KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar BluffWal-Mart Drops Claim Against Shank Family

Tuesday Jim Shank of Jackson received word from Wal-Mart that the company intends to drop its $470,000 reimbursement claim against the Shank family.  He says he's pleased and relieved Wal-Mart decided to drop the claim.

Shank credits the pressure of public outcry from bad publicity as the turning point to Wal-Mart dropping the claim.  Shank had recently appeared on several national television shows talking about the case.

Jim Shank tells Heartland News he first thought it was an April Fool's joke when he heard the news.

"I walked into the house about noon and the phone was ringing.  I picked it up and it was my attorney.  And he started out real deliberately.  And I was like 'Now what'.  He told me they [Wal-Mart] had backed down and they were going to drop the suit, give us our money back and they're even going to change their policy in this regards in the future," Shank said. "So it not only affects Debbie, but every past and present Wal-Mart employee.  It's a win for them too."

"I am grateful that Wal-Mart has seen their error and decided to rectify it.  I just wish it hadn't taken them so long, this never should have happened.  I sincerely hope no other family ever has to go through this," Jim Shank said previously in a written statement to Heartland News. "My thanks go first and foremost to my lord and savior Jesus Christ for the strength to bear up under all this.  Thanks also to the citizens of the United States - it wasn't me who made this happen, it was the outcry of the people, and if there's a lesson in this story it's that ‘we the people' still means something."

Shank says Wal-Mart will decide cases like Debbie's more on a case by case basis.

Background:
Jim's wife Debbie worked at Wal-Mart almost eight years ago when a tractor-trailer collided with her van.  Debbie suffered severe brain damage and now lives in a Jackson nursing home.  The Shanks won a $1 million settlement against the trucking company involved in the crash.  After legal fees, $417,000 went in a trust to care for Debbie's long-term care.  Then Wal-Mart won a lawsuit to get back the money it paid for Debbie Shank's medical bills ($470,000).  The Shanks appealed to the Supreme Court, but the court recently refused to hear the case. Because of the settlement with the trucking company, Wal-Mart had the right to ask for its money back.  Jim Shank says his attorney knew about the fine print in the insurance plan, but told him not to worry about it.

"He said if it happens we'll handle it when it comes.  He didn't think they'd come after it.  It took them three years to come after it.  What were they waiting for?" said Shank.

Wal-Mart issued this statement after the Supreme Court ruling:

"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."

"Our benefit plan works like virtually every other health insurance plan.  When our associates, or their family members, suffer injuries or medical conditions which are the responsibility of others, our plan steps in to pay covered medical expenses so associates and their families don't have to worry about their bills or have large out-of-pocket expenses.  It is only after the associate or family member receives payment from the party responsible for causing the injury or accident that our health plan becomes entitled to reimbursement."