mart’s recent attempts to make themselves look like a responsible corporation with their environmental efforts, and then you have Lee Scott who is announcing at meetings that Wal-Mart is not sure when they will reduce their emissions,” said Meghan Scott, a spokesperson for Wake-up Wal-Mart, a watchdog group for the organization. “It is important to look at two things; whether their press releases turn into action, or whether it is simply an attempt to curry favor."---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(Remember,WalMart donated only $6,000.00 for the ENTIRE year of 2005 towards the WalMart Employees in Need Fund. The priorities are evident-wonder how much tax writoff WalMart got on this half a mil donation,if any?

ddrb;

How dare walmart donate money to a liberal foundation, (President Clinton’s global foundation)?  Just think, contributing to such terrible goals as ‘educational purposes, including funding college students and encouraging universities to engage on issues such as energy and climate change, global health, and poverty alleviation’, what a shameful thing to do.

Is there anything, that isn’t a conspiracy to you?

“what a shameful thing to do.” Yes, Charles,I agree-especially the timing of giving a half million dollars to the Clinton’s to garner P.R., political capital ,and tax writeoffs,while on the other hand ,simultaneously,demanding reimbursement from a totally helpless former employee. But then again, with WalMart ,good will is all sham,and no shame....what’s new?

Shame on you WalMart. I have two options in my small town, WalMart or Target?, Target wins. I have grown very tired of poor custom service and lack of concern over the real issues at hand. WalMart has gotten way to big for its own good and has lost sight of what got them to this place~the CUSTOMER.

WalMart needs to correct this immediately!, bad press travels like wildfire!

Shame on you!

Hello ddrb, I’m not sure where all of your anger at us comes from.  I’m emailing you to respond to some of the things you’re upset with us about.

I think the reason everyone is so upset and it touches them is because the entire country is suffering right now in some way.  Some are disables, some unemployed, some are financially in ruins, some have circumstances that none of us know about.  Just as the Shank case.  If this would not have been publicized none of US would have known about it.  I know that this family is not the only family that is suffering with tragedy, however, if we were to try and reach beyond what we would normally do to help someone, one family or one person at a time, maybe our country would get back to the way it should have always been.  I believe this outpouring of concern and compassion has triggered our nation to get back to the way it should have always been.
“Love Thy Neighbor”.  Public service, having charity and watching over each other.

This nation is screaming for someone to do something to set a precident for what is morally right, not financially right.  We have so many problems and life is hard enough to get through already.  Can’t you just let those of us who want to help and show compassion do that without all of this “negative conversation” back and forth.  I understand how you feel and respect your right to say it.  Please give those of us who feel differently the same courtesy.  I guarantee if YOU were in this situation and Walmart had done something like this to YOU, I would be the first person in your court.  The Shanks, like others deserve some comfort.  Respect us for wanting to be part of that hopefully ending result.

Also, I talked to a very nice lady at the Shank’s attorney’s office today.  Her name was Kim, and I asked why the attorneys have accepted their fees out of this case.  Kim stated that NO ONE at the attorney’s offices of Maurice Graham have accepted one penny yet.  NO ONE at that office has been paid.  Also, some people think that Walmart is accepting less in the settlement than is owed, and Kim told me that Walmart is refusing to accept less. 

Also, some people feel that putting together a donation account with the bank will allow the Shanks to obtain more money than the settlement of $470,000 or that Walmart might try and obtain part or all of the donation money.  Kim at the attorney’s office assured me that every dime donated has nothing to do with Walmart and they have NO LEGAL JURISDICTION over one cent of money collected.  It will all 0 go to the Shanks, for Debbie’s care, bills, expenses etc.  I was worried about that so I asked for myself. 

Please don’t be hateful because people want to help.  It’s the way our country should have always been from day one.  I respect your freedom to feel the way you do, can’t you do the same for those of us that have a different point of view?

I also worked for Walmart for over 11 years in a management position and was never more depressed as when I went there to work.  I know it might be hard for you to understand, but to watch grown and professional people do EVERYTHING they could to cause disharmony among their employees was very hard to take.  I finally quit and my new life had a better place of employment for me.  I have not been back to Walmart or spent one penny at any of their stores.  I DO ENCOURAGE people to boycott Walmart, to transfer their prescriptions to other pharmacies (CO-pays will pay the same no matter where you get your medicine) and to think about what their money is contributing to.  Yes, I KNOW that stockholders own Walmart now, but it’s funny to me that Walmart heirs and executives keep getting the profits and the stockholders are struggling and some working two jobs.  No one ever offered me any of the billions being split between all of them.  I would have only wanted 1 billion anyway...Why be greedy?  Right???  It makes me wonder though, what kind of owner am I anyway???

Point being...Let people help the Shanks, let them be mad a Walmart or boycott them if they are directed to do so.  And we’ll gladly let you do what you think is best.  Be nice for a day and see if it helps your inner self.  You might be surprised…

OOPS!!!!!!  MY TOTAL ERROR!!!  I absolutely apologize for my LAST posting at 1:58pm.  I misread WHO wrote WHAT.  My comments to YOU are actually directed to KAITLYN!  I apologize for my mistake.

KAITLYN, READ MY PRIOR POST.

I agree. I too have shopped at wal-mart for the last time
You Walmart big shots are greedy.  You have no heart for this woman or her family.  I feel sorry for Debbie Shank for having to go through this.  Good Luck with everything and God Bless You all

Brenda: Your gracious apology is accepted,and your courtesy is appreciated more than you know.

Wal Mart is not trying to take Shank’s money.  They are justly trying to RE-claim their own money.

On your auto policy you have personal injury protection and uninsured motorist insurance.  If you get in an accident that is the other persons fault your insurance will make sure that you are taken care of.  That is EXACTLY what Wal-Mart did even though it was NOT their fault they still made sure their employee was taken care of.  Now back to your auto policy if you sue the wrongful party and are able to collect your insurance company gets reimbursed for their expenses.  If you kept the money that was to go for expenses paid by your insurance company you are ILLEGALLY double dipping and thieving.

Now I feel sorry for the Shanks and I certainly thank them for their son’s sacrifice but, their woes and pains does not give them rights to money that is not theirs.

David,

Nice post!!  I am still wondering why the Shanks went through their ‘medical insurance’ with this, instead of their ‘auto insurance’, as this was an Automobile Accident, not an Illness!!  It just sounds strange that they went that route!!  It also seems strange, that they only settled for an amount that was WAY LESS than would be projected as her future expenses, after all, didn’t that woman who sued McDonalds in the ‘spilled hot coffee incident’ get more than the Shanks got?  I get the feeling, there is more to this story than has been released to the public!!

The bigger question is why do health plans (proved by insurance companies and self-insured entities) and lawyers get paid before the policy holders?

It’s easy to blame Wal-Mart.  How about taking the next step and writing your state elected officials and insurance commissioners and demanding legal reforms such as:  1) no lawsuits without good-faith mediation first, 2) no payment to lawyers (defense and plaintiff) without the policyholder begng paid first, and 3) looking at the cost of litigation as a part of healthcare costs.

RDS,

Maybe I’m not the one that is uninformed here. I heard on CNN that Walmart DOES NOT pay income taxes and they get back millions in refunds every year. I would think CNN is very reputable and would not risk bringing a lawsuit on them if they report wrong findings. I Googled Walmart on paying taxes and look what I found..check out this site if you will!

<A >http://online.wsj.com/public/article/SB117027500505994065-WAv3Z4GcXNsXgv1Bi_Xlvadhgpk_20070322.html?mod=msn_free<>

The same goes for The Weather Channel as I doubt they would ever mislead the public as well as risk a lawsuit if their findings were wrongful.

This is one of those NO WIN situations with the Shanks. It’s just how the little people always get backstabbed and how this country has grown and that the greedy just take advantage of people that actually pay taxes and support this country.

I am going today to contribute to the Shanks as I think they deserve it and hope my dollars will help that poor family in a time of stress. I really don’t care if they collect MILLIONS in contributions. If it will help this family in their time of need then so be it.

Jerry...........thanks for the correction of my typo but you knew what I meant lol.

Reaan in: You make excellent points.In fact, on the Crooks and Liars wevsite,a thread dated March 25,2008 deals with this Shanktragedy. The commentary section from the bloggers has some super comments-well worth a trip.

Let’s try this again-Reagan:You make excellent points. In fact,on the Crooks and Liars website-on the thread entitled “WalMart Sues SCOTUS Screws Brain Damaged Woman"(March 25,2008) ,there are some excellent commentaries from bloggers,some along the lines of your train of thought about insurance reform. IMHO,#56 in the comments section is truly interesting and discusses issues that have not been addressed here.Number #23 is worth a read,also. Perhaps you may find them of interest,too.

Reba,

“I heard on CNN that Walmart DOES NOT pay income taxes and they get back millions in refunds every year.......take advantage of people that actually pay taxes”

This is part of an old fallacy, that corporations DON’T pay any income taxes!!  Think about this, the Federal Budget is about $4 Trillion and there are about 300 million people in the country, so if only people pay taxes, each person’s share would be $133,333.00 every year, when did you last pay YOUR share?  Remember, to multiply that number by the number of people in your family!!

“I really don’t care if they collect MILLIONS in contributions.”

I hope they DO collect millions!!  They should have gotten about $5 million in their original lawsuit!!  If I had been their lawyer, I would have taken the trucker and trucking company for everything they owned!!

ddrb,

“WalMart Sues SCOTUS Screws Brain Damaged Woman”

When did Wal-Mart sue SCOTUS?  How did Wal-Mart ‘screw’ Mrs. Shanks?  If I owed you money and you asked for it back, would YOU be ‘screwing’ me?

RDS: For the love of God,that’s not what the title means-WHY don’t you go to the site and read it for yourself?

Let’s be clear on one thing I saw above—Walmart did NOT profit $90 billion in the last or any quarter.  It’s net was, I believe, around $11 billion for a recent year.  Bad enough, but not close to $90 billion.

Another note:  the Shank’s attorney wasn’t anywhere near the best on the planet.  I understand the trucking company was small and evidently had no net worth, and therefore they had to settle for the policy limits, but the attorney breached his fiduciary duty by not addressing Walmart’s subrogation rights.  It wasn’t enough to just call and tell Walmart about the settlement and forgetting about it after they said “okay” and *assuming* they’d take no action.  He should have gotten them to waive their subrogation rights *in writing*.  He also should have addressed the medical providers bills in terms of negotiating waivers or reductions. 

Depending on the effort involved to settle this case, etc., in light of her known actual damages over a lifetime, he also should have taken less than a third or whatever it was in fees.  Certainly, if he took on defense of Walmart’s suit for free, as well as appeals, that’s nice (have no idea what’s what on that score) (also don’t know what his expertise is in that area).

It’s OVER!!!

http://deepbackground.msnbc.msn.com/archive/2008/04/01/848981.aspx

Too bad the Shanks didn’t go (even) more public long ago. 

In a way, Mrs. Shank should wind up better off than had Walmart not gone after the money.  I should think the donations will add up to quite a bit, whereas otherwise she’d have depleted the trust in relatively short order anyway.

Fallen,

“It’s OVER!!!”

Not on this site, it isn’t, they’ll be slaming Wal-Mart over this for months!!

“In a way, Mrs. Shank should wind up better off than had Walmart not gone after the money.  I should think the donations will add up to quite a bit, whereas otherwise she’d have depleted the trust in relatively short order anyway.”

That is what I said days ago and was called all kinds of names for saying it, so, ‘Heads Up’!!

...they’ll be slaming (sic) Wal-Mart over this for months!!

Or until Bentonville does something else stupid and arrogant. If shooting yourself in the foot were a capital offense, Wal-Mart would be on death row.

Corporation: An ingenious device for obtaining profit without individual responsibility. ~ Ambrose Bierce

I think that Walmart has the right to persue with the law sue agianst Debbie, but they don’t have to because the almount that they want from her and her family is just a drop in the bucket for them. She is no longer walking and not capable of working just like before. I think Walmart should try to help her with more money then trying to take what she have now just to support the family. Don’t go after they because you can! She needs help!!!!!!!!!!!! Not Hurt!!!!!!!!!!!

I dont want to ever shop in Wal-mart again. I was a loyal customer but Debbie has changed my mind. I have heard all the employee problems ie: no overtime unpaid worked hours etc. But to pursue this claim against Debbie is sick. They werent aware of the stipulation in the insurance.

sarai,

“but they don’t have to because the almount that they want from her and her family is just a drop in the bucket for them.”

Are you saying that LAWSUITS, should be determined on who has the LESS amount of money is automatically the winner?

Thanks for the link, Fallen.

Come on, Media Team. Post a thread about the outcome.

Why should the profits of multinational corporations take precedence over the quality of life for so many of the world’s poor? ~ Jill A. Bolstridge