KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar BluffFight with Wal-Mart Ends for Jackson Woman with Brain Damage from Crash

Fight with Wal-Mart Ends for Jackson Woman with Brain Damage from Crash

Fight with Wal-Mart Ends for Jackson Woman with Brain Damage from Crash
By: Crystal Britt

JACKSON, Mo. - "It's like the Bible, there's BC and AD. It's before the accident and after the accident. Before is not much memory. Seems like only memories after the accident. It's been a whole different life," said Jim Shank. 

It'll be eight years ago this May.  Debbie Shank was coming home when she made a U-turn on Highway 177 in Cape Girardeau County and got broadsided by a semi truck.  Debbie suffered severe brain damage.  To this day she can't walk and only has use of her left hand.

Before the crash, Debbie took on a night shift at Wal-Mart in Cape Girardeau. She stocked shelves, working late so she could care for her three boys.

"She was a mom, that was her thing," said Jim Shank. 

Wal-Mart paid about $470,000 for Debbie's medical expenses.  The Shanks were also awarded about $900,000 in a settlement with the trucking company involved in the crash. After legal fees, $417,000 of that went in a trust to care for Shank's long-term care.  Because of that settlement, 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.

"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.

It's been a long legal fight, and just recently the last straw as the Supreme Court wouldn't even look at the case.  Although the Shanks are finished legally Jim Shank says he's going to keep telling his family's story.

The pain doesn't end with Wal-Mart.  Less than two years ago Jim and Debbie Shank's 18-year-old son Jeremy was killed in Iraq.  It's a memory Debbie struggles to remember.

"It's like telling her all over again for the first time.  She wants to know why, where, when.  It brings it all back," said Jim Shank. 

The family's financial situation is also so dire that Jim recently divorced Debbie so she could get more Medicaid.  Jim says there are days that Debbie just wants to die, but then on others she finds time to smile and despite her injuries remembers details about her life that surprise everyone.

Debbie tells Heartland News that she prays everyday.  Jim says, without God he doesn't know how he'd go on.

"Emotionally I'm a wreck, but somehow he draws strength and gives me strength to make it through another day," said Jim Shank.

Here's Wal-Mart's statement regarding the Shank case: 

"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."

"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."