Read this piece of news online this week and I still can’t believe it….
52-year-old Deborah Shank is permanently brain-damaged and in a wheelchair after an accient with a tractor-trailer 7 years ago. Her husband, Jim, and three sons, sued the trucking company involved and won a $700,000 settlement.
After legal fees and other expenses, the remaining $417,000 was put in a special trust, to be used for Deborah Shank’s care.
Instead, all of it is now slated to go to Deborah’s former employer, Wal-Mart Stores.
Two years ago, Walmart’s health plan sued the Shanks for the $470,000 it had spent on her medical care.
“A federal judge ruled last year in Wal-Mart’s favor (why?!!!!), backed by an appeals-court decision in August (why?!!!!).
Now, Deborah’s family has to rely on Medicaid and her Social Security payments to keep up her round-the-clock care.”
“I don’t understand why they need to do this,” says Jim Shank on a recent visit to the nursing home, between shifts as a maintenance worker and running a tanning salon. “This girl needs the money more than they do.”
“The reason is a clause in Wal-Mart’s health plan that Deborah Shank didn’t notice when she started stocking shelves at a nearby store eight years ago. Like most company health plans, Wal-Mart’s reserves the right to recoup the medical expenses it paid for someone’s treatment if the person also collects damages in an injury suit.”
Whoa….all current, past and future employees of Walmart, take note!
A U.S. Supreme Court ruling last year has given employers a clearer legal map to suing employees and winning.
“Sharon Weber, a spokeswoman for Wal-Mart, declined to discuss the details of the Shanks’ case, but she said the company was obliged to act in the interest of the health benefits of its employees as a whole. “While the case involves a tragic situation, our responsibility is to follow the provisions of the (company health) plan which governs the health benefits of our associates,” she said.”
This is shocking. Tragic for the family…
$470k is pocket change to a company that makes billions a year. They didn’t have to do this. But they did it anyway.
I hardly ever go to Walmart and I’m even more resolved now not to. Tell a friend, don’t support Walmart.
