Wednesday, April 2, 2008

Internet Rage Saves Debbie Shank From Repaying Wal-mart Subrogation Lien - by Viper

Sam Walden must have been reading the angry blogs from the grave as Wal-mart finally showed Debbie Shank that the company may have a heart after all. Debbie is the former Wal-mart employee who suffered severe brain damage in a traffic accident eight years ago. As some may recall, this accident happened when a semi hit her minivan rendering Debbie Shanks void of short term memory and sentencing her to life in a wheel chair. Debbie now lives in a nursing home. Debbie was a Wal-mart stocker at the time and had signed up for health benefits with the company. Wal-mart paid some medical bill associated with the injury and had a contractual right to subrogation which means that she must pay the money back if she collects from a third party. Debbie and her husband collected one million dollars from the trucking company but after attorneys fees it really is not enough. Wal-Mart has finally agreed that she won't have to pay back the company for the cost of her medical care. "Occasionally, others help us step back and look at a situation in a different way. This is one of those times," said Wal-Mart Executive Vice President Pat Curran.

Wal-Mart originally initiated reimbursement of their health payments. But Shank and her husband, Jim, did not get the whole $1 million. Their share after legal fees was $417,000.
Wal-Mart actually sued the Shanks to recoup $470,000 it paid for her medical care. A court ruled that Wal-Mart was only entitled to about $275,000.

Shank appealed to the U.S. Supreme Court which declined to hear the case. Last week thousands of angry blog comments and at least two online petitions to boycott the company may have resulted in Wal-Mart waiving its subrogation lien. The power of the people has never been greater since it has been enhanced by the internet.

Update 4-23-08: Eric M. of Washington D.C. suggested mentioning the secret Wal-Mart tapes (being shared by a production company apparently angry with Wal-Mart.) Apparently there is a clip of Wal-Mart execs having a drag show on company time. Wal-Mart may end up the subject of the biggest class-action discrimination suit in history. Eric shares that Walmart by current and former female employees who charge the company with paying women less and offering them fewer promotion opportunities. Eric suggest those interested may read : http://walmartwatch.com/issues/discrimination/ or watch: http://www.youtube.com/watch?v=f2GpYjODgVk

Eric points out that now people who have a beef with Wal-Mart have a means to air their grievances. According to Eric, "As we saw from the Debbie Shank story it takes an enormous amount of public pressure and outrage to get Wal-Mart to do the right thing. Hopefully this video -- indisputable evidence of how Wal-Mart treated its employees -- can help."

11 comments:

Anonymous said...

Bout time somebody listened to the people.

Anonymous said...

Power to the people.


Jim

Anonymous said...

Walmart could be the face of good or the face of evil. There choice.

Yono Senada said...

One of the few places left where the people are heard. I hope the internet doesn't start getting "regulated".

Yono Senada said...
This comment has been removed by the author.
Anonymous said...

The internet worked in this case.

Paula

Anonymous said...

About time walmart stopped being such a bulley!

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Anonymous said...

This is one small victory against monopolistic corportate america.

Anonymous said...

Righteous!

Legal Pub said...

Update 4-23-08: Eric M. of Washington D.C. suggested mentioning the secret Wal-Mart tapes (being shared by a production company apparently angry with Wal-Mart.) Apparently there is a clip of Wal-Mart execs having a drag show on company time. Wal-Mart may end up the subject of the biggest class-action discrimination suit in history. Eric shares that Walmart by current and former female employees who charge the company with paying women less and offering them fewer promotion opportunities. Eric suggest those interested may read : http://walmartwatch.com/issues/discrimination/ or watch: http://www.youtube.com/watch?v=f2GpYjODgVk

Eric points out that now people who have a beef with Wal-Mart have a means to air their grievances. According to Eric, "As we saw from the Debbie Shank story it takes an enormous amount of public pressure and outrage to get Wal-Mart to do the right thing. Hopefully this video -- indisputable evidence of how Wal-Mart treated its employees -- can help."