Walmart sues Brain Injury Victim for $470K

A brain injury is devastating to every facet of an individual’s life. It can also prove to be very costly. Debbie Shank is a tragic example that outlines the devastating effects of a brain injury case. Debbie led a normal life as both a wife and mother for many years until May of 2000. While driving home on a highway in Missouri Debbie was hit head-on by a tractor trailer; this crash resulted in the complete destruction of her vehicle and series and permanent injuries to her own body. Upon impact she had gone through the windshield and underwent severe head trauma. It was discovered soon after that Debbie had sustained severe and irreparable brain damage that would leave her without short term memory.

When it came to paying for the medical expenses Debbie was covered. She was employed with Walmart at the time of the accident and was covered under the health and benefits plan she had signed. In addition to this a settlement with the trucking company in 2002 left her with $417,000. All seemed fine in this situation but the case was about to take a turn for the worst for Debbie and her family.

What Debbie didn’t realize is that under her health and benefits contract all medical expenses were to be paid in full by Walmart unless the beneficiary was to receive a settlement for that injury. In the event of a settlement Walmart reserved the right to recover any past medical expenses regarding the injury and in 2005--that’s exactly what they did. The Court ruled in favor of Walmart for the full amount of $470,000.

Although the attorney representing the Shank’s says Walmart is only entitled to around $100,000; the Shank’s face grave financial danger. While Jim Shank works two jobs to try his best to keep up with the expenses surrounding therapy and a nursing home, he is quickly beginning to fall short.

When Jim tried to appeal the case he again was met with no success. His last attempt is with the United States Supreme Court and it is still unclear as to whether or not the petition will actually be heard. The expenses from the devastating brain injury continue to pile up as Debbie’s trust account is now frozen; a solution to the case is not yet in sight.