Thank goodness for that woman and her family. Wal-Mart should have done it right away! All the bad publicity it still going to cost them. They should have known better. Makes you wonder what kind of management they have employed there.

Congratulations Randi and everyone who got involved with this woman’s story. I agree with Jim when he says that it is great that they are examining their policies.

This is horrible. How one greedy family can stand for this awful. They could write a check and not even feel it. I will never set foot in a Walmart again and send this story to everyone in my address book for them to forward, etc.

At least Wal-Mart came to their senses and let the Shank’s keep the money. But you know it wasn’t out of any caring for her. It was all about saving face and keeping bad publicity down from this case.

Hopefully everything will go smoothly from now on for Debbie. She has been through so much already!

Cynthia, Covington, Ga.

I literally have tears in my eyes from reading this. I’m so moved, by the Shank family, the viewers who made their voices heard, and the people of 360. It is such a heartbreaking situation (this is more than a story, it’s someone’s livelihood), and I can’t help but say a small prayer to whomever for listening out there. This is great news.

One voice is not lost when the message it carries speaks for so many. We make a difference when we strive to help our fellow men. My family too has chosen to speak out against the powerful in order to protect the weak. This story gives us the strength to believe against all odds.
Joanie, Las Vegas

Well I am very happy to hear that Wal-Mart has done the right thing not just here but that they are going to change the policy. It is not going to change my belief in the fact that I will never do business with them again in my life nor will anyone in my family. That may not seem like much but that is about 100 people that used to spend an average of $8,000.00 each year between Wal-Mart and Sam’s.

This never should have happened to this family. Thank you for helping them and for bringing it to public light.

Randi, that is so awesome!

The truth is, though, there are many people who are being unfairly treated by big companies like Wal-Mart. Only nobody ever hears about it.
This whole thing was such bad publicity for Wal-Mart that I was wondering how they could possibly keep suing the Shanks after the story aired.
It’s just a publicity stunt on their part. Let’s see if they really change their policy and to what degree. I hope CNN will fact check that one later.

Randy,

I’m glad that you sometimes get to report some good news like this!

I’m sure it’s a huge weight of Mr Shank’s shoulders.
It wont change Debbie’s mental situation, but at least he won’t have to worry about the money anymore.

Good luck to them!!

This is fantastic news! I am glad Wal-Mart is going to review their policy to allow some leeway in various circumstances. Congrats to Jim and his family on this victory!

It’s nice to know that if enough customers threaten to leave, Wal-Mart will listen to the potential loss of dollars. Sorry. I’m too cynical to believe the spirit of goodness came down on this corporation suddenly and they felt any real empathy for the Shank family. I’d like to be that naive, but I just can’t this time. I am glad they are changing their policy and that Mrs. Shank can keep her money for her care. I am glad this all worked out for the best. I do still believe someone at Wal-Mart will have to answer one day for the pain and suffering their greed caused this family. But I won’t be buffaloed into believing Wal-Mart really cares for the community it serves. I still am boycotting them until the whole mindset changes over there. Good job to all of you on getting the story out! It’s good to know the power of the press (or TV and web in this case) still exists.

I am so glad Walmart has decided to do the right thing here. it proves the voice of the people can be a powerful motivator. Now, if only we could get the people to voice their displeasure en masse about how our government is mishandled.

This family has seen more than their share of tragedies. Thankfully, Wal-Mart reconsidered. Nice job, Randi, and thanks for letting us know the outcome.

Way to go all of you at AC 360 and CNN. This is great example of using the powers of the media to give a voice to the voiceless. I am very happy for the Shank family. this is one less thing that they have on their plates now.
Thanks for bringing this issue out into the open and holding wal mart accountable so that something could be done.

Congratulations to the Shanks! Congratulations to everyone who proved that all of us (the Shanks, CNN, and all of us viewers )can have influence when we come together and take a stand for what is right. I am soo very happy for the Shanks. I hope other companys with similar rules look into changing them. The people have spoken and the very same reaction could very well happen again. They must realize business practices like these are never acceptable. Thank you for bringing tears of joy to my eyes. I wish and hope nothing but all the best for the Shanks.I hope they know that people from all over this country will continue to care about them.

Finally Wal-Mart is doing the right thing - thanks to CNN and others doing a great job in telling this story and the immense public outcry that resulted. Now we need Congress to do something about the legal loophole called “subrogation” which (since a 2006 Supreme Court ruling) had become increasingly common in employee health insurance plans and allows a company to recoup expenses incurred for an injured party’s medical care should that person receive damages from a lawsuit with a third party.

We also need leaders to seriously address the healthcare issue. This is really the heart of the matter. Wal-Mart sold Debbie Shank and its other employees a poor benefits package that wouldn’t help them when they really needed it.

Great job Randi Kaye! Your coverage also led another show to pick it up and declare Walmart that day’s “Worst person in the world”

Thanks for the coverage. I wish the Shank family all the best.

While Wal*Mart is doing the right thing, I still think Mr. Shenk should be asking his attorneys for some of the fees he paid him for the $1m settlement. If the attorney had done his job properly, none of this should have happened to begin with. Additionally, Wal*Mart is entitled to their medical fees back and should seek them from the trucking company.

I am glad, though, for the outcome for the Shenks. I’m concerned about how much longer that money will last but at the moment this is one less thing to worry about.

This story just confirms that the corporations in this country are very un American as they obviously do not care about its citizens the only thing they care about is themselves plus profit. When and where did we go wrong. This has gotten very very disturbing as Americans will only get abused for so long!!! What happened to the old America where a’MAN’ was proud to see his employees thrive , food on the table, kids going to college ,house getting paid off these things used to make area man feel good. Now these men do not even want to pay for labor they just want the finished product and maximum profit. Wal Mart is acting in accordance with todays greedy ways.

It’s a shame that it took the news media and others getting involved to make Walmart do what is right. There are probably others who have gone through similar situations with Walmart. May God bless the family.

I still am not gonna shop there.

I’m glad Wal-Mart decided to let the Shanks keep the money. Corporations should know that the bottom-line is not always the most important thing. Do the right thing is. To Randi and all of AC360 team, be proud that you are a part of the happy ending!

Lilibeth
Edmonds, Washington

This is great news. I always thought Wal-Mart is evil. Maybe not.

Congratulations to the Shank family. I am so glad they finally won this fight.

Randi, you did an awesome job reporting on Debbie’s story. I look forward to Jim Shank’s interview tonight.

Justice!

Randi -,

Leave Wal-Mart alone. I’m getting tired of the AC 360 anti-Wal-Mart specials which always are based on absolutely nothing. CNN has always hated the Company and so does Anderson Cooper. I think and I know that Wal-Mart did not do anything illegal. I support Wal-Mart, I supported Wal-Mart, and I will always support Wal-Mart. Your anger will result in nothing. If the supporters of this story about biggest retailer in the World don’t shop there anymore, I don’t care. But let me tell this - I no longer will watch Anderson Cooper 360.

Wal-Mart supporter.

This is excellent news–Wal-Mart is not the most people-friendly corporation and has a pretty awful reputation, they don’t usually back down, but the public outrage and negative publicity over their heartless treament of the Shank family was too overwhelming for even them to ignore. I’m very happy to know that Debbie Shank will continue to receive the care that she deserves. Well done Randi Kaye and 360.

I’ll shop there. Ohioans especially can’t be wasting money at high end stores trying to prove a point that can’t be proven with a boycott of the nation’s largest retailer.

What broke Walmart down was the coverage. They were getting slammed and were looking at a PR nightmare. This was bigger than their other heartless actions in the past because of the uniqueness of this woman’s situation.

Just about all polices are the same. It is designed to keep people from double dipping. Many do it just for the money and to make out. On occasion you see someone in dire straights.

Great Job Walmart you did a good thing.

What a wonderful success story. Great job everyone. Good things do happen when you have a united voice.

Randi, I read this blog post and like Anderson’s post yesterday…the words of a song came to mind- in this case it is from the song “Heroes” by Paul Overstreet.

“Cause you know heroes come in every shape and size.
Making special sacrifices for others in their lives.
No one gives them medals, the world don’t know their names
But in someone’s eyes, they’re heroes just the same”

Thanks again, Randi, for telling us their story and inspiring us to “take a stand for what is right”.

Randi

That is great news! I’m sure this was not the sort of limelight Wal-mart enjoyed being in and its good to know that your efforts and the efforts of everyone that contacted Wal-mart were heeded. I hope Wal-mart finds it in their heart to help the family more with donations from their foundations. In this world of high health care costs that 217,000 won’t last long. Thanks for sharing this with us!!

Annie Kate
Birmingham AL

Great job CNN! It’s very heartbreaking to realize it took several days of media scrutiny for Wal-Mart to do the right thing…it should have only taken common sense!

You see!!!! Boycotts CAN work! I just had someone yesterday suggest I pick up an item at WalMart. I said “no way! Let me tell you about what Wal-Mart is doing to one of their employees.” I told everyone I talked to this past week. But it’s a shame that companies only do the right thing when their bottom line might be affected.

I forgot to mention that her money wouldn’t go as far as it should … my post would have made better sense.

sorry

Although we don’t have any walmart here in the philippines. It’s a good thing that the company changed their position on the matter. But i think that walmart gave in to the pressure that is why the sudden change of heart. Well good for the shanks.

Froilan
Manila, Phillipines

I am so glad Wal-Mart changed their mind and is also changing their policy.
Great reporting Randi! Just goes to show the power of AC360; it’s nice to see a happy ending.

Looking forward to the interview tonight.

This is a relief…I think they realized I wasn’t spending my usual $150/week there…

I am so glad Wal-Mart decided to do the right thing and give this poor woman her life back. She has been so devestated by tragedy these past few years, she deserves this!

Wow, great story. Glad to see this have a (relatively) happy ending. Those seem so few and far between these days.

Like many I am extremely happy to read that Wal-Mart changed their minds! Legally they had every right to recoup the money however morally it was just wrong! I must admit I am a Wal-Mart shopper and onely ebcause they price match, it saves me 4 or 5 trips to different grocery stores for savings! However within the past week and a half I have not been to a Wal-Mart because of the story and personally do not know if I will go back as I do not miss the rude cashiers, the long lines, and all around negative atmosphere. Congratulations to the Shank Family!

Congaduations Walmart for having a heart, however, how did this incident occur in the first place? Is this a matter of lack of government regulation, or is it a matter of government regulation that allows this type of incident to happen. Has it happened before? Can it happen again?

I think everyone who complains about their job should go to work at Wal Mart for one month and then be allowed to go back to their job. They will have a new attitude. I know I did.

Great job Randi. I hope CNN does more stuff like this!

I cannot believe Walmart caved into this situation.
My mom had something happen to her with her insurance and she had to pay back every penny she was paid.
ALthough her situation is a little different her ins. company paid her long term disability after she had a relapse with MG causing her to not be able to work anymore and after battling SS for almost a year she finally got her SS and she had to repay the ins company 100 % of what she was paid by the ins company.

Hey Anderson / Randi
Good work and God bless Debbie. What about the other villain in this sordid episode, Debbie’s lawyer who pocketed 300k, why is getting a pass?

Thank God a corrupt corporation has finally done the right thing, even if it was to save their own profits. Some self-centered, mindless young Wal-Mart Executive won’t get to buy that extra condo. We should all feel sad for him (or her). Wake up America! The corporate corruption is only going to get worse. And fixes like this Wal-Mart situation will only occur if their profits are affected. So stop buying from the corrupt!!

The constructive criticism of Walmart’s health insurance policy was informative, but I question why the settlement was 60% in favor of the lawyers and only 40% for the injured party? Maybe the lawyers should reconsider their policies as well.

Jeffrey makes an excellent point — one that I was surprised hadn’t gotten more play earlier in this Wal-Mart story: this is one consequence of not having national health care. Perhaps if the millions of people who mobilized for the Shank family — or, better yet, the 47 million uninsured individuals in this country — were to speak out in favor of a fairer and more just system, something might actually get done. Not just by Wal-Mart. But by America.

I am delighted to hear that Walmart decided to let these people keep the money. However two issues come to mind. One, insurance is based on real actuarial data and the company should be covered for these expenses on that basis. Especially a company with 1.3 million workers can easily absorb such payments given how high premiums are. When companies go after these payments they are just padding executive bonuses. Secondly you speak out just as loudly about the blood sucking attorneys who took so much of the settlement. Poor people suffer at the hands of the powerful because they can only get an attorney interested when they get a slam dunk case like this one.

i am glad that the family is going to keep their money, but this is a biased story by CNN and they did not mention the most important issue. What about the attorneys that took about half of their initial settlement? Why didn’t CNN and Anderson go after the greedy attorney’s that demanded so much of this poor woman’s settlement? Why, because it would not have made the news! This is hack journalism at best and the folks at CNN need to hire some competent reporters. Did anyolne ever interview the attorney’s and ask them why they could not reduce their large fees to help out this poor woman? They had a signed contract too, but I did not see anyone try to dispute it’s legality. I have seen better journalism on the wall of a bathroom. Publish the entire story and not just sound bites to get ratings. Walmart initially did nothing wrong and in many states, companies are allowed to subrogate for damages caused by another party. Walmart was within their legal rights. Unfortunatley, a bunch of folks did not get their facts straight and wanted to organzie a boycott against Walmart. Boo Hoo! Now that Walmart has dropped their recovery lawsuit, why not interview the legal team that won the judgment and ask them to give back some of their outlandish fees? Why not start an internet boycott of this law firm until they pay back some of the money? Now, this would be newsworthy!

Fantastic job Randi!
I’ve always enjoyed watching your reports. This is one brought tears to my eyes. What an inspirational story!
Thanks AC360’s crew for covering this story

God bless

I refuse to shop at walmart. Even though there prices are cheap I refuse to go into there store. I would rather shop at a store with good values that those multi billion dollar corporations. I just saw the stats on walmart. They make 356 BILLION dollars a year. I doubt 400,000 is going to make them file for bankruptcy. The donate to charity(so does many other smaller shops in this country) so why isnt this considered a charity case. Its ridiculous. I hated walmart before and I hate it now. Will never shop there.

Don’t ever think for even an instant Wal-Mart after further review did so the family of one of their associates didn’t have to suffer. BS. This is based solely on Wal-Marts bottom line and damn sure not out of the goodness of their hearts. Had CNN and MSNBC not brought this to the surface this family would have been paying Wal-Mart $470K .
For any corporation to claim they pay health insurance for any employee including Wal-Mart is laughable nothing in the world is free including heath insurance . Employees pay it themselves they just never pay it out of their earnings they merely get lower wages to cover it . So for any corporation to claim they are recovering their loses is pure BS.

Kudos, Randi Kaye. This would not have happened without your story . Because of it, somone did some soul searching and perhaps put themselves in this sitauation to help thm reach this decision. Probably not, it was more likely about $ and the fallout, but whatever the reason, it itouches the hearts of Americans and their faith in society that the big players will do what is right , even if it is forced upon them. My faith in society and doing what is right has been somewhat restored!

What a great turn a round, I was ready to boycott WM for this stance and I appreciate what ever made them change the decison– most likely the amount of press the past days. Good move Wm, you really do have heart!!

Since you were instrumental in getting the 2nd most charatable organization in the world to give up their legal rights in this case, why don’t you go after the attorneys who took 1/3 of the awards in the first place? Could it be that CNN executives are scared of lawsuits themselves? It seems that no one is willing to take on the real bad guys in this case–the attorneys!

Though I’m no fan of Wal-Mart and am pleased to see they aren’t pressing to get the money back. Everyone has overlooked the SHARK attorneys who took the majority of this womans trust fund. What justifies them taking over $500,000????

Well done, Randi– good for you for staying on the story. As a follow-up, why not ask Senator Hillary Clinton about WalMart. In a previous incarnation, Hillary served on their board for seven years and presumably still holds sway with them Perhaps she might advocate for others in the future who may be punished mercilessly by Walmart.

Randi,

Wonderful job. This victory was achieved only for your outstanding reporting. If I would have power, I would honor you by giving Alfred I. duPont Award right now. But I will keep saying this until the duPont-Columbia jury select you as a winner.

Pothik
Maple Grove, MN

Dear Mr. Cooper and Ms. Kaye,
I just watched your story on Wal-Mart and the story of Mrs. Shank. Bravo. I am extemely happy that public opinion has forced this mega billion dollar company to do the right thing. I remember reading about this story a couple of months ago in the Wall Street Journal and how totally outraged I was that they were going to sue this family. As Mr. Toobin pointed out, they had every right, but what justification does a billion dollar company, that robs Americans of jobs and a decent health care plan have to file this lawsuit. I am overjoyed that your coverage forced Wal-Mart to find their humanity.

Great job in airing this story. I’m happy but amazed they backed down. I was injured while working at Wal-Mart Feb. 20, 2007. I suffered 7 stitches, the complete loss of hearing in my right ear and 40% in my left ear. This along with the dizziness, vertigo, and short-term memory issues. To date Wal-Mart work comp has only paid the $68 for the drug screen following the accident-which of course I passed with flying colors. My only question is how many others they have done this to before your story forced thier hand. Sam Walton must be turning in his grave with what current management has done with the company he spent his life building.

I just wrote the CEO of Wal-Mart to tell him I had decided to never shop at their stores again after seeing the coverage of the woman who worked for them and how they were taking her small amount of settlement money to care for her at this point in time. I raised 7 children running to Wal-Mart almost daily for their needs, gifts, clothes and school supplies. I am happy Wal-Mart changed their position on this matter and I wish they would take this woman into their “family” and help her some more.It would make my return to shopping there a happier experience.

Randi, this is a wonderful job. Those monsters should never have done this to that poor woman in the first place. They reversed their decission only because of the public anger. Me or my family will never shop wal-mart not only because of this story, but also because of their inferior quality merchendise. I can save money by shopping good durable goods than wal-mart’s chinese garbage.

tony

Good Job to CNN
Not only you made difference in this family ’s life. You made it as well for the rest of Wall-Mart employees.
Randi ,keep up a good work .

I just saw the story about the woman from Missouri and I am very pleased that Wal mart relented. I think that they did the right thing. However, I am a little bothered by your legal analyst passing any judgement on Wal mart. Everyone agrees they did the right thing even your analyst, even though Wal mart was within their legal right to recuperate the money they spent. But what bothers me is that your legal analyst has the nerve to say about how good Wal mart was in dropping the case, when colleagues of his profession took a larger portion of the settlement in legal fees than what Wal mart was trying to recuperate. Where’s the generous nature of lawyers who profitted greatly from this woman’s tragedy

Great job 360! I suppose some people out there think Wal-Mart would have done the right thing by letting the Shanks keep the money with out 360 covering this story. No Way!! Greed. Pure Greed. In Georgia we have over 10,000 of Wal-Mart’s employees on Medicade. What does that tell you? They care? Wake up people Wal-Mart is evil.

Certainly this is a tragic story, and I’m relieved for the Shank family that they will have access to the remaining funds for Mrs. Shank’s care. However, to me, the real travesty is the fact that from an original award of “nearly $1 million,” almost $600,000 of it went toward “legal fees” necessary to secure the award from the trucking company and its insurance carrier. If you want to point a finger somewhere, seems to me maybe you should start there.

I feel for the family. This is a tragic and difficult situation. I’ not sure which state they live in, but I understood that the husband divorced his wife and had applied for Medicaid,which I assume she is getting
So now that Walmart has allowed the family to not pay back the amount of the already paid medical bills,and after the million dollar settlement, or what is left of it (@200,000, is her husband going to cancel the Medicaid, or does she now qualify to have both?
Is her husband now going to remarry her?
This is very controversial. It doesn’t seem fair to others if gets all this assistance. There are others that do not have even this much, and no one is helping them.
Walmart is just saving their name. Does this husband or I should say ex-husband value money and publicity more than his now ex-wife ?

I am so glad to hear that Wal Mart has “seen the light” and decided to drop their cruel lawsuit against the Shanks. Finally, they did the right thing! God Bless the Shank family.

Anderson and Randi–
Follow up question and info on the Walmart story: Was it true that there was an allegation that Debbie had fallen asleep while driving which contributed to the accident? Because the drive of the truck was killed and there were no other witnesses the trucking company was therefore liable? I’m not suggesting that we start blaming the victim–as if anybody would diliberately do anything to cause an accident with a semi. However, from what I was told by a Walmart employee family member, it seems the support for Debbie being able to keep the money from the health insurance plan was not universal.

I completely agree that the insurance plans are far too quick to go about the business of recouping every last penny they might have paid to a beneficiary, regardless of the circumstances. I have even fielded one of those “pay it back” letters and the attempt to recoup costs from as little as a $1,000 settlement my elderly mother recently received! Where as, these companies are no where near as “liberal” in their interpreation of a beneificary’s claim.

I am glad Walmart found it’s conscience in this instance. You have certainly shown what shining the media spotlight on corporate behavior can achieve!

So glad that the story and our opinions can make an impact. This story empowers us all.

You did an awesome job on the Wal-Mart report, Randi. Way to go, keep up the good work.

You are truly bless person.

I have a ? Randi,

Would you follow up with Wal-Mart to see if they acutally will change their healthcare policy guidelines. I would like to see Wal-Mart really make changes to their ‘fine print’. Thanks.

Way to go!!! If it weren’t for you no one would have know about this, and so many have benefited.

Be cool Wal-Mart, be cool……don’t disappoint me.

Thank goodness Wal-Mart woke up and did the right thing. That still doesn’t make them a good company. I have not been in a Wal-mart store for ten years and I don’t plan to ever. I go to all of the good stores where I can get good stuff that lasts along time. I will continue to do so. Wal-Mart can keep their china crap. Thankyou 360, very good work.

This is great news for that woman, I think we’re all in agreement on that one. But don’t be fooled everyone, this is just Wal*Mart’s way of taking the pressure off itself. As soon as everyone is there shopping away again, they’ll be back to their old tricks. Don’t forget this glimpse of what Wal*Mart is really about. Or simply rent a one of the several documentaries that shows their “interrogation-room” style meeting with vendors and business practices that send jobs overseas. This is not an evil or immoral policy, it’s the company.

I guess walmart figure it out, lose 470,000 or lose millions of customers.

I live in Guadalajara Mexico… and I am Glad Debbie gets the money… but damage is done let see how many people forgive walmart.

I wonder how many cases like this one there are out there. 1 Down many more to go….

Congrats… Debbie

Cheers from Guadalajajra, Mexico.

Wow Now that’s news baby!!!!
congrats to the family. It’s nice to know they came to their senses.

I WILL NEVER SHOP AT WALMART!!! THANKS ANDERSON

We collectively are appalled by Walmart wanting the money back….how did the lawyers that originally represented her with the trucking company end up with over $500,000 of the 1 million dollar settlement?

It is interesting why no one has questioned why the lawyers walked away with over half of her settlement. She received less than half of her total settlement.

I think that Wal-Mart made the right choice in letting her keep the money.

This is a terribly sad story and I greatly sympathize with the Shank family. On the other hand, I see why a company would have this policy…….if people are allowed to get double coverage from an accident (once from insurance and once from a lawsuit) insurance premiums will go through the roof! What a short memory you have….I believe that this has been a major topic of conversation during the last 18 months of campaigning.

Wow, is everyone going to run to Wal-Mart and do their shopping now?

Im glad a big company can have flexibility; however, for every story like this, there must be a hundred others involv. large corporations. Are you sure cnn isn’t just selecting this because it’s big bad WalMart ?

Finally after almost breaking their arm Walmart proves it’s not completely heartless

Well done Randy, well done Anderson, well done 360 team! What a brilliant piece of news to start the month!

Randi Kaye - you ROCK! This is fantastic news!!

I am very happy that the lady of the Wallmart case is free to pay. I think is the right thing. Congratulations Randi Kaye and AC360 to show the news, even when you can not tell the people what to do, you made a big contribution showing a very shock and sad story in a responsable way. Thumbs up!
Best Regards from Venezuela

Don’t be giving Wal-Mart a big pat on the back for this one, they truly only have one motive….that being, the negative press….what if this family had never fought…..shame on Wal-Mart, they aren’t all that fabulous…

It is great that Wal-Mart gave in. Thank you CNN!!!

However, why is it that no one made a BIG DEAL about the law firm taking as much as 300k of her settlement monies?

Fair is Fair….

It is great that Wal-Mart gave in. Thank you CNN!!!

However, why is it that no one made a BIG DEAL about the law firm taking as much as 300k of her settlement monies?

Fair is Fair….

thank God. I was going to Walmart this morning, I needed something from there so bad but am gonna tell you as I parked my car my spirit was telling me you can not shop here, I turned around and went to a different store to spend more money but guess what I was so proud of my decision. I watched the good news now am am so glad walmart made the right decision though I still need time to heal before I can go to walmart again. Thanks to everyone who mad this happen.

I was disappointed that CNN gave the impression that they were the only news agency to push the “Wal Mart vs Debbie Shank” story and that they were the only ones instrumental in getting Wal Mart to reverse their decision. I watched several other cable news stations and they also pushed the story every nite in hopes of shaming Wal Mart into reversing their original decision.

We should not let Walmart off the hook on this issue, without the public out cry I am sure that they would have continued on and took every cent that this family had. Just because they can? Come on it took Walmart EIGHT years to get a clue. I won’t let them off that easy, someone in their organization should have stood up and said, is this the right thing to do? The answer was no EIGHT years ago just as it is today. Think of all the legal fees, stress and time that this family lost through this entire issue. I will not be shopping at Walmart.

Thank you for the Walmart story. Where is the outrage that more than half of this woman’s settlement went to the attorneys — that is more than Walmart was after??????????

I am very happy that the lady of the Wallmart case is free to pay. Congratulations Randi Kaye and AC360 to show the news, even when you can not tell the people what to do, you made a big contribution showing a very shock and sad story in a responsable way. Thumbs up!
Best Regards from Venezuela Nice web cam…

It is great that Wal- Mart gave in. Thank you CNN for bringing the story to the public.

However, why is it that no one made a BIG DEAL over the law firm taking as much as 300k of Debbie’s settlement?

Fair is Fair.

Thank you for your story. This family needed justice, I live in Wyoming and told everyone who would listen about this story. I just sent a donation in the mail to the Shank family today. I just saw your broadcast and it brought me to tears. There is some justice in the world. I also appreciate the disclosure made that Walmart is only one of many companies that have policies like this. Your really really made a REAL difference with this choice of story. Thank you.

WalMart did make the right decision, but keep in mind WalMart has a health plan to deal with these issues. The intent of insurance is to compensate an individual. Insurance is not in place to allow an inured person to collect multiple times the damage from different sources. What is of concern, which you did not address, is how the fees to attorneys are justified.

If the settlement or verdict was for $1,000,000 then how do you rationalize, accept and not discuss on air, how an attorney takes more than 50% of the settlement.

I suggest you review the entire case and not linger solely on Wal-Mart. Your limited perspective is a clear indication of your willingness to bend a story to fit headlines. Thank some higher being for giving us NPR. While NPR may slant, it does at least take the time to investigate and seemingly report many sides of an issue. Agree or not.

Time to get real 360. Fair reporting with a highlight on constructive responses to issues would be a worthy cause

Wal-mart finally did the right thing. But the emotional and mental toll this had on the Shanks is unforgiveable.

Look for the Subrogation provision. Even Medicare and Medicaid have this clause and unlike private companies that are willing to negotiate a percentage of the cost the federal government will not. Look out if you are on Medicare and Medicaid and get a settlement.!!

Without minimizing the tragedy experienced by the family that was the focus of Randi Kaye’s report on the WalMart health plan, her report failed to emphasize the fact that virtually all health insurance companies and self insured employers have a provision in their health contracts that is the same or similar to the provision in the WalMart health plan. While your report seems to have helped one family, you had the potential to provide valuable information to millions of your viewers had you spent time exploring two broader questions: how common is this kind of practice among health insurers, and could it happen to you?

Bravo! To CNN and other news channels for brining light to this topic. Also mega Bravo to Walmart!!! It is hard to put ego aside and do what is right and they have to be commended in being open from whatever pressure they receive. I wish our politicians learned that when people who vote for them make decisions on what is right on what people want. I am not a regular walmart shopper but this goes a long way in swaying me to shop more at walmart.

Oh My God that is AWESOME!! I was crying reading the article. It is nice to know that Wal-mart has a heart. Good for you wal-mart you did the right thing. I Hope this brings some peace to the Shank family and mainly Debbie. My god bless the Shank’s.

Great for Debbie!

But don’t think for a minute that Wal-Mart cares about any worker! Don’t work for them and get hurt ,your done!

CNN’s David has brought down Goliath!

I would bet that Sam Walton is rolling over in his grave over this sad story! He cared for his employees and supported humanitarian causes as well. He wanted to provide decent jobs, as well as benefits for those who work for Wal-Mart (at least that is how he is portrayed in the company’s training films that I watched so I could work there last summer - I worked on the overnight shift so that I could be with my family during the day, just like Debbie). Corporate America forgets that they are not built of bricks, but of individual workers who show up for work every day!!!!

Way to go, Randy. This is an example of great journalism and is a terrific human interest story to boot! Congrats-we are all proud of you.

Well this is a great ending to a sad story. But before CNN takes too much credit for this, please know that Olberman has aired this story EVERY night, threatening to do so until Wal-mart caved. Your story was important as were those from other news outlets but I suspect the pressure of having an unflattering news story EVERY night had something to do with it.

Just a guess from an ex-journalist.

Thank you, Randi, first for bringing us this story and then for giving us this great update! When the media brings us a story like this and then we as individuals use what power we have(in this case our shopping dollars), what an awesome opportunity to bring about change. I honestly didn’t think Walmart would change, but I like many others wrote them and let them know I would never shop at Walmart again and I was cancelling my Sam’s Club membership. What a great day for real justice to be served for the Shank family. Thanks again for all you and CNN did to bring this story to our attention.

Anderson,
This was some really good news and I know you are glad that your show had a lot to do with the outcome.

Why do we not expect the lawyers to give back some of their fees.
Why do we not expect the hospital/medical system to give back some of their fees.

I am not for against Wal-Mart however we are blinded by unreasonable logic.
We all want the inexpensive prices, but want to destroy the entity providing them.

Wal-Mart deserves no credit whatsoever for their so-called change of heart. They did not reverse its decision because it “saw the light”–they did it because they saw the money!

Wal-Mart only backed down because the CNN story was creating so much negative PR that the negative financial impact of this PR was larger the the money they were trying to recoup in the law suit. Large corporations have accountants, finance staff and others who can calculate in financial terms the financial impact of “negative public sentiment” (the opposite of “good will” which accountants can also estimate for a given PR issue. In other words, this was a simple cost benefit analysis-based decision.

Praise the power of the media! Today I just told my 8 year old daughter and other relative to boycott Walmart and Sam’s Club. This was morally wrong on so many levels. I’m relieved to hear the good news for this family! God Bless Debbie’s and her family.

this good news. but i feel that the Wal-Mart trust funds should step up and donate more money to this family. for what Wal-Mart has put this family through. the 217 k that remains in that trust is no where enough to care for this poor woman and i am sure the family had to spend much needed money to defend them selfs from the evil empire that is Wal-Mart.

I am so happy to hear Wal-mart reversed it’s decision.

Anderson and company,
Great work on this story. Thanks for standing up for the little
guy. I will still not shop at walmart ever again but am glad they came
to their senses. I hope other companies follow. Suggestion.
Why not have a special segment each night on unethical
big business stories such as this one. And yes, maybe even
a few good big business stories; about a company that chose
values and ethics over greed. Maybe we can change things
one by one with your help.

Congrats to the Shanks and thank you CNN for bringing this story to light. Obviously Wal*Mart realized the devastating PR hit they would take if they didn’t have a change of heart. Their doing the right thing just saved the company millions of dollars. Win/win for everbody. Just a reminder to all big companies out there. WE are watching you.

Thank you for the story on Debbie Shank and her family & the struggle and loss that she and her family have gone through. The story was factual and did not paint Walmart as having broken any laws but clearly showed how they forgot that common decency needs to be applied every day. What a triumph for everyone that Walmart is going to review and change their policy. This affects not just the Shank family but also the thousands of other familys who are connected to the Walmart company. I took the time to email corporate Walmart after seeing your piece and we discussed as a family how we could have some impact on this situation and then we took some action. We hope our small part contributed to this change of direction. Thank you again.

Once again, good for the Shanks, but I think we are all missing the big picture. From this aritcle you would think a Walmart Semi truck hit this lady. It was a Semi truck from another company that hit this woman when she was not at work at Walmart. That company’s auto insurance should bear the entire brunt of all past and future treatment that Mrs Shanks needs. Walmart’s employee health insurance should not have even paid on the claims all claims should have went to the auto insurance. All driver’s are required to carry auto insurance with enough to cover medical expenses and if that is not enough then you get a lawyer and sue for the additional amount needed. I don’t think the lawyers on her case represented her well and they settled way too low especially since they were going to take most of the settlement. I agree with others this story was poorly investigated and not all the facts presented. And where does this leave Mrs Shanks….still with a pitiful settlement to live on and pay for her treatment for the rest of her life. It is not Walmarts fault that she cannot return to work it is the truck drivers. It’s not Walmarts fault that she will have doctor bills the rest of her life. And I suppose some people will think that Walmart bears some responsibility to set up a trust fund for her. I agree with one of the other post, why not investigate the lawyers as to why they didn’t seek a better settlement for this lady.

This should never have happened…regardless…the Shank family are human,their son is a hero for our country…
Is this some kind of cruel April Fool’s joke?
Walmart,there’s no excuse,and as for being an employee of Walmart,who pays for health care through you,I would have had no problem paying a little more to help them,through insurance costs or deductible rates,to insure that I myself and the ones that I love would be taken care of in my or their time of need.

Randi,

Great story!!! Glad to see that all the publicity on CNN had the big giant Wal-mart to change their policy.. This was a great warm-felt story, and the “little people” won!!! Keep up the great job Randi!!!

What happened to all the money? A truck ruins a persons life and all they get is money for upcoming care. Wheres the money for pain and suffering, wheres the money for lost wages. The lawer for this couple new going in that a third party settlement would mean repayment to the insurance company, why did he/she not get that up front. Either we are not getting the whole story or their lawer really did a bad job.

Randi: It doesn’t matter whether WM did it because of bad publicity or not - they need to do it because it’s the right thing to do. The people have spoken and businesses need to be listening. You are to be congratulated Randi for being the catalyst in this excellent piece of reporting. Well done and I echo Jim Shanks’ thanks and praise to Jesus.

To Randi, Jeff and Anderson

Great job guys! This is great news for that family. Its so nice to hear there are still some people in this world of 24 hour news that care about people in this country. I watch you all the time. Keep up the good work. And also to all those who supported this family, Great Job.

This is a Normal response for Wal-Mart , that is not to take responsibility for anything, no concern for the people who have made them what they are their customers and consumers who have helped to make them what they are. They are greedy and have hurt more people in this world than they have ever helped. WE HAVE MET THEM FACE TO FACE ON OCTOBER 28,1995! They have torn our family’s world apart and noone seems to realize what they are and have been doing to this country and our economy. I know, our entire family knows but not like my husband Tony and myself do. This story is a big story and was a precedence setting case and as Wal-Mart’’s Lead Attorney said to the jury in summation “This is a very IMPORTANT CASE.”
iT was for them and thousands upon thousands of people who they had claims filed in one particular part of the story.
We live in Atlanta, Fayetteville, GA 30214 to be exact and there is so much to this story. They are ruthless and do not care about the suffering of other people or how much they break them or destroy their customers or employees. I welcome the opportunity to tell what we know they are capable of and what our judical system is in their in their pockets. Wal Mart is within their rights according to some people who do not know the real “Score” with this company, insurance companies and Judges.
I grieve for this family and know allot about their mental anguish/.There is not HUMANE REASON for Wal Mart are doing what they are doing.
Ann Bowers

Anderson
Could you please let us know what happened to the 600K the lawyers must have taken.
Did they offer to share this with this patient ?

Hello there Anderson Cooper & team
I have some critisim. No I don’t actually.

You all inspire me you know.

Randi is such an amazing part of the show. What a good Journalist. I admire her work so much.

Its amazing so see what transpired in the last few days with Wal-Mart as this is what would seem to be a direct result of Randi’s great reporting work . You all do such inspiring work. This makes me want to see this show every single day.

I am so glad this story was uncovered and such a positive outcome has come of it. I’m so happy for this family to be able to have finally found restitution and wish them many blessings. I hope other companies are paying attention as well. Stop beating up families and individuals for the sake of the almighty dollar! It appears that the little guy in this United States has found a voice thru Randi and CNN. Thank YOU and all the strong responses that ‘encouraged’ Wal-Mart to do the right thing! Maybe, finally, we have found a collective vehicle to make a difference when dealing with corporate culture and naughty capitalism.

Better late than never. However WalMart reminds me of an old saying that just because you can do something, doesn’t mean you should do something. While Walmart might have had a right to do it, they never should have pursued that poor woman and her family. Corporate greed gone wild.

Michael . This story aired first on 360 with Randi Kaye.
Olberman had very little to do with this. The Huffington
Post has it all wrong. Do you not hear what Mr Shank
said during the interview ?

I feel for the family and glad they now have more money, but you can hardly call y our reporting on this subject fair and unbiased. You clearly had an agenda to get Wal-Mart to give in.

If you are going to do advocacy journalism, at least be honest about it rather than hypocritically making snide comments about other shows that do the same.

Don’t be patting yourselves on the back so soon. WalMart has “stepped up to the Plate” and rescinded their lawsuit. But….Take a look at the premium hike that they will most likely levy against all of their employees next year. I personally think that the long term care issue was outside of the WalMart health care policy but because of the ignorance of reporting making it look like WalMart should pay for her care — not the trucking company who really robbed her of her life — WalMart needed to look like they were stepping down. However,…WalMart will get even in the long run at the expense of the rest of America.

Why is everyone congratulating and praising Walmart for doing the right thing? Kudos should be given for doing something above and beyond what is expected. In this case that would be to make a contribution to her trust in addition to dropping the lawsuit. Praising them for their actions in this case is like giving a shoplifter an “attaboy” for returning stolen merchandise to the store after he was caught by a security guard in the parking lot.

The only reason WalMart decided to let her keep the money is because of the public outcry. Do not praise them for having to be forced to do the right thing. This is emblematic of the way WalMart operates - profit and market domination trump concern for all else, regardless of who gets run over in the process. This is the reason I do not shop there.

May I add that praise should go to Randi for the great job reporting.

I know that this comment will neither be appreciated nor posted as everyone is celebrating David slaying Goliath, but I will submit it anyway. After a number of years working with rehabilitation patients, I can say that most if not all settlements include payment for acute medical care, Health insurances generally put a lein against these settlements as repayment for the medical expenses that were covered. There is also a portion of the settlement which is based on projected future medical expenses as well as loss of the patient’s future earning power. In other words, the money for coverage of previously paid care is intended to go back to the insurance carrier with the goal of reducing premiums. My question is how fair is it for all of the other Wal-Mart employees who may have had equally as heart wrenching stories and did not have CNN act on their behalf. If I were a castastrophically injured patient or the a family member of a catastrophically injured person’s family, I would be pretty angry. The basic problem is lack of adequate insurance coverage for acute medical, rehabilition, and long term care. Go after the insurance companies and not Wal-Mart.

I viewed this evenings story and have read through all the posted blogs. How incredibly sad that it had to go this far! That Wal-Mart just couldn’t do the right thing in the first place. How is that really? It took this being widely publicized for them to make a change. Morals where obviously thrown right out the window on this one. They should have done the right thing in the first place! It truly is all about the bottom line for them, and Sam Walton would be rolling over in his grave. This whole incident never should of taken place, because if Wal-Mart is such a family oriented company then why did it happen. What happend to taking care of their associates? Sounds like it’s more about taking care of them, and what’s good for them. They should be ashamed, because they have not only tarnished the Walton family name and what it stood for , but the town in which they are based. They didn’t do the right thing because they had to it was simply because they where forced to, and it helped save face pure and simple. Wal-Mart should have been trying to help these people, because I know for a fact that there is an Associates in Critical need fund, and this fund is based on donations by the Associates. Was any monies used from this fund to help this family? What will it take for the number one retailer to change it’s ways? Another former employee going through a tragedy such as the Shanks. I am curious to see if Wal-Mart changes their insurance policy, but am not going to hold my breath. Words are good, but actions are better. Wal-Mart can talk the talk, but when it comes down to it can they walk the walk.
Thank you CNN for bringing this story to let and keeping us all informed of the situation, and it’s outcome. As for the lawyers shame on them for being so greedy they need to answer for why they took such a big piece of the pie. Give me a break! These people have to survive, and forking over $500,000 doesn’t help. I do hope that the Shanks have a home suitable for Debbie’s living conditions, because I am sure there had to be modifications and those aren’t cheap. Have these modifications been done? Sounds like a job for Ty Pennigton and his crew, if not.

Thank you again and please keep us informed if any changes are made to the Wal-Mart health plan, because there are about 1 million Wal-Mart employees and they deserve to know the truth.

I still think Wal-Mart is evil. They just realized they would lose more profits because of bad publicity than money that would be attained from the lawsuit.

The underlying problem in the Wal-Mart case has been completely overlooked and now that Wal-Mart has caved-in, the real problem will not be addressed – which is why Wal-Mart caved-in. This case was not the result of anything specific to the Wal-Mart health plan, nor is it an isolated case. It was the result of Federal law and a U.S. Supreme Court case decided in 2006 after Chief Justice Roberts and Justice Alito came onto the court.

Health insurance plans which are set up pursuant to the Employee Retirement Income Security Act of 1974 (ERISA) are governed by a special set of Federal laws. These laws state that if a plan has paid benefits to a member and that member then collects damages from a third party, the member has to reimburse the plan. Known as “ERISA liens,” these claims for reimbursement cause unfair results to injured parties on a routine basis. The Wal-Mart case is not an aberration because almost ALL employer-provided health insurance plans are set up under the ERISA rules.

All the way up until 2002, there was some question as to whether the ERISA laws were enforceable, causing case-by-case fights between plaintiffs’ attorneys trying to protect injured clients’ settlements and insurance plan attorneys trying to take the money away. In January 2002, the U.S. Supreme Court issued a decision in the case of Great-West Life & Annuity Company v. Knudson, 534 U.S. 204 (2002) which basically said that the plan’s lawsuit against the member-beneficiary was a “legal” action rather than an “equitable” remedy and as such, it was not authorized by the ERISA law since the ERISA enforcement mechanism found at section 502(a)(3) only authorized “equitable” remedies. The opinion was authored by Justice Scalia who was joined by Chief Justice Rehnquist and Justice Thomas. While it may seem counterintuitive that the most conservative members of the court issued a decision which was good for injured parties and bad for big business, they basically decided the case on a “strict constructionist” viewpoint – strictly reading that section 502(a)(3) simply did not provide for a “legal” action.

Still, the decision was bad for big business. Enter Justice Alito and Chief Justice Roberts (and most likely 4 years of intense lobbying by said big business against said decision). On September 29, 2005 Chief Justice Roberts was sworn in. On January 31, 2006, Justice Alito was sworn in. A mere three and a half months later, on May 15, 2006 – in one of the very first decisions of the new court – a unanimous court, led by Chief Justice Roberts, did a complete 180 degree turn-around and decided that a lawsuit by a plan administrator against a member-beneficiary to recoup benefits was, after all, an “equitable” remedy instead of a “legal” action and as such, it was allowed under section 502(a)(3) of ERISA. This was the case of Sereboff v. Mid Atlantic Medical Services, Inc., 547 U.S. 356 (2006).

For four years, plaintiffs’ attorneys and their injured clients had enjoyed a short-lived reprieve. However, after the Sereboff decision, the issue came back with a vengeance. The Sereboff ruling was so sweeping and so all-encompassing that we now have no argument whatsoever to use in protecting our clients from this punitive over-reaching by employer health plans. Moreover, the Sereboff decision made the asinine declaration that such reimbursement claims were to be paid from settlements FIRST – before attorney fees and before the client has been made whole. For example, if a plan has paid $25,000 in medical bills and the case against the at-fault party settles for $25,000 (because that was the limits of the at-fault party’s insurance coverage), the plan gets the entire $25,000, even if the client has some unpaid medical bills which were not covered by the health insurance plan and even though this leaves the attorney with no fee whatsoever to compensate him or her for countless hours spent on obtaining the $25,000 in the first place.

In other words, while the final outcome on the Wal-Mart case was a start, we need the media out-cry on this issue to continue until congress fixes the ERISA law

If a health insurance policy has a clause that states it must be reimbursed for money paid to an insured from a settlement, then why doesn’t the insurance company have to return all premiums paid?
If the company collects all that it paid out, then it didn’t provide any service to the insured.
Furthermore, why did Mrs Shank receive such a small settlement? Why doesn’t she have life care?

For the first time in years: Anderson and team you were absolutely WRONG! You made your own mind and ganged against the legal right of a company that makes a lot of money out of bringing the prices under control all over our Country.
Populism works, we know, in this case it was an exaggeration of it in the Media Power that you exercised. Those people “so called victims” blatently confessed they divorved to profit from our system, meaning from the American People. That is Fraud. Same thing what they did with the settlement, they defrauded Walmart. Walmart is in for a number of legal battles with this wrong precedent caused by CNN and your team. Still, you are my better choice for news, but your criteria is dented now.

I’m glad Wal Mart came to its senses, although it would be nice if they could throw a few more $1000 dollar bills into the kitty.

As the caregiving mother of a man who was hit by a drunk driver thirty-five years ago and has a traumatic brain injury (TB