Randi:

Can you give us an address to where I can send a contribution to the Shank family?

Susan
Phoenixville,PA

Thats just sad on so many levels. Maybe those well off rich big folks can step in and help and do something right with their wealth..

Austin Texas

Does this surprise you that WalMart is so hard-hearted? Especially since Senator Clinton served on their board. Hard-hearted people follow one another.

Does the news that WalMart plans to take the money from this woman surprise anyone?

WalMart is a corporation and the bottom line with corporations is “profits first”. Most corporation could care less about the people whose lives they destroy.

The only way to get a corporation to do anything humane is to give them so much negative publicity, it effects their profits.

I already boycott Walmart for their unfair labor practices, but I hope others choose to boycott them for what they are doing to the Shank family.

This is just deplorable WallieWorld. Holy crap. Don’t you have enough money to be able to overlook this since she didn’t get a multimillion dollar settlement?! She barely got enough to cover her expenses for the next few years much less the rest of her life.

Sam is rolling in his grave over the fact that his “family” would even think of doing this and Ole’ Roy is hiding under the bed. But I’m sure that when Sam died that all the values that he had while living went to the grave with him. Just pathetic. HE would have NOT allowed this…policy or not!

I don’t want to see one more ad in ANY Wal-Mart about caring for those serving overseas if they are willing (and they are willing instead of compassionate….) to do this to a fallen soldier’s mother.

Everybody should boycott wal-mart for one week.. let’s see what happen, and this around the world..

Anais is right. Hillary served on Wal-Mart’s Board of Directors for 6 years in the 90s. Curiously enough, she doesn’t mention that six year stint on her campaign websiteas if it didn’t exist.

It is unfortunate Debbie and her husband did not read what they were signing–and I’m sure it was clearly stated–not in fine print.

If you settle with a third party–the primary insurer has the right to attempt to recoup payments they made. This isn’t new…and this isn’t cruel.

If the patients expenses were paid by a third-party–why shouldn’t Wal-Mart be able to recoup their own expenses?

This is BS over something that happens to ALL of us ALL the time–and should.

If a business owner has paid $$ for healthcare related to injuries/illness that eventually are proved to be due to a third parties negligence–and payment is made to the patient. The company should definitely be able to recoup their expenses on the patients behalf.

I can’t even believe this is news worthy info.

I see where Walmart is coming from, I also understand the Shanks pov…What I don’t understand is why did she have to use her own medical insurance from her job for injuries sustained in an auto accident that was what seemed to be the truckers fault, wasn’t she able to get medical treatment from the trucking companies insurer and her own car insurance company? Why did she use Walmarts insurance for something she should already be covered for through her auto and the trucking companies auto and liability insurance?

What I really don’t get is why the attorney did not ask for medicals as part of the settlement (medicals paid PLUS future medicals, loss of wages). I’m also surprised he didn’t seek loss of consortium on behalf of her husband. I don’t know what the laws in Missouri are but I do in California, any good attorney would have sought those monies as part of the settlement. Maybe he did — but with a $1m settlement, it just doesn’t seem that he did.

As for Wal*Mart, they should have gone after the trucking company for medical reimbursement.

Wal*Mart looks bad … but this family’s attorney appears less than competent as well.

Another big corporation that could care less about their employees and only cares about the bottom line. If they cared they wouldn’t take the money or they’d donate a tiny portion of their millions of dollar profits each year to help this woman that worked for them.

So many of us work our butts off to help the companies we work for succeed and in the end what do we really have to show for it? We get to sit back in our modest homes that we can barely afford while the CEO’s and corporate big wigs take millions of dollars in bonuses a year. How do they live with themsleves?

It’s an awful story, but not surprising in the least. It’s easy for Walmart to be seen as a heartless company, but if it sets a bad precedent in this case to let this one case slide by, the floodgates could open. I would love to see Walmart see the error of their ways and actually pay the bills themselves, or at the very least just leave the money that is left in the account alone, but that just isn’t going to happen.

I have refused to shop at Walmart because they do treat their employees and customers poorly. Yes they are cheap - but I’ll pay more for a caring company - Target!! I have family employeed by each of these and the difference is astounding.

Walmart (and many other company) benefit plans have this common clause in them. As I recall Erica Hill had indicated CNN’s plan has the same clause. Businesses are in business to make a profit and deliver value to shareholders. While it is very sad and compassion is lacking the future care of this woman is now left to a struggling family and the US government.

Information on how to donate to help is needed. CNN please have their lawyer provide information so the compassionate of the US and abroad can assist with funds so care is available to her.

Someone needs to question both Hillary Clinton & Barack Obama on their health care plan proposals….is this clause expected? Yes we want to avoid fraud but leaving someone with no ability to receive adequate care is disgraceful.

I am still stunned that Wal-Mart is pursuing this and shocked that the Supreme Court refuses to hear their case. Is is possible to find out why they refused the Shanks’ case?

Randi, thank you for keeping us all up to date on this sad situation. I fairly certain all this publicity over the Shanks’ situation is a thorn in Hell-Mart’s (ahem…’Wal-Mart’s’) side.

I personally will never set foot in another Walmart or Sam’s Club again. This coldblooded act was the last straw for me.

I never have shopped at Walmart because of many policies just like this one.

When faced with the option of doing the right thing and the money, they chose taking money from the disabled. That’s not the right choice.

It’s all about the money, for the Walton’s nothing more.

They exploit the workers, hire the illegal and force employees into compromising situations. Those same employees are faced with the choice of employment, the money to provide for their families or choosing the right thing.

When they have squashed all other options for local employment there is little else for the employees to do but follow the walton example of take what you can from wherever you can get it. Even from the poor and disabled.

A disgrace this is not what America stands for.

walmart is the modern “SNIDELY WHIPLASH’!!!!

Randi,
As much as I sympathize for this woman and her family, and detest the callous nature of WalMart, this family has received some very poor legal advice. They could also be in for more hurt from Medicare and/or Medicaid.

In my limited experience, if long-term care is required, and either Medicare or Medicaid is needed to absorb the expenses, they will seize the financial assets (home, savings, etc.) to offset the costs. They will look back to what the assets were at the time they began to pay, so divorcing and transferring titles now will not matter.

My suggestion is that this family get the advice of a good bankruptcy attorney to help protect whatever assets they may have left.

walmart has also capped wages for their employees….guess what?
The CEO does NOT have a cap!! he gets multi-million $ bonuses plus multi-million in stock options…and their goal is to have 40% of their workforce…part-time…

It’s really come down to this…where people can support this behavior from a company that will make almost 100 BILLION dollars this year? $400,000 to a Walmart is like 4 cents to Donald Trump. This is a crime and I hope that CNN does not let this go. This is a national disgrace and gives credence to all the “Walmart Bashers” out there. There are MAYBE 5 companies in the United States that would’ve sued someone in this case and Walmart is one of them. This is sickening.

It amazes me how people try to blame Hillary for this.

Anyhow, I can’t believe Walmart is going through with this. They can certainly part with $400K while this woman desperately needs the money. I bet they spent more than $400K on attorneys’ fees to win this case.

I will NEVER shop at walmart again. Also, will never get cigna insurance as they didn’t cover that poor woman who died because it was a experimental treatment. The oil companies make billions without any concern for the middle class or poor. Our leaders bail out Bear Sterns but tell the little guy sorry that is how the free market works. The next president needs to fight with all their might to regulate big business. They are what is destroying america because of their pure greed.

This is pathetic! WalMart should be closed down. I’ve heard so many stories of how the top executives make tons of money, but pay their line workers so little that many of them have to apply for Medicaid and/or other forms of public assistance.

I live maybe five miles from a Walmart in our town. I only recently started shopping there because my husband who was lucky to be given two months to find a new job since his job in the housing industry was eliminated . He desperately needed a job and took one with one of the biggest health insurance companies in the country. I thought wow we will have really good coverage since they are soo big. Well what I have learned is that they are soo big and cheap. I have to pay four times as much for my brand rxs. Total I pay is now $250 just for myself. What I have learned is they dont care. They just dont. My husband now works weekends so we can have a fihgting chance at paying off my medical credit card debt. Yes Walmart has the legal right to collect the money. However there is such a thing as practicing good business ethics. It would be one thing if any employee had cosmetic or plastic surgery or some minor injury where life long term care wasnt needed and the person sued sure Walmart should get their money back. But to think he or anyone on this planet in their right mind wouldn’t sue. You have to be totally without any intelligence and mentally ill. She suffered major brain damage. She needs life long care. I am sure any and all Walmart employees could care less about policy and more about her getting the treatment she needs. Walmart had a choice. They chose poorly. I think the saying there is no such thing as bad publicity doesnt apply to Walmart this time. The reasonable,ethical,moral, and decent thing to do would be for Walmart to leave the money for her and start a foundation or have their own fundraiser for employees who end up in the same situation so there is funds available. I hope the bad press shames Walmart. My heart aches for this family. They have done everything right. Please dont stop talking about this .Walmart needs to know conducting business this way is simply and totally unacceptable and the public has a thing called purchasing power. We dont have to support the way they treat their hard working employees. Thank you for this story.

After my husband and I watched your show on TV yesterday, we both decided to cut our Wal-Mart card into pieces and never shop there again. Big business has just gotten too far removed from the human aspect and the morals involved in this case. There are such extenuating circumstances surrounding this family’s unfortunate misfortune with a life-altering accident for the wife, cancer for the husband, and a son dying almost as soon as he arrived in Iraq. I am 60 years old and never would have imagined that I would hear a store like Wal-Mart would stoop to such horrible tactics regarding its company’s decision making.

What could have been a heart-warming ending to a terrible story, landed up being a public disaster for Wal-Mart. I don’t even work for a retail chain and I could have remedied this very simply by paying this down-trodden family. This could have been done without taking the funds from the insurance part of the company. It could have quite simply been remedied by paying this with money from Wal-Mart funds. This would have been a small amount for a big chain like Wal-Mart and this would have been a very big amount for the poor family to receive. Wal-Mart would have had wonderful publicity and all would have been happy. This $470.000.00 would have been taken from advertising funds.

Maybe you could pass this onto the non-thinking executives from Wal-Mart for me and for many of the other angry ex-Wal-Mart shoppers!

Randi

Thank you for keeping us updated on the story. I still cannot believe how callous Wal-mart is on this case. We have already taken our shopping to another store.

Its wonderful that people want to help with contributions but someone needs to determine if Walmart can take the new contributions as well since the bank account doesn’t have the full settlement Walmart was awarded. It would be a shame to contribute money to the family only for Walmart to turn around and take it too. Perhaps Jeffrey Toobin could answer the question about if this is possible.

Annie Kate
Birmingham AL

You all make me feel guilty about shopping there but for me there is no other place that is cheaper. Cheap prescriptions (esp w/out insurance), cheap food, cheap clothes, other cheap items that I sometimes buy for family, etc.

I don’t like what Walmart did, but they are very very hard to boycott.

SHAME ON WALMART !!!
That reminds me of another dreaded company from past that looted many people and countries of there rights, wealth and well being - the infamous EAST INDIA COMPANY…… these hopeless corporates driven by hungry, cynical, and over ambitious managers is no less than the colonial aspiration of past………. My well wishes and prayers for SHANK family please pass on their address want to make a petty contribution.
A son dies for his country and the greedy company pays back by snatching the purse from the mother. This is defintely not the much talked about American way………SHAME SHAME SHAME

I am no longer giving Walmart my business.

…just wanted to add my name to the list of those outraged by this!!!

This same thing happened to me about 10 years ago got hit by car while ridding bike.. Used Wal Mart ins. got a settlement and still owed wal mart about 5,000 dollars I was out of work for a year and a half because of this accident. I too did not read the small fine print at the end of ins papers where it said Wal mart has the right to get back any and all that was paid for medical bills well a lot was not covered and with the small settlement I ended up with had to pay the insurence back. It stinks by the way I had a laywer for this also and he fought for three years but they (Wal Mart) never gave in

Anderson…God bless you all for doing this story..I am in Canada and would love to help this family out..I need to know how I can send $100.00 to these people..I will make sure that all furure Wal-Mart shopping on my part will be very limited limited or will cease entirely.

Ian in Vancouver

Perhaps Wal Mart should be reminded of the Army-McCarthy hearings:Have you no sense of decency?

Despite the sadness of the situation, what is fair is fair. Other employees put into that fund also. They have a right to future care if needed. If the money is not there for them when they paid into it how fair can that be to their families.

Of all of the stories that I have ever read on CNN.com, this is truly the most disgusting of them all. Greed has no limits. Shame on you, Walmart, but I am not surprised by your actions. You think you represent the “all-american” spirit? So sad.

This is honestly sick and inhuman. When Wal-mart could be donating there billions of dollars to third world countries and try to reduce poverty in America and around the world, they instead take away money from a brain damaged woman.

We can Wal*Mart is greedy, callous; we’ll never shop there again, etc. but I don’t hear anyone insisting the lawyer give back a portion of his minimum 1/3 (or 40% - I think pretty industry-standard) fee for getting these people such a lousy settlement. (I wonder if it’s the same attorney representing them on this Wal*Mart suit or a different one — wonder if that attorney is taking a fee …) I don’t see anyone asking the trucking company to step up - since it was there fault to begin with and volunteer to reimburse the costs.

Wal*Mart isn’t the only bad guy in this scenario. There is plenty of blame to go around.

My heart goes out for the Shanks in their time of need; however, making Walmart out to be a morally corrupt entity based on a policy which is a more common place practice of companies is entirly well, crap newesreporting. Be thankful this corporation has a medical plan (which is better then mine and cost much less) to help these people in their initial time of need.

The focus of this story should be on a family in need and point American families in a direction where they can help such families. American for Americans.

The original Father of Walmart “Sam” would not let this get to the stage asking for money back. In fact he would have not only written this off as a charitable fee but would be concerned about a fellow employee and help raise funds for this lady. What kind of sons are you!

Wal Mart is not known as an ethical company for fairness with their employees. That they want to take money back from this employee should be enough to ban Wal Mart from our shopping. Cheaper is not best when unfair big time attorneys try to hurt the little employee. Shame on you Wal Mart.

The story about Debbie Shank is just too tragic for words. The actions of Wal Mart are simply cruel and tyrannical. They have always had a reputation for treating their employees in an unfair manner. I have been consistent in my refusal to shop there! These recent acts of brutality simply strengthen my resolve! Wal-Mart need to remember that even though their actions may be legal, they are totally immoral! Wal Mart had the opportunity to choose an act of kindness and mercy. They turned their backs! Shame!!

To EJ in Ohio..ever heard of K Mart?? Family Dollar, Dollar General, Aldi’s, Big Lots, Target, etc, etc, etc. If you look around, Wal Mart Is NOT the only store in town.

My 10 year old son and I watched the program and were both highly disappointed. A huge Corporation such as WalMart should be ashamed of themselves. My son, said “Mom, people should stop going to Wal-Mart and protest.” …Enough said.

Proud Parent

What is an address for the Shanks? So all of us - who care - can send donations to the family? Their church or local bank - could set up a fund?
As for Walmart - we all have a tremendous power - the power of our wallets. We get to choose - where to spend our hard earned dollars. Flood Walmart’s Corporate Email Box with your sentiments about this horrible decision. I have.
My prayers go to the family and my check will too - if someone will give us an address or fund to donate to…Randi?

I will no longer shop at Wal-Mart. They are an evil company, how much money do they need? They could donate the money to them if they must win! My money will no longer contribute to their profits. I’d rather shop at Target and pay a little higher prices.

Walmart says that they are taking this action because - of fairness to all of the other employees in the insurance plan.

Well, what would Walmart do if those employees in the insurance plan VOTE and Decide what should be done.

Shop Target!

Why do we, as Americans, always point the finger somewhere else?

Walmart, albeit not a favorite store of mine, is clearly in the right to recoup monetary compensation for FUTURE employees.

Walmart, If you have the ability to help this women, why don’t you?

Wal-mart: legally right; ethically bankrupt.

it’s time to stop shopping at Wal-Mart and to stop feeding the big corp world. Lets see how they feel without the everyday mom shopping in Wal-Mart. Will they sue the us ( the moms) I will be calling and e-mail all of the moms that I know, and they will call and e-mail everyone they know. It’s time to stop the big wigs in Corp American from stepping on the small person.

Pat from Ct

Unbelievable. We were discussing this at work today. The whole staff at the group of Dealerships where I am a manager pledged to boycott Wal Mart until this is resolved. Lets see how long / how many customers not paying at the register will move them.

My wife worked for Wal Mart before and was about to return again. Now, after watching your report there is no way she is going back to WalMart. How can they do this? This could be my wife.

We made WalMart…the consumers. We can destroy WalMart.

WalMart, you will not received any more blessings.

Today is a very sad day. Money is more important than a human.

Big, bad Wal-Mart is picking on the poor disabled woman by allowing the insurance company to collect what is rightfully theirs. So if they do this for all employees, how many people will they have to lay off to or cut benefits for, how high will they have to raise prices? How many IRA’s and retirement funds will be affected when Wal-Mart profits are decreased?

I wonder what percentage of the settlement Debbie’s lawyers received.

Walmart is a crooked, immoral, and dishonest company. Everyone, Please stock shopping there…

Outrageous!
A boycot of Walmart is in order - the rich get richer….

There are plenty of other businesses out there that will enjoy my purchasing power–Wal-Mart is no longer one of them for me. This is just another reason why I feel that we should stop shopping at this store.

I am just listening to this news about the paralized lady being sued by Wallmart. I promise not to buy anything at that store until they re-consider their position. How low can your get?

I will tell all my friend not to buy there either.

Wal-mart means roll back prices,and i guess that also means roll-back morals too.I think wal-mart should be ashamed,thats why I NEVER GO THERE!!!!

Shameful! I’ve spent my last dollar at Walmart and I hope enough folks boycott Walmart that they feel it in their pocketbook….apparently the only place they have any feeling.

Who gives a crap? 300 million will still keep buying crap at Walmart. I bet everyone who moans and groans about this story will still go to walmart….you want to make a difference, stop buying their cheap crap.

Wal-mart is a greedy and heartless company. This story is the final straw, I will never step foot in a Wal-mart again and they will not get another cent of my money.

I too would like to know where to send a contribution. It may not be much but it is MUCH MORE than Wal-Mart is willing to do for this family. After viewing the segment this evening, I will not shop at this horrible establishment from this moment on.

Walmart may want to recoup its $400K paid to the Shanks family but they are receiving millions in bad publicity. Shame on Walmart. Can’t they spare some compassion along with the billions that they earn every year.

I see two options:

1) Set up a fund to help the Shanks.

2) Boycott Walmart for 1/2 day, say from 12:00 to midnight on the 15th of April. The loss in sales would cost Walmart far more than what they have done to the Shanks. Also, it would not penalize people because they could continue to shop, but that loss of sales would hurt. It is the only language large firms such as Walmart understand.

While I understand Walmart legally has a right to recoup the expenses they’re suing the Shank family for, morally this is beyond the pale. Like so many others, I vow to never, ever spend another cent at Walmart; Target gets my money from here on out. I always suspected Walmart was soulless, and this just confirms it. Have you no sense of decency, no sense of shame? Why not take some of that $90 billion profit from the last quarter and set a good corporate example by adding to the Trust, rather than taking the last penny from it? What an outrage.

I wrote to Walmart and told them about how horrible their actions are. I will never shop at a Walmart again. Let’s all shop at Target. Maybe Target would make a donation to the Shank family. Is there an address for the Shanks, then we could all send them a $1.00 to help them. How about it fellow CNN Bloggers.

I’m disappointed in Wal-mart, and I’d also like to know the name of the insurance company who put this “special clause” in their policy? Is this a common policy? Companies who offer their employee’s benefits should boycott the insurance! company!!

Last straw for me and Walmart! Is there an address for the family? I would love to donate.

Okay, I have as big a heart for a person injured like Mrs. Shank. However, if everyone out there would look at their employer medical coverage, I’ll bet most, if not all, those plans have a subrogation clause. And if that clause were not there, every employee would probably see a rise in premiums for company provided medical coverage because of increased experience ratings. The point is that the person responsible for the accident should be incurring the expense, in this case the truck driver or trucking company. Wal-Mart associates shouldn’t have to pay increased premiums because of that driver’s negligence. Does Wal-Mart have the earnings to “forgive” this subrogation claim? Yes, we know they do. But if they bend their policy for this case, then the floodgates could open for everyone at Wal-Mart and every other company that provides healthcare coverage.

This story is so terrible. Walmart is ready to leave this family pennyless. How will Susan be careful for? Walmart doesn’t need the money. People should boycott Walmart.

Walmart does not need the money from this unfortunate lady. They are just greedy. If they force this lady, this family to give up the money needed to survive, I will never step foot in their business again.

The situation for the woman and her family is indeed sad.

However, I don’t think CNN should be in the business of forcing companies to go against their existing health care plans / policies - - a practice that could in fact jeopardize their relationships with their providers that could act to the detriment of other employees.

I do think it appropriate that you point out that many company health plans (including CNN’s as you mentioned on your broadcast) have the type of fine print that has been exposed in this situation.

Walmart’s greed, arrogance and callousness are beyond outrageous. How disgusting these people feel no shame. Finally we have a company that has driven the values we saw at Enron to new depths. Walmart has earned my enmity for all time.

Perhaps the Walton family wouldn’t mind investing in an annuity product that could help this family out. This family needs help.

I am a military and a walmart shopper , but i will no longer shop at walmart. The greed that they are showing trying to take the Shanks to the poor house. Shame on them and they no longer have to count on me to contribute to them making money. My credit card is now cut up.

I stopped shopping at Walmart the day I heard about Randi’s story and regardless of what happens, I will never shop there again. This story should alert all Walmart employees to check their “benefit” packages very carefully.

WalMart and the Walton family should be ashamed. I’ve spent my last $ in WalMart! I plan to tell 50 people about this sad situation.

Thank GOD, I work for Target. Don’t those Wally word idiots know that the lawsuit was for her permanent care and not to reimburse expenses already covered and paid for. Another question comes to mind, why did they settle with the trucking company for so little? Seems like there would have been millions of dollars won in that settlement to well pay for medical needs and after-care. Fire their attourney!!

This is truly a profound sad story coupled with the fact that Wal-Mart could demonstrate some kindness and compassion by helping one of its ex-employee. I will not spent one single penny to any Wal-Mart strores if they don’t resolve this situation decently.

To all wal-Mart employees…. please have Wal-Mart remove the fine print at the bottom of their contract…

can cnn setup a donation page? 1.8 million views multiplied by $1.00 is a lot of money for this family i am willing to donate more!!!!!

p.s. should this family not get some sort of money form wal mart i will never ever shop there again.

This is sad and it is another thing that proves that Wal-Mart does not care about its employees. My husband and I shop at Wal-Mart very frequently but we have decided to stop shopping there after hearing this story, its just another bad thing that should not be happening. If we don’t make a stand and keep shopping at Wal-Mart then it means we agree with what they are doing. They probably want miss our money but if enough people stop shopping there then they will feel it.

I spend at least $ 1200 dollars a year. Not any more. I will try to locate two more people and attempt to convince them not to spend money at Wal Mart. I will also ask each of them to contact two people each and do the same. I am ashamed of companies like Wal Mart. It may not be illegal but it is unethical. This is appaling.

First give an adress so we can make donations.
Second All americans should stop shopping at wal-mart for a month or so, and prove to them that we made them and we can break them. ONLY IF WE STICK TOGETHER AS ONE. Really lets teach them a lesson.

While I sympathize with the woman who is brain damaged from the auto accident, if she received money from the lawsuit, she should be required to pay back the money. If everyone did the same thing there would be no money left for others. I am sorry her son was killed, that is a separate thing, not Wal-marts fault….SO. that is what I think..No one ever paid anything for me, I have always worked, just to keep my head above water…Sorry I do not feel like you do, quite frankly, I don’t understand why you feel so strongly…perhaps because of the son. Think about it a little more Anderson.

stunned, sickened, outraged. What else can I say? Walmart will not receive another penny from my family until they reverse this heartless course of action. To make matter worse, they are out there feeding everyone a bunch of bs…..they have no choice. Give me a break.

I hope you choke on your $270g, Walmart. And I hope it’s the last $270g you make as a business.

Why is the attorney that represented Debbie not responsible for not making this part of the settlement. He should have know that Wal Mart would seek reimbursement for expenses that they paid. Wal Mart is not at fault here, but the attorney in his neligence in not seeking an award that would repay Wal Mart plus provide funds for the future care of Debbie. Shame on CNN for not bringing this up.

Walmart
I am a loyal customer with a small business. Give up some cash Walmart. Find it somewhere and make this go away you idiots. If I had it, id make it happen. Make a move quick this page had 1.8 million views.
1.8 million just on this page you hard heads.

WalMart’s charter should be revoked.

As sad as this story might be, companies have rules that should be followed. My question to all those people who want to see this family taken care of, including you Anderson Cooper, set up a fund to have your million listeners who are sad for this family contribute $1.00 each and we can end the story. Americans have become so arrogant that they want to dictate what should be done when they don’t have a vested intersest in the outcome. The fact that her son died in the Middle East is on President Bush’s account, not Walmarts. Maybe President Bush should provide taxpayer money to help this family. We still have loads of people from Katrina that haven’t been made whole. Maybe Walmart should raise their prices 10% for the next couple of months and let this family keep the money. People will still buy at Walmart because they are the cheapest.

I was absolutely horrified by this story. I have not been a fan of Wal-Mart for many years, but still occassionally shopped. Not anymore!!! For a company that makes the kind of money they do it is ridiculous to go after Debbie’s money. I hope that Debbie’s husband sets up another trust for and I and I am sure a lot of other people will send him money to help with Debbie’s medical care.

I really believe it is time for this too hit main stream meaning not just your show but to get it out through out the country.

The biggest problem is that this type of thing is allowed because of a Federal law - ERISA (Every Rotten Idea Since Adam). Several states, including Tennessee, have passed laws that this sort of subrogation is only allowed if the victim actually obtains a settlement large enough to cover ALL damages. Unfortunately it doesn’t apply to programs like Wal-Mart which is multi-state in scope and so they use the Federal law to override any State law. Every person covered by any national-type plan is in the same boat as this lady (including CNN employees). If you sue and the defendant hasn’t enough insurance or assets to cover your damages, they’ll offer policy limits and you’ll be screwed. You can only go for greater than policy limits if you can prove ‘bad faith’ on their part - very hard to do. So, like this lady, you can only get what you can, and watch them take it away. Can you buy insurance to cover this hole? No, they don’t offer it. The solution - reform ERISA to more like the Tennessee law. It will mean a very small premium increase but stories like this will be a thing of past. Unfortunately, the insurance lobby prevents it from ever coming up. Sound familiar.

What about the Emergency Employee Fund, or the Walmart Foundation, or the Walton Foundation which helps people and donates millions and millions to those who need it? AC360 said these are options beyond the lawsuit, yet Walmart is not doing anything to help. Will Walmart go bankrupt if they don’t recoup this money … I don’t think so.

The ultimate face slap to Walmart would be if Target donated some of their charity money to the Shanks so they could payoff Walmart. How great would that be?

I understand rules are rules, but there is an exception to every rule … why can’t this be one of them?

Wasn’t Hillary Clinton on the board at Wal-Mart at one time?
This her chance to make some calls to Wal-Mart , show everyone that she’s on the peoples’ side and make some things happen.

This is a sad case, ultimately the tax payers will have to fork over the bill. Once the trust money is taken from Walmart the family will have to use medicare. I think Walmart could have used one of it’s charity funds to cover this extra expense, however, now it may be too late to not go after the won funds because it is all over the press. If Walmart agrees to not take the money then it might reveal that Walmart could be pushed by the Media and others will be tempted to utilize the media against the corporate giant.

What should be done? Walmart utilize one of the charity funds to cover the expenses to stop the bad PR (I’ve seen the story air now on multiple news sites over a whole week), yet keep the cover-up out of the news so that other possible suits do not utilize the press to spread bad PR.

Anais. Maybe Michelle Obama can petition her medical facility to support these people since you think they are so much more warm hearted than Hillary.

This situation is so typical of Walmart. they are the prime example of corporate evil. Why people still feel compelled to walk into their stores and buy that 5th rate junk from China in order to make one cruel and shoddy family even more wealthy is absurd and a perfect example of why the country is nose diving down the toilet.

I will NEVER spend another penny at Walmart!!!!

Boycott Walmart.

Shame on Walmart and their greedy actions! Denying a permanently injured woman and her family the right to have even some comfort in their lives. Disturbing, evil and certainly speaks volumes about this dreadful company. We will never shop here again and we intend to tell all our friends and family about this story. Please post an address so people and business of intregrity can step up and assist the Shanks.

I have a daycare, and every other week, I go to Walmart to buy my grocery items, I spend an average of $350.00 and once a month I go to Sam’s Club to buy items in bulk for the coming month, I spend an average of $200 here.
But after hearing this story, even though I have worked at Walmart two times, I never thought they would stoop this low.
Yes, legally it might be theirs to obtain. But I met Sam Walton, he had morals, and he believed in treating people right. If he were alive today, this story would not be printing like it is.
I have said before over other issues, that I would stop shopping at Walmart, but then the ease of having everything right there, plus the cheaper prices, I have gone back.
Not this time, this time I am shocked, and ashamed that I have worked for a company that would treat their employee like this. Not to even mention that their son died defending our country!
Stand together and everyone unite, ban Walmart and don’t back down from your decision.

It’s a shame when a corporation that only cares about money takes that to the ultimate limit. I will never shop at Wal-Mart again…

Listen all one has to do is relay this story to all the employees of wal-Mart in an act of solidarity for their fellow worker and to themselves they should walkout of work and protest this action because this shows a lack of respect to the people who help them earn millions if not billions of dollars a year that they can not even help their employee instead they sue..so if any one reads this lets set a date and tell every employee that we know of walmart to not work on that date. i say we set the date as sunday may 11 because everyone has a mother and we all know we do not want to loose our mom but also she had a son who died in Iraq, so she bore a great hero who fought and died for us!!! defending us as a nation…..thanks you Roland

I’m just sickened, and yet everyone makes fun of Michael Moore as he highlights corporate and political greed? What is it going to take for people to get more than laugh or at best get angry but actually take meaningful action. I for one will not shop at Walmart again. Do you have an address that one can mail a donation to the Shank family?
Thank you

Sam Walton made a statement ,It states that “there is only one boss in a company that is the customer .Any one in a company from the chair person on down can be fired by customers spending there money else where.”
Lets make it happen ! Then Walmart will really need the 470thousand dollars.

I have avoided Wal-Mart for several years because of what I deem to be unethical employment practices, but I never thought they would stoop this low. I hope this helps open the eyes of current Wal-Mart shoppers. It’s just not worth supporting such a greedy, heartless corporate monster to save a few dollars on your shopping bill. Maybe we should be factoring in the social costs of supporting them as well as the financial ones.

Even though Walmart may have the legal right to do this they should do the moral thing by donating money to this woman’s care. After all she was an employee. But, sadly, my experience with Walmart is that they are, first and foremost, interested in “the bottom line” and profits and will fight til the finish. They don’t care about their employees or who gets hurt in the process.

Instead of giving a donation. BOYCOTT WALMART. SPREAD THE WORD. I have shopped there for so long I cannot remember but I will NEVER go there again. That is just horrible and totally uncalled for. Just Say No to Walmart.

Did the family attorney get paid?

WalMart management again shows how incredibly tone deaf they are.

How does WalMart management go into their Board and justify $50 million in bad publicity.

For what it’s worth, I will never buy another thing from Wal-Mart for as long as I live.

I’m not 100% positive whether it was A&E, Biography or The History Channel, but one of them did a two (2) hour expose on Wal-Mart and I was disgusted. Truth be told, I just refused to believe it, but now, this latest example of their sheer unadulterated greed repulses me.

If a petition is started, please add my name to it. Maybe, if a boycott was started, we could get the money grubers attention that way. When they open their hands to take the money from this unfortunate woman, maybe more money will fall out of their hands (because they will be losing business). I think it’s call hitting them where it hurts.

Good work in bringing this travesty to our attention.

Lynda - Greenbelt, Maryland

I am so saddened to think that although Walmart is within the law to excerise their right…since they won the judgement…that they would ever consider such inhumane treatment.

They have many creative measures to work around this situation without hurting the benefits to their other employees but they chose to go after this poor woman and her family.

It is bad enough what’s happened to her, but the loss of her son who fought for all of us, including you WalMart…you should be ashamed of yourselves.

And then, for her husband to have to divorce her to be able to receive some kind of benefits through Medicaid for her care…. what does that say.

This is tragic on so many levels and the lack of compassion by this corporate giant is disgusting.
And yes, it wouln’t matter whether you read the fine print or not…the only way to receive benefits from one’s employer is to sign. So, if you want no insurance coverage at all…then don’t sign. Most all policies have what’s called subrogation clauses so that is not uncommon or unusual.

We are done with Wal-Mart. I wouldn’t even consider spending another penney there.

And WalMart, I hope you feel great about the choices you have made. And although I understand you are within your’re legal rights….you are surely not within moral rights by most peoples standards.

My prayers go to the Shank family and I hope by the Grace of God, Walmart will reconsider their decision and let Debbie live with what dignity she still has left.

this story breaks my heart. as a doc, I have taken care of the uninsured, the underinsured & the insured, many of whom have gone bankrupt by medical bills besides suffering in silence with serious illness &/or disability. every other developed nation has national health insurance. people’s health are not left in the hands of a Walmart, but those of the society at large. This is not a mere Walmart story. Insurers dump sick pts on technicalities all the time. We see people today losing their pensions, their benefits, their homes. we need a safety net. we need leaders based on the principles of the New Deal, S. S. & Medicare-broad safety nets because bad things happen to almost everyone during a lifetime.

Wal-Mart! I will never ever shop in that hole again. And I will make sure every one I come in contact with will know about this story.

Wal-Mart how much did you pay your lawyers for this law suit? You should’ve given this family the money!!!!!!

You’ve made a big mistake. How are you going to fix this?

If One point Eight Million people posted negative comments, they could help in two easy ways. 1) Donate One dollar each, and 2) Boycot Wal-Mart. Very Easy.

maybe Walmart has the legal right but what about the moral right.

boycott Walmart for 2 weeks. enough where they feel it but that way you won’t have to worry about your own pocket book. Because if it happened to her it could happen to you.

What can we do contact Wal Mart or boycott Wal Mart if they actually go ahead and take the Shank’s money? I am appalled.

I am going to Wal-Mart’s website to tell them what I think. I’m also going to boycott their store.

I cannot believe their greed.

You’ll never see me at wall mart! and hopefully anyone else I can tell about this story! How can I send some money? Mark

It’d be unfortunate if Wal-Mart stock-holders sold all their Wal-Mart stock right now and donated the money to this family…unfortunate but effective, perhaps.

Wake Up EVERYONE !
This does not surprise me …….. because I am in the same situation as Debbie Shank.
I was in a bad auto accident, and now must sue the driver that hit me. I will probably need 3 or more surgurys, cost a million dollars or more, and I have not worked for 2 years now because of it.
My Lawyer told me that I would have to pay him 40 to 50 %, and any balance “won or awarded” at trial, goes to pay back to any medical supplier that has provided services to me. So -
That leaves me with a big nothing ! Only - lost savings, lost living and care expenses, possibly losing my home, and the inability to work, and being finally “approved” for Social Security Disability. All because the person behind me failed to stop at a stop sign.
Its the Systems fault ! Its the way our “fine” system is designed to operate. - and protect the Corporate interests and line the Trial Lawyers pockets with hugh payments !
Ray

Unfortunately, this is the worst case of Wal-Mart’s mistreatment and disregard for its employees, but not the first, nor, I’m sure, the last.

Last year I vowed to not shop at Wal-Mart. I have broken that vow only twice, and even on those two occasions, I felt extremely guilty. After reading some articles online and doing some further research, I found out about the Shanks family, and their fight to hold onto the money needed to provide Debbie Shanks proper healthcare.

It is a travesty. The company that tries to attract customers by touting low prices and American-made products, is ravaging their own employees. They are known for overworking employees but not paying overtime or hiring people for the most hours per week without having to offer healthcare.

Hopefully, your coverage of this terrible situation will open the public’s eyes.

This story is shocking and heart wrenching. I cannot believe WalMart has let this happen to one of their past employees. Regardless whether she had a competent attorney this should never have occured. What an embarrasment this should be for WalMart. They should have never let this become the issue it is now.

I don’t know how much it will help to boycott t Walmart but I do hope they they recind the lawsuit and decide to help this family immediately.
Forget Cigna as all insurance companies are fradulent.

I will be happy to contribute funds to help this family as they deserve enough funds to help this poor woman for the rest of her life.

THank you CNN for all of your input on this story.

I’m wondering the same thing as Susan. Is there someplace we can contribute to help this family? Is there a fund set up somewhere?

It appears to me that the parties that were responsible for settling her claim did not complete their responsibilities by making sure that all liens were settled before releases were signed. Whether it was the insurance companies or the lawyers involved it seems they are accountable for how her claim was settled.

Can’t the ERISA lien be waived by the insurance company? ERISA only gives them the right to recover costs but not the obligation to pursue.

I live in Canada. Thus far, we have many optional stores to buy our goods from here. I have always believed Walmart to be a non ethical company and have never shopped at a Walmart store. This story proves yet again that Walmart is not a good company for both the USA and Canada. I think it is an illusion that we get cheap prices at Walmart (at what cost are they offering us cheap products) and I think both countries could do with jobs that pay more than Walmart pays its employees. I think people are making a huge mistake shopping at Walmart and should avoid going to the stores at all costs. It is amazing what a company will do if you don’t shop at their stores. Comsumers have more power than we think. We just can’t be apathetic. We need to start giving our money and supporting other stores. It will be better for us as countries and for healthy competition.

For the benefit of you and the country, don’t shop at Wal-Mart.

The recoupment of medical payments by Wal-mart is a fairly standard procedure. It keeps the cost of premiums down for the employees also. This is a tragedy but Wal-mart is not at fault here. The injured women will have all here needs taken care of by medicaid now that her husband has divorced her.

Walmart may be legally in the right. but morally is totally wrong.
A company, which clearly reports huge profits, should assist one of their own employees in a time of tradgedy. Walmart should pay the money due to the insurance carrier out of their profits, and in addition monatarily help this family. After all, the company can write some of these expenditure off as a charitable donation. I plan to boycott their store and will encourage all my friends and family to do the same. Tsk-tsk Walmart.

Here is an idea that could turn the tables on Walmart via ‘PASSIVE RESISTANCE’ go to Walmart, shop as you normally would or would not, then when you get to the register at the front of the filthy store (literally) tell them you have changed your mind and you will not purchasing anything from Wal-Mart from this point forward due to how they have mistreated the Shank family! If enough people (hopefully millions) do this they will have to pay we much more than the settlement amount just to RESTOCK THE SHELVES!!!

Walmart has a wonderful return policy.
I heard on CNN today that there were nearly 2 million pageviews on the Shank lawsuit article. May I suggest that the next 2 million people who read this find something in their home to return to Walmart. We can then write to Walmart that the reason for our returns is due to the way they handled The Shank family.

I fired Walmart years ago and do not go into the store……and I will do everything I can, after hearing about what they are trying to do to Debbie Shank, to share the story and her plight that Walmart has caused.

This can be considered undue harrasment of the helpless soles. Our Lord has put Debbie Shank where she is for a purpose, and maybe the purpose is to “Wake Up America” to the REAL Walmart!!

A friend of mine was a former employee of Walmart when his terminal cancer struck him, and I know he was not treated fairly either, but he is no longer here to see this.
I just hope this really hits the stockholders of Walmart and makes them wake up to the “real world”.

Never again to darken the doors of Walmart, and will share this story with everyone I know.

My wife and I commend you for airing this heartfelt story about this Walmart brain damaged employee.

We will never shop there again. I sent them an email informing them that we will share this story with our huge Church group.

Keep up the fine job. We enjoy your show.

I work at Walmart, and I have more of a reason to disagree with how Walmart treats its workers. In this case however, I believe Walmart is correct. First of all the mentioning of her son does nothing to the story but show emotional support for the mother, and distracts from the story. It should not be mentioned.

If she did not agree with the medical coverage terms, she should have not signed up for it and look somewhere else.
They should have made sure when they settled, they checked with the medical coverage books that WalMart provides its workers every year.

Walmart will let the flood gates open if they allow a pass for her.

Typical Wal-Mart.

I had pretty much stopped shopping there because almost all their merchandise comes from China. After seeing this report I am done with Wal-Mart. I will not spend another dime with them.

Keep up the good work.

Doug

Why is CNN the first place to air this family’s story? Maybe other networks did, but tonight is the first I had heard of it.

Anyway, I think everyone knows that Wal-Mart is quickly destroying the heart America. They have such a monopoly on everything! My husband is a farmer, so we hear the horror stories from farmers, flower growers and such. One poor soul was ecstatic to get a contract to supply Walmart’s flowers for one season a few years back. One part of the contract stated that they would return flowers that died. This honest man thought, “Sure, if my flowers die, of course they should return them.” Little did he realize, they didn’t WATER them! So, they didn’t sell, and Walmart got their money back. The rich get richer. The poor get poorer.

Sadly, the Shanks’ story is one of many. God bless America and to hell with Walmart!

I don’t know how the owner of wal-mart can sleep at night knowing what they are doing to this woman & her family. First her life was taken away, now wal-mart wants to take away the money that it is now costing to take care of her.
Shame on you wal-mart ! ! ! And if you cared at all, you would not be telling everyone that it is the right for the INSURANCE company to collect what is legally theres. Instead, it surely would’nt put a dent in your pocket to go ahead and pay the insurance company the money it is wanting to take from the Shanks family, instead, it would make people look up to the owner of wal-mart , for doing such a good deed, and actually, showing people that they DO have feelings.

WOW! I will drive out of my way, even with the high price of gas, to avoid shopping at Wal-Mart. NEVER again will I step foot in one of their stores. I hope others will hear this story and help send a message to this company; ” We’ve had enough of your greed, take it somewhere else”. You make me feel sick!

Wal-Mart is a terrible corporation. No ethics whatsoever.

Iranian Ajax

I Should mention I’ll be returning some of the things I bought at Wal-Mart tomorrow!!!

Yes this is tragic but no one has mentioned whether the family negotiated the original settlement with the trucking company or if they had a lawyer.

If they had a lawyer and the lawyer knew about the payback to the health plan, and didn’t negotiate a large enough settlement to cover it then they should be suing the lawyer.

If they didn’t have a lawyer then what can we say.

There is no such thing as “just this one exception” to ignoring the payback requirement. Everyone from here on will expect the same thing, and soon the plan folds.

Where can I send a donation to this family? I was always uncomfortable shopping at walmart due to their poor employee practice, but this has pushed me way beyond uncomfortable to outright digusted! please post the address for donations. and please boycott walmart

Anderson,
I watch your show daily, and have already stated that I am in the “Shanks” position.
This is the real Health Care / Insurance / Legal Dilemna ……..

Almost all situations like Debbie’s and mine must go to trial. If Medical Care exceeds a million dollars or more, ( which is easy today when one surgury can cost 300 -400 k ), and future care can easily cost 100k or more - per year of life remaining,
How does one justify the Trial Lawyers cost of 40 to 50%,
AND,
if it is a hugh award to cover these expenses, People are outraged that the settlement was TOO BIG and HUGE ! ( Even if it might be legitimate. )
So - How might you propose to solve this mess Anderson ?
Ray in Hawaii.

Anderson: Please keep the Debbie Shank/Wal-Mart story in the light. I will NEVER step into a Small-mart store again. Where can we contribute to the Shanks?

Bob
Indiana

The lawyers are the only ones who will benefit from the settlement awarded to the family. If I remember, you said the family’s lawyer received $360,000 in fees, and Wal-Mart wants $400,000. Where’s the justice and humanity in that? We’ve shopped regularly at Wal-Mart since it came to Canada. No more. It’s too easy to ignore opportunities like these to make real choices — to consciously reflect on whether this represents the values we want to live and encourage in the world. We’ll pay a little more and shop somewhere else.

I am without words to describe my disgust for these callous, mean spirited “businessmen.” In addition to her injuries, this poor woman lost her son in Iraq, a war I’m sure the Wal-Mart management supports.

Her injuries have caused her to lose short term memory, so every time she asks about her son, she must be told again that he is gone. It is as if she is hearing it for the first time over and over again. I cannot imagine the pain that must cause.

If these idiots do not come to their senses, grab a bit of humanity and stop this outrage. Now irony strikes home. Just now, CNN aired a piece on this story followed by a very nice ad for Target.

Wal-Mart executives, you cannot be this cold and you certainly cannot be this stupid!! Your shareholders cannot be pleased to watch this on CNN night after night. Make it go away! Do the right thing for heaven’s sake!! We shouldn’t have to tell you this.

I honestly do not see how the Waltons can face each day or sleep at night. They have to be just people made of STONE. There are obviously lots of lessons this family needs to learn about the world and why we are here instead of $$$$$. Learn to GIVE, CARE, HELP, LOVE, HAVE COMPASSION and actually mean it. The Waltons are in a great position to help and yet they chose the route of greed. So sad!

I concur with thoughts of many on this issue. I too will boycott Wal-Mart and have already sent my friends and family an email of this story.

Is there a charity or an address where one can send donations to the Shank couple? This is just deplorable on the part of Wal Mart, but not surprising I guess.
If there is no charity for them at this point, is there something CNN can do to set one up? If you’ve had 1.8 million emails and if each one of those people donated a mere $10, this could change everything for them.
I look forward to a reply or a posting somewhere.

Thank you,

Nicci Milner