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

[EricSaeger]

Fascist Neocon Supremos screw the common guy! Drink!

[CuriousGeorge]

Amen!

[Bobby]

Why doesn't Hillary Clinton speak out because of this? She wants MORE attention to her campaign obviously these days. But maybe she doesn't want people to KNOW she was on the Wal-Mart board at one time.

[mscreant]

This is immoral, how many people have now rushed to read their health care plan paperwork top see what THEY agreed to. It is outrageous to hide a clause like this in someone's medical insurance packet. Ms. Moore and Wal-Mart can go "F" themselves....STOP shopping there America! I did years ago and respect myself more for it. Pony up the extra $1 to shop at a reputable company and Wal-Mart will HAVE to adjust it's policies. It is the American people who allow this shit to continue by plunking down all those $$$$$.

[chaz]

This is just another case of a common every day American citizen taking it up the butt. Get use to it. Long live big business!

[Madmac]

There's an old saying Walmart. Just because it's legal and you can do it, doesn't mean that you should do it.

[adept2u]

This is more than just a settlement lien. Walmart did not have to sue this lady. It is possible to take a loss, and it is more than selfish for a company as profitable as walmart to not take one in this instance. Walmart sucks, and i'll never spend a penny there until they do right by this lady.

[bessie1]

Maybe Keith should start a campaign so that his viewers can send in contributions. I'm sure we could raise a substantial amount for this lady.

[dadw5boys]

The Lawyer you handled the Settlement is the one who should be sued for MALPRASTICE.

HE KNEW THERE WAS A LIEN AGAINST ANY SETTLEMENT. IF HE DID NOT INCLUDE THAT IN THE SETTLEMNET THEN HE CALLED WALMART AFTER IT WAS REACHED IT SHOW BLANTANT MALPRASTICE.
THAT LAWYER THEY HIRED WAS TRYING TO WORK HIS WAY INTO WALMARTS FRMAE WORK OF LEGAL WORK.
BLANTANT MALPRASTICE HERE.

[oxfdblue]

You make a very valid point.

However, it look a lot better if it didn't look like it was typed by a three year old.

1) Never use all caps. It looks horrific and its equal to screaming on line.

2) Learn to spell. It is "malpractice."

Finally, despite the lawyer's mistake, Walmart had somewhere around $11 billion in profits last year. Half a million is like the change stuck between the cushions on the sofa to them. Such miserable cheap bastards.

[CRGirl30]

If Walmart was a non-profit, then how much they made MIGHT matter - but in reality their responsibility is to earn money for their shareholders.

The rule about recovery of insurance costs is not uncommon - and unless Walmart is self insured (does anyone know if they are?) they would be obligated to follow the terms of the contract with the health insurance company. This is a contract that would have been in place prior to the employee's injury - rather than a personal attack against her.

Clearly, this is a very sad situation, however, 'sad' is not a legal justification for breach of contract.

[TheDebbieDee]

For God's sake, learn how to spell!

AND STOP YELLING!

[protagonia]

PerryWhite See Profile I'm a Fan of PerryWhite
Why doesn't Keith send her some money?
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Why don't YOU?

[VidalAR]

I love how Wal-Mart rationalizes its move as well it's in the plan and it went to other employees.

1. Why in the hell are there Health Plans that say if you get money we want to get paid from you for our services???? I mean health insurance if paid for by your premiums and it's not for just the poor it's for anyone who works and pays for it. It's a benefit of having a job.

2. In the end Wal-Mart still sued an employee into the poor house because they have a Health Plan and system that says here is benefit for you unless we decide you have tons of cash [ignore how much we have]and can pay for your own health care.

I knew Wal-Mart was bad and crappy for the very people they swindle into shopping there by the 5cent differences when they came out with commercial talking about how great they are for people.