Wal-Mart Watch Raises $10,000 for Shank Family

This is an incredible injustice. It would be nice if we could start making smarter consumer choices (like not shopping at Walmart and spending the couple of extra dollars) to get this ugly corporation to go out of business. Do the people working for this company who would have sought out this lawsuit have a conscience? ... And are we selling our consciences to save a few pennies?

At least it’s encouraging to see so many people pitching in to help this family out.

I do indeed feel for Deborah Shank and her family.  And, this is just the type of human interest story to rally people against WalMart - but it’s not entirely accurate to lay the blame at their feet. I don’t know that I can conclude that WalMart is the ‘bad guy’ here.  EVERY insurance company I can think of contains a ‘subrogation clause’ - meaning if there is any way they can recoup benefits they’ve paid from another paying for those same expenses, they will.  And - is this necessarily a ‘bad’ thing - in general?  More basically, another example: You are in a car wreck, the other party has no insurance; you DO have appropriate coverage so your ins. co. will pay for your car to be repaired. They pay for the car repairs.  For whatever reason your company didn’t file suit against other driver, and you decide to and win the suit. Should you be able to collect from the insurance company and then AGAIN from the driver? For the SAME thing?  NO!  Any more than it would be ‘right’ for me to pay a bill, and then have someone expect my husband to pay it - that would be collecting TWICE for the same thing.  Way more info would be needed to evaluate this - but there’s a tip off here - that the U.S. District Court upheld WM"s position.  BTW - there are some companies - that if another party is liable - WON’T pay. At least WM ins. oo. (and perhaps they’re self-insured, I don’t know) DID pay, so at least she wasn’t denied medical care.  If there is some blame here - perhaps it should more rightly be directed to ATTORNEY - did he explain that WM would be entitled to recoup monies it had paid?  Or did he just jump in, looking to a fat fee, upon civil settlement?  Maybe explain that the family would be better off by NOT filing suit?
It’s wonderful that there are those who can afford to contribute to the Shanks family.  But - again - I don’t see where WalMart bears the burden on this one.

Wow! Big deal, WM, $5,000.  You could have chosen not to use the subrogation clause for this valued employee.  Its not like the family was going to Disney with the money.  No matter how you cover this up with a fund drive, you still stink.  Our family will not shop until we would have spent $5,000 at WM, and that is a long time.  Somehow it still comes out kicking the Shank family when its down, and thats not going well for you in the advertising of goodwill towards men.

Deborah Shank & Family

FYI=
Brain Injury Association USA Home Page
http://www.biausa.org/

TBI Homepage, brain Injury, TBI, ABI, closed head injury, survivors & caregivers
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Warm regards
Ray

I am absolutely sickened by Walmart and what they have done. I am NEVER shoppping at the store again. NEVER!!!

I will go to the BOA and give to this poor family.

C Nicoletti-

Was a father, uncle or perhaps grandfather in your family a dentist in Ramsey NJ around 1975?

This story breaks my heart! Although Walmart is a giant evil corporation, the problem is mostly with Healthcare in this country. We need better healthcare options, plain and simple. These insurance companies are the ones stopping it too. We have insurance in order to pay medical bills in a time of crisis, but the insurance companies have other plans. They are out to make money, and a lot of it. You pay their premiums for years, then when the time comes that you need help they try to rob you even further. They have no intention of helping anyone, it’s all about MONEY to them. It sickens me! We need proper healthcare reform in this country, like many other countries already have. When will this country be about it’s people instead of about it’s corporations? I hope whoever gets office next can actually do something about this because IT IS the number one problem in this country!

I’m going to spread the word about this everywhere I can, but not to bash Walmart or the insurance companies. I’m going to spread the word to try to get people to donate to this poor family. They are in need and it is up to us to let others know, so we all have the chance to help out. I am going to post this on some other forums, then make my way over to Bank of America to donate to the Debra Shanks Fund.

God Bless Debra and the rest of the Shanks Family!

I am saddened by this story.  It’s a real tragedy for this family to be going through.  First, the condition of their loved one, now her employer taking away their only source of help for her.  My town is small so at times Walmart is the only source for certain items, but I will try to grocery shop elsewhere.

Like many that have responded, I want the Shanks Family to know that this sort of thing does not go un-noticed.

While good-meaing “devil’s advocates” try hard to make dubious justifications, what Wal-Mart - yes Wal-Mart - did in this case is un-conscionable. Using the insurance companies and courts to “legalize” their behavior should be criminal. And all in both companies as well as the ruling justices should spend time behind bars. This, no doubt should include the congressional members and lobbyists that help place these types of laws on the books.

While laws designed to prevent “double” payments should be enacted, laws that ignore humanity & justice only serve notice that the government enacting such laws does not deserve to exist. Government’s only repsonsibility is to care for its people - not the people of any other nation. When it ceases to perform its primary responsibility it has abrogated or nullified its legitimacy. It would be time for the citizens of that government to apply “subrogation.”

Just read the article - disgusted beyond words. Have passed it to all my friends, family, etc and implored them to boycott Wal-Mart. I personally refuse to shop there and now here is another reason to avoid it like the plague. How do these people sleep at night?

Concerning the post made by Devil’s Advocate in Yuma, AZ…

Even if what you are saying about spreading the blame around to others, lawyers and etc. still doesn’t justify WalMart’s actions in proceeding to destroy a family by taking all they had and than some for reasons I still can not understand is unjustified.

If the money they received on the settlement was put in a trust fund for future care of this lady who really needed it and not like some who would use it for personal gain, I see no moral reason for this action. Even if there was a legal justification to do it.

Sam Walton did not start this business and made it what it was before he died by treating employees and customers the way they are treated now. And if he was alive today what do you think he would have done in this situation. I don’t think the decision that was made to go after this lady would have been tolerated.

I would hate to be the ones who made the decision to do this and when they stand before God, and see if they can justify it to him. I guess they can say it was the lawyer’s fault..

May God’s Blessing be with this family....

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Wal-mart is one of the most or the most unethical corporations in the world. Their management staff does not care about the workers and persuade the young kids working there to move away from education. They want to put their business in front of a child’s future which is immoral. Who are they to encourage this when half of these assistant managers barely have a high school level of education? They overwork the students and assign them late schedules during school days and final examinations when the busy season arrives. Wal-mart minimizes their “cost” at all “costs” no matter what the situation is. There is no security in the parking lots and they honestly do not care about the customers after they check out their items and leave the store. Reducing their costs by stocking the shelves with unsafe toys for children and tainted meat products is not the right way to do business. Customer service is horrible and most of the people there do not know what they are selling and need to ask management when you ask them a difficult question. Something is not right when there is no safety, morality, or proper customer attention when their yearly revenues are exceeding billions of dollars.

I am a Plaintiff attorney.  Unfortunately, Devil’s Advocate is correct in what is emphasized in this matter.  Walmart did not fight this case because of the $5K for Mrs. Shank, they fought it because if they had to pay out for her, they would have then been obligated to pay such for all their employees in similar situations.  Multiply that out by the number of Walmart employees over ‘x’ years and there in lies the problem, the exponential cost.  Devil’s Advocate is also correct about subrogation and insurance, insurers are not going to simply ignore the clause.  By way of example, you can not collect from a worker’s compensation and then from the manufacturer of the scaffold that collapsed on you.  If you sue the third party and collect, you then have to reimburse the insurance company that previously covered the costs.  While unfortunate and sad in some cases, that’s how the system works.  I also do have to wonder, did Mrs. Shank’s attorney tell them of this fact, or not?  If he didn’t, there is a possible additional case.  He/She certainly should have.

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