Keith Olbermann Continues Feud Against Wal-Mart, Wal-Mart Responds

Last Wednesday, Keith Olbermann introduced the story of Debbie Shank, a 52-year old former Wal-Mart employee and mother of a soldier killed in Iraq who suffered serious brain damage after getting hit by a truck and was subsequently sued by Wal-Mart to recover $470,000 in medical expenses (Shank had won a substantial settlement from the trucking company and, after legal fees, took home $417,000). Olbermann, in the clip seen below, declared Wal-Mart his "Worst Person in the World" and has subsequently named Wal-Mart to his "Worst Persons" list every night since.

Women's Wear Daily/Memo Pad's Stephanie D. Smith reports today that Wal-Mart's corporate communications director, Daphne Moore, has responded with a statement:

"This is a very sad case and we understand that people will naturally have an emotional and sympathetic reaction. While the Shank case involves a tragic situation, the reality is that the health plan is required to protect its assets so that it can pay the future claims of other associates and their family members. These plans are funded by associate premiums and company contributions. Any money recovered is returned to the health plan, not to the business. This is done out of fairness to everyone who contributes to and benefits from the plan. The Supreme Court recently declined to hear an appeal of the case, which concludes all litigation. While Wal-Mart's benefit plan was entitled to more than the amount that remained in the Shank trust, the plan only recovered the funds remaining in that trust," which according to reports amounted to about $277,000.

Comments

[JAMES GORMAN]

NO MATTER WHAT SPIN the industry of health care--or the industry of Walmart--the brute fact is
that Mrs.Shank was left for life as a crippled heap and a dead son in Iraq. To get something, her husband had to feign divorce.
That is not Michael Moore nor the glory of capitalism--it is exactly what this giant company did to
a human being when they were "positive" no one was watching or able to be watching.
Keith Oberman has done us all a service--a big service--I just wish he would not invoke the name
of Jesus Christ so frivolously--nuns taught me it was sinful to be irreverent with the Son of God's name--
and a lot of us Irish Catholic Democratics are watching--his program--and Walmart--the same nuns
taught very well the works of mercy--to visit and care for the sick at all times. That seems to exclude
the folks running America's favorite giant. J.Mc.

[GRobSecular]

Have to agree with everything here- minus your sheltering of the false sun-god Jesus.

[tkondaks]

Wal-Mart is damned if they do and damned if they don't.
The woman GOT her health care. Wal-Mart sued her to reclaim the costs they already paid -- via the health care they provided her through the health plan -- or will pay in the future.
That was the provisions of the policy...w­hy should Wal-Mart be out of any money?
This is clearly a health care success story!
Obermann is as bad as Michael Moore in manipulating the viewing public.

[fearwig]

Are you serious? Do the math.

Wal-Mart sued her and won $53,000 MORE than she got from the settlement. That means she has to pay that out of pocket. I don't know about you, but if I had $53,000 (she doesn't), I wouldn't be ready to cough it up it for the luxury of being hit by a truck.

So she got run down, and thank God, she was covered. Then she sues, and wins. Then her health care company sues her, and wins even more than she got in the settlement.

How in the hell do you call that fair? This is not manipulation of the viewing public on Olbermann's part, this is a fair report on the wholesale abuse of someone who is utterly defenseless under our legal system. You should be ashamed for subscribing so unquestioningly to the "blame the victim" mentality.

[RS]

Hey tkondaks--you don't happen to own stock in WalMart, do you? Let me remind you of what the Bible says: YOU CANNOT SERVE TWO MASTERS.

[jerrypenguin]

"This is clearly a health care success story!" - tkondaks 06:32 PM on 04/02/2008

You're right! This is a "health care success story" within the perversion of money driven US health care. The money driven tactic is subrogation. If you happen to be injured, watch out! The insurance companies and your employer will come after you. This is their "legal" right. It is not unusual for insurance company and employers to issue cash demands that exceed the amount of a settlement received by the injured party. This means subrogation is wonderful for the corporate "bottom line."

However, for the "insured" and those related to the "insured," the outcome is much different. Although, the injured person is declared to be "made whole," the results of an injury are anything but pleasant.

Wake up! How can anyone accept the comments of Wal-Mart communications director, Daphne Moore? Read what is said. Can't anyone comprehend the vileness of Wal-Mart and corporate USA? Who is making the deals? Who benefits? Who is on the same golf outing? Who uses the corporate jet? It is not, under any circumstances, the injured party and their families. The subrogation is not "done out of fairness to everyone." Follow the money. Look at the boards of directors. Check out the executives. Understand who defines "the system." Sui bono?

[OneLiberalLady]

You are so right. And, let's be honest. How many prospective Wal-Mart employees sit there poring over their health insurance policies and re-nogotiate them with Wal-Mart? They take what they are (grudgingly) given or they are not hired. It is not a two-way street and I have no sympathy at all with Wal-Mart in this situation.

[Bozwellian]

(...uh, when it happens to YOU, perhaps then you will comprehend the full implication and do bother to note, MOST corporate health plans have the very SAME CLAUSE...n­ote too, say both you and your spouse worked for the same, each entitled to coverage for self and family, with decuctible­s/etc...ju­st because BOTH have coverage , does NOT mean the others picks up the slcak when the others maxes out of benefits ...all sort of clauses and too, note thta PRE EXISITNG conditions will perhaps COST YOU FUTURE EMPLOYEMENT should you be seeking a change in employment for these days, common to check for PRE EXISTING MEDICAL "perhapses" as they take a toll on the company's healthcare system....­ALL sorts of caveats and then , when something DOES OCCUR, folks who had dutifully paid and NOT abused the system, when in need STILL CAN NOT BE COVERED and gO WITHOUT CARE, or sometimes allowed but MINIMAL care ..Perhaps when it occurs/happens to you you will have a change in thought of how great the healtcare systematics are wonking for the MAJORITY these days or perhaps you are well vested in the healthcare industry itself and that is where your fortune lies so wish to protect above all else no matter the consequences !!!

[lokywoky]

That money she won was supposed to pay for her medical needs for the rest of her life. Any bets that her "WalMart" insurance is going to do that now that they took all the money? And Ms. Shank is now severely disabled and in an institution - you really think that even the piddly amount she got was going to cover her "lifetime" expenses? Bull***t.

So who is going to wind up paying? Well, WalMart got all their money back so it won't be them obviously - even though she paid her premiums.

Taxpayers that's who.

Thanks a rot, WalMart!

[CultureWarriorNPetriDish]

Thanks to Keith Olbermann
today's B E S T P E R S O N I N T H E W O R L D !!!!!

[mav4499237]

do you people update....­this story's been dead for 10 hrs now..

[ibsteve2u]

Hope Hillary didn't absorb TOO much while she was spending her six years on Wal-Mart's board...

But then again, Hillary's campaign would not have me hope, would they? I'm supposed to base my decision strictly upon experience­...like Hillary's six years on the board of Wal-Mart.

[SouthernBlueBelle]

Absolutely NOTHING can be said without somehow, someway it is turned into a rap against Hillary. I suppose it is her fault there is global warming and the economy is in the crapper.

[AlanCFA2001]

You are quite correct. As I arrived at work today, somebody said to me "good morning". I replied "you're right, Hillary is a bitch".

[fearwig]

So you're saying she wasn't on the executive board of Wal-Mart?

I agree it's a non-sequitur, but you don't have any case for a complaint. She didn't get that fat little paycheck working for a charity organization.

[NotMyPrez]

I hope this cancels any hope of the Walton clan getting that yacht/pony/small town for Christmas.

Wal-mart only recinded after they got put in the spotlight. Next they'll try to make themselves look like the good guy.

pffft

"tell em Ray..."

"Wal-Mart sucks"

[MadMoll]

From adage.com:
NAD Tells Wal-Mart to Stop Savings Claim
Found That $2,500 Figure Did Not Require Shopping at Chain

BATAVIA, Ohio AdAge.comm) -- Wal-Mart should discontinue the implied advertising claim that consumers can save $2,500 annually by shopping there, the National Advertising Division of the Council of Better Business Bureaus recommended in a statement Monday.
Source

[MNDADDY]

Sorry, Keith, CNN featured this story first.

[Star2000dancer]

Keith did alot more for this story. I read a post about auto Insurance being good on here. Well, Geico not only kept denying my injuries & refusing to pay my doctors until no doctor would take my under my no fault because I had Geico. They also all well known for not paying claims as well as TOPS Supermarkets.

[HDR]

Hey, but at least they have a funny gecko and some cavedudes yukking it up!

[NotMyPrez]

His WPiTW is not neccesarily a scoop-breaker. It's commentary.

"The Frank Burns of TV News" Rofl.

Loved the jabs Kieth.

[fearwig]

So every story in the world is allowed to be aired once and only once? Huh?

Retarded comment, sorry.

[research]

Kieth!

Way to go!

Thank you!

[captainjohn]

While I agree the Wal-Mart situation is deplorable, the fact is that this sort of thing is nothing new. I used to work for newspaper owned by Gannett, the largest chain of newspapers in the country. Every time I had a medical claim, I would receive a letter from some outfit named Meridian asking me if I had any other insurance that could pay the claim. After several times replying, I just gave up and threw the letters in the trash. In today's corporate climate, every company is trying to weasle its way out of paying a claim. I suspect that since the poor victim here was compansated by the trucking company, all Wal-Mart was doing is the same thing every company does: Isthere some way out of paying this bill? The same thing is true of getting disability payments. The primary goal is to see if there is ANY WAY to get out of paying. Meanwhile, lawyers are making a fortune while the poor victim has to wait months (at best and usually years) before getting any compensation. Who's paying the bills why all this is going on? Just check the plight of so many 9/11 workers who filed claims. Ever smoked? Well, that's the reason your lungs are rotting. Claim denied. Sad but true.

[nyboomer]

The biggest department in any insiurance company is the, "Find a way to wesel out of paying this claim depratment­." Many people are gainfully employed on cost shifting.

A single payer system costs 30-40% less than any of the private insurers. This is what is referred to as efficiency in the indutry. Haethcare costs $1.6 trillion each year. A savings of 30% would eliminate the yearly deficit immediately. It would be about $500 billion in savings.

In our current legislative climate such savings are impossible. The insurance industry can buy protection for about $1 million from the GOP. Now that is true cost effectiveness.

[Michellelover]

You are absolutely correct. Every insurance company will try not to pay. I am sure it is part of the unofficial business model. But let us look at the WHOLE picture. The scumbag trial lawyers. The ambulance chasers, the scam artists. They all play a big part in these policies. I am not pro-insurance company, just pro-all the facts

[JJI]

http://www.cnn.com/2008/US/law/04/02/walmart.decision/index.html

I encourage all to go there and post comments in praise of Keith Olbermann. Let's see how many they can ignore.

[BlackWidowPilot]

Let's see if CNN is brave enough to post my comment...­. >;D

Leland R. Erickson

Citizen

[HanSolomente]

I saw this on CNN too. They are trying to take credit for Walmart reversing their decision, giving Keith no credit of course.

[unscum]

I just posted. The arrogance of CNN and Anderson Cooper astounds me. Not once did he mention last night on 360 who broke this story. I've stopped watching network evening news, ABC, CBS and NBC. I only watch MSNBC now with Keith Olbermann, Dan Abrams and Chris Matthews. I still watch CNN sometime but I've been pissed at some of their dumb people they get as commentators.

[ohmemercylard]

they've turned off comments on this story.

what a fair and balanced public forum over there at cnn.

[Xander]

I think one thing that's getting lost in the sensationalism of this story is who is going to be paying for this woman's care if Wal-Mart is successful in recouping all of that settlement money (and then putting the couple into debt and bankruptcy because they are asking for more than the couple even got back):

You. Me. Us. John Q. Taxpayer. This woman is going to go on the dole, and it is going to be US that pays for her care for the rest of our lives if Wal-Mart takes this money from them. Just another example of big business manipulating the system to push costs off on the public rather than incur their own expenses.

Granted, this is nothing new for Wal-Mart: They have a longstanding history of paying people just enough to where they dont' qualify for benefits and have to go on government health plans. Frankly, I'm sick of one of the world's largest companies forcing ME to subsidize their company...­especially when I won't even set foot in one.

[Star2000dancer]

Yes, exactly. I]ve already spoke about TOPS MARKETS & The LAW OFFICE OF CELLINO & BARNES. Now let me add the Dental & Medical Universities are also not laible for thir mistakes. I also want to warn you that over 1000 people die per day from isdiagnosis alone. A study done by the Clinton's in 1997. The number is far larger now.

More people are dying or disabled by dental & medical healthcare everyday in the USA than in Iraq. Apparently a none story. Then they are thrown out of the job market so it appears that we have lower unemployed people. Most, if not experimented on, would rather be out there working, like myself. But, once you get into the "system", you can not.


And what if you could? Jobs are being lost as fast as people are becoming disabled. This coveted medicare & medicaid does not "cure". They are only allowed to treat symotoms or do surgery. Who benefis? The drug industry. Who loses? The people. Most people are one paycheck or injury away from being forced on the "system" since you must be in poverty to be eligible for these programs.

[fearwig]

I'm inclined to agree. I'll gladly pay my 1/300,000,000 portion of this woman's bill, but I'll be damned if I'm happy about it when it's Wal-Mart that's absorbing the benefit.

But I still patronize them. They're the only place in town that sells milk at $3/gal. That's capitalism for you: Your morals or your money, never both.

[alicel]

Is this lawyerly statement really WalMart's version of damage control? They made billions in profits last year. And they spent all that money on lawyers and court costs to recover a few hundred thousand dollars from a severely disabled woman whose son died serving our country? In PR, and in their bottom line, they would have been better off forgiving her obligation to allow them to recoup. And oh yeah, if they had, I and thousands of others might not be boycotting them FOR LIFE.

[IslandGyal]

I saw the story first on CNN, but they were nowhere near appalled and/or impassioned as Keith was. Keith Olbermann is the bomb. He embarrassed Walmart, and that's why they relented.

[rain39]

I saw the story first on Keith and he repeated it every night putting it on his worst person list for multiple days. I don't now who got there first but thanks to both of them for kicking Walmart in the butt. Keith reported yesterday that Walmart had withdrawn the suit.

WalMart seems to have two personalities, the good guy and the bad guy. We often hear this bad stuff and they are easy to hate and boycott. I have done it! Then in McKinney, Tx, after Katrina, we knew we would be getting about 200-400 refugees that couldn't be cared for in Dallas from New Orleans. Walmart VOLUNTEERED their old building that had just been shut down to be torn down for a new Sams immediately to house these folks temporarily and act as a central clearing house for social services. They helped us with making it a shelter for privacy and safety, setting up showers, play areas for the kids, separate areas for families, men and women who were single etc. They paid for electricity, rewiring to make everything work in the computer section and all sections, etc. Their Sam's project was delayed for quite a bit of time since the shelter was functional for at least a month while we got everyone settled.

I was a volunteer and have nothing to do with WalMart except that after that, I would occasionally shop there again.

[PLUMPLUM]

Good for Keiyh that he is getting some mention here because CNN is trying to take all the credit for the one story that they said they had broadcast last week. I did not see it.

I hope the Shanks get some more donations which they will need.

[ConservativeCouchPotato]

As reported by CNN this morning, Wal-Mart has reversed its decision and the Shank family will be keeping the money. Wal-Mart is not going to take it and they are going to revise their policy to handles individuals on a case by case basis. Good for the Shanks. I hope that they can have Debbie around for a good long time. I just hope that they can figure out what to do when the $275,000 runs out, as it will pretty quickly for this type of care. People who are interested should continue to give to her fund because they will still certainly need the money.

[WLA]

Someone woke up on the good side of the bed this morning. Good for you.

[ConservativeCouchPotato]

I am truly happy for them and this was handled the correct way, without any government intervention. The power of the peoples influence took care of this, as it should. For those interested, you can send your donations here:

Bank of America
320 W. Main
Jackson, MO 63755
c/o "The Debbie Shank Fund"
Phone: [phone]­00

FYI, I got this address of the web so I would call the BOA to make sure it is correct. I am told that you can also just donate at any BOA branch.

[fearwig]

Definition of case-by-case basis:

"CASE A: On national television. *MONEY RETURNED*"

"CASE B: Not on national television. *FAT F'ING CHANCE!*"

[totalliberal]

I hope the corporate lawyers who came up with this deal get turfed on their asses. At least John Edwards was in the business of getting settlements from these a**holes for the average guy.

[BOfever]

Actually it is a common practice and if you read your health care plan it probably reads the same.

[spiffarino]

You're spot on correct. Mine has the same clause, and I work in a damned hospital.