JACKSON , Missouri ( CNN ) -- Debbie Shank breaks down in tears every time she 's told that her 18-year-old son , Jeremy , was killed in Iraq . Debbie Shank , 52 , has severe brain damage after a traffic accident in May 2000 . The 52-year-old mother of three attended her son 's funeral , but she continues to ask how he 's doing . When her family reminds her that he 's dead , she weeps as if hearing the news for the first time . Shank suffered severe brain damage after a traffic accident nearly eight years ago that robbed her of much of her short-term memory and left her in a wheelchair and living in a nursing home . It was the beginning of a series of battles -- both personal and legal -- that loomed for Shank and her family . One of their biggest was with Wal-Mart 's health plan . Eight years ago , Shank was stocking shelves for the retail giant and signed up for Wal-Mart 's health and benefits plan . Two years after the accident , Shank and her husband , Jim , were awarded about $ 1 million in a lawsuit against the trucking company involved in the crash . After legal fees were paid , $ 417,000 was placed in a trust to pay for Debbie Shank 's long-term care . Wal-Mart had paid out about $ 470,000 for Shank 's medical expenses and later sued for the same amount . However , the court ruled it can only recoup what is left in the family 's trust . The Shanks did n't notice in the fine print of Wal-Mart 's health plan policy that the company has the right to recoup medical expenses if an employee collects damages in a lawsuit . The family 's attorney , Maurice Graham , said he informed Wal-Mart about the settlement and believed the Shanks would be allowed to keep the money . Watch this couple 's story » . `` We assumed after three years , they [ Wal-Mart ] had made a decision to let Debbie Shank use this money for what it was intended to , '' Graham said . The Shanks lost their suit to Wal-Mart . Last summer , the couple appealed the ruling -- but also lost it . One week later , their son was killed in Iraq . `` They are quite within their rights . But I just wonder if they need it that bad , '' Jim Shank said . In 2007 , the retail giant reported net sales in the third quarter of $ 90 billion . Legal or not , CNN asked Wal-Mart why the company pursued the money . Wal-Mart spokesman John Simley , who called Debbie Shank 's case `` unbelievably sad , '' replied in a statement : `` Wal-Mart 's plan is bound by very specific rules . ... We wish it could be more flexible in Mrs. Shank 's case since her circumstances are clearly extraordinary , but this is done out of fairness to all associates who contribute to , and benefit from , the plan . '' Jim Shank said he believes Wal-Mart should make an exception . `` My idea of a win-win is -- you keep the paperwork that says you won and let us keep the money so I can take care of my wife , '' he said . The family 's situation is so dire that last year Jim Shank divorced Debbie , so she could receive more money from Medicaid . Jim Shank , 54 , is recovering from prostate cancer , works two jobs and struggles to pay the bills . He 's afraid he wo n't be able to send their youngest son to college and pay for his and Debbie 's care . `` Who needs the money more ? A disabled lady in a wheelchair with no future , whatsoever , or does Wal-Mart need $ 90 billion , plus $ 200,000 ? '' he asked . The family 's attorney agrees . `` The recovery that Debbie Shank made was recovery for future lost earnings , for her pain and suffering , '' Graham said . `` She 'll never be able to work again . Never have a relationship with her husband or children again . The damage she recovered was for much more than just medical expenses . '' Graham said he believes Wal-Mart should be entitled to only about $ 100,000 . Right now , about $ 277,000 remains in the trust -- far short of the $ 470,000 Wal-Mart wants back . Refusing to give up the fight , the Shanks appealed to the U.S. Supreme Court . But just last week , the high court said it would not hear the case . Graham said the Shanks have exhausted all their resources and there 's nothing more they can do but go on with their lives . Jim Shank said he 's disappointed with the Supreme Court 's decision not to hear the case -- not for the sake of his family -- but for those who might face similar circumstances . For now , he said the family will figure out a way to get by and `` do the best we can for Debbie . '' `` Luckily , she 's oblivious to everything , '' he said . `` We do n't tell her what 's going on because it will just upset her . '' E-mail to a friend .
Debbie Shank , 52 , suffered severe brain damage in a traffic accident . Wal-Mart 's health plan sued Shank and her family to recoup what it paid out . The Shanks got money in suit ; Wal-Mart says policy means couple ca n't get benefits . Couple 's son was killed in Iraq after they lost lawsuit to Wal-Mart .