Wal-Mart Sues Brain Damaged Employee As Reward for Giving Her Health Insurance
Just when you think that Wal-Mart had already exhausted every last possible strategy for screwing over its employees, here comes this story in the Wall Street Journal. Deborah Shank, a Wal-Mart employee gets into an accident with a semi and ends up permanently brain-damaged a few years back. Her Wal-Mart health insurance paid her medical bills, but she also sued the trucking company for damages. She wins $700,000, which after legal fees and expenses, nets her about $400,000, which was put in a trust to pay the nursing home she now lives in.

But Wal-Mart gets wind of the settlement and turns around and sues Shank for $470,000, the money its insurance company paid for her care from the accident. Now, the woman is reliant on Medicaid and Social Security and Wal-Mart apparently got a much needed windfall.

Wal-Mart isn't alone in such behavior. Insurance companies seizing lawsuit winnings from catastrophically injured Americans is a common practice that gives lie to the notion that anyone gets rich off a personal injury lawsuit these days, as insurance companies often get first dibs on any judgment or settlement in such cases. But Wal-Mart's cruelty, as always, is extreme in this case. Not only is Shenk profoundly disabled, but while her family was fighting off the company in court, her son was killed while fighting the war in Iraq. Not even bad PR like this, apparently, can eke out a drop of compassion from the retail giant.

explains why i don't work at walmart

I used to work for them. They are pure evil to their employees.

Wal-Mart Sues Brain Damaged Employee As Reward for Giving Her Health Insurance
Just when you think that Wal-Mart had already exhausted every last possible strategy for screwing over its employees, here comes this story in the Wall Street Journal. Deborah Shank, a Wal-Mart employee gets into an accident with a semi and ends up permanently brain-damaged a few years back. Her Wal-Mart health insurance paid her medical bills, but she also sued the trucking company for damages. She wins $700,000, which after legal fees and expenses, nets her about $400,000, which was put in a trust to pay the nursing home she now lives in.

But Wal-Mart gets wind of the settlement and turns around and sues Shank for $470,000, the money its insurance company paid for her care from the accident. Now, the woman is reliant on Medicaid and Social Security and Wal-Mart apparently got a much needed windfall.

Wal-Mart isn't alone in such behavior. Insurance companies seizing lawsuit winnings from catastrophically injured Americans is a common practice that gives lie to the notion that anyone gets rich off a personal injury lawsuit these days, as insurance companies often get first dibs on any judgment or settlement in such cases. But Wal-Mart's cruelty, as always, is extreme in this case. Not only is Shenk profoundly disabled, but while her family was fighting off the company in court, her son was killed while fighting the war in Iraq. Not even bad PR like this, apparently, can eke out a drop of compassion from the retail giant.

The reason is a clause in Wal-Mart's health plan that Deborah Shank didn't notice when she started stocking shelves at a nearby store eight years ago. Like most company health plans, Wal-Mart's reserves the right to recoup the medical expenses it paid for someone's treatment if the person also collects damages in an injury suit.

Her medical bills climbed past $460,000. The health plan paid them promptly. "They were terrific in that respect," he says.

Wal-Mart's health plan also sent him several notices that he was to inform it before he settled any suit. In 2002, the Shanks did sue and won a settlement from Gem Transportation, the owner of the truck. The firm had only $1 million in liability coverage, though. For his own losses, Jim Shank received $200,000, of which $119,000 remained after legal expenses. He says he spent most of it toward a one-story house fitted with ramps and wider doors, which is more accessible than the family's previous three-level home.

Deborah Shank's own settlement was $700,000. After legal expenses and attorney fees, the remaining $417,477 was placed in a court-created trust designed specifically for her future care. The Shanks' lawyer, Maurice Graham, wrote the Wal-Mart health plan informing them. Deborah had received no funds directly, he said, and therefore had nothing to pay Wal-Mart back.