Hon. DAN R. McGEHEE, WAR DEPARTMENT, Washington, D. C., September 5, 1944. Chairman, Committee on Claims, House of Representatives. DEAR MR. MCGEHEE: The War Department has no objection to the enactment of H. R. 3890, Seventy-eighth Congress, a bill for the relief of Katherine Smith. This bill would authorize and direct the Secretary of the Treasury to pay to Katherine Smith, of Pleasant Street, Marion, Mass., the sum of $4,772, in full satisfaction of her claim for damages against the Government of the United States on account of personal injuries of a permanent nature suffered by her on April 20, 1942, when the automobile in which she was riding was struck by Government vehicle No. W-427233, belonging to the War Department and operated by a private of said Department on Route No. 28 in the town of Wareham, Mass. There is no conflict in the evidence concerning the circumstances surrounding this accident. On April 20, 1942, at about 1:40 p. m., an Army 22-ton_truck, operated by an enlisted man on official business, was proceeding east on United States Highway No. 28 in Wareham, Mass., at an estimated speed of from 20 to 25 miles per hour, approaching the intersection of Highway No. 28 with Highway No. 6. The weather was misty, and the pavement near the intersection was wet and oily. At the same time a 1940 Plymouth sedan, owned and operated by Miss Katherine Smith, of Pleasant Street, Marion, Mass., in which her mother, Mrs. Fred Smith, was riding as a passenger, was stopped, facing east on Highway No. 28, behind a civilian truck waiting at the intersection of Highway No. 28 and Highway No. 6 for an electric traffic light to change from red to green. the Army truck neared the two stopped civilian vehicles he applied his brakes, but the Army truck skidded on the slippery pavement and he was unable to avoid crashing into the rear of the Smith automobile, forcing it forward and into the civilian truck ahead. As a result of the accident the Smith vehicle was extensively damaged and Miss Katherine Smith sustained a severe injury to her left leg. As Miss Smith was taken from the scene of the accident to the Tobey Hospital, where her leg was X-rayed. She was treated by Dr. Raymond H. Baxter, of Marion, Mass., who on April 29, 1942, made the following statement: "This is to certify that Katherine L. Smith is under my care, following an accident involving an Army truck. This occurred on April 20, 1942. "She has a severe lower leg injury with deep hemorrhage in the calf muscles and the posterior ligaments of the left knee. The total disability will be 4 to 5 weeks. "There are no other injuries." Miss Smith was also treated by Dr. H. G. Lee and Dr. James B. Ayer, of Boston, Mass., and Dr. Thomas B. Horan, of New Bedford, Mass. On May 20, 1943, Dr. Horan made the following statement concerning her condition: "That this patient [Katherine Smith] received a very severe injury to her left leg. She was first seen by me on May 20, 1942; at this time she had a complete foot drop due to an injury to the common peroneal nerve with marked hemorrhage under the skin. She has been under the care of numerous physicians, including myself, and has had one operation performed upon this leg. At that time an abscess of the soft tissue was encountered. "Now the patient has no motion below the knee of this leg. She walks with a very marked limp and this condition is permanent in my opinion.' On April 13, 1944, Miss Smith was examined by a board of officers of the Medical Corps at the General Dispensary, United States Army, Boston, Mass., which made the following report: "History of auto accident April 20, 1942, at which time left leg was pinned between emergency brake and side of car: Patient able to continue to walk shortly after accident. Patient states no fracture was present to her knowledge. She was not put up in plaster or any other retention apparatus. Patient states she was bedridden for 6 weeks and on crutches for 2 months after. From patient's history she walked in equinus position. Was treated with massage but no retention apparatus or plaster cast. At time of examination patient complains of pain and swelling which is aggravated by inclement weather. One year later patient was operated on for evacuation of abscess in lateral side of left leg. Physcial examination reveals operative scar 10 inches in length, with a concavity of muscle structures and a compensatory bulge lower third left leg of external lateral surface. Slight degree of atrophy left foot and left lower leg, the latter being not more than one-eighth inch smaller in circumference of all measurements taken. Sensation was distrubed on medial lateral surface of foot and also lower one-third of left leg medial lateral surface. Motion of ankle restricted in dorsiflexion and external rotation. Voluntary motion of left foot and ankle is normal in adduction and somewhat lessened in abduction. Muscle power is diminished in left foot and left lower leg 30 percent and patient walks with a limp and with left foot adducted. Does not bear weight on the ball of foot. Tendon achilles of left ankle appears to be somewhat shortened. Big toe is dorsiflexed normally, as is also plantar flexion. Remaining four toes appear to remain hyperextended when weight bearing is exerted. When weight bearing is not exerted on left foot toes are all in normal position. Power of big toe is diminished between 20 to 30 percent of normal. There is no shortening of either leg either real or apparent. SLR normal both legs. Quadriceps function of left thigh markedly diminished. Weight bearing on left foot is out of natural line, being adducted about 15°. There is atrophy of both left foot and lower extremity, due probably to atrophy. of disuse. Reflexes of both lower extremities are equal and active. Both ankle jerks are active. X-rays reveal no bony pathology of left hip, pelvis, knee, tibia, or fibula. X-rays of left ankle reveal transverse fracture Chip of medial malleolus left ankle. Evidence of slight callus formation. Slight degree osteoporosis of bones of foot and ankle. Impression: (1) Atrophy from disuse, (2) peroneal nerve injury (left) with foot drop, (3) Chip fracture medial malleolus left ankle, (4) slight osteoporosis left foot and ankle.' The records of the War Department show that Miss Smith's automobile was repaired at a total cost of $428.96 ($433.96 actual cost of repairs, less $5 salvage of parts). The records contain bills showing that Miss Smith incurred medical and hospital expenses as a result of the injuries sustained by her in this accident in the aggregate amount of $772, as follows: Tobey Hospital_. St. Luke's Hospital, New Bedford, Mass. Dr. H. G. Lee, Boston, Mass__. Dr. Thomas B. Horan, New Bedford, Mass. Dr. Raymond H. Baxter, Marion, Mass.. Dr. James B. Ayer, Boston, Mass. Browne Pharmacy, Inc., New Bedford, Mass. (crutches). Total____. $15.00 110.00 260.00 174.00 97.00 20. 00 2.50 93.50 772. 00 On November 28, 1942, Katherine Smith filed a claim with the War Department in the amount of $428.96 for damage to her automobile and her claim has been approved by the Department in the amount claimed. It is now in process for payment. At the time of the accident Miss Smith was 32 years of age and was unmarried. She contributed the sum of $15 per week toward the support of her father, Frederick Smith, but had no other dependents. When she was injured Miss Smith was employed by Hiller Co., Inc., Marion, Mass., as a bookkeeper, and her employer continued to pay her salary during the entire period during which she was unable to work. The evidence clearly establishes that the accident and resulting personal injuries sustained by Katherine Smith were not caused by any fault or negligence on her part, but were caused solely by the negligence of the Army driver in failing to keep his vehicle under proper control as he approached a red traffic light so that he could stop without skidding into other vehicles lawfully stopped in obedience to the traffic signal. It is, therefore, the view of the War Department that Miss Smith should be reasonably compensated for the personal injuries sustained by her. Considering the heavy medical and hospital expenses which she has incurred, and as she appears to have sustained a serious permanent disability, the amount of the proposed award, $4,772, is believed to be fair and reasonable. The War Department, therefore, has no objection to the enactment of the bill. The fiscal effect of the bill is manifest. The Office of the Bureau of the Budget in a letter to the War Department, dated August 19, 1944, concerning the report on this bill, stated: * * I am authorized by the Direcor of the Bureau of the Budget to advise you that while the payment of $4,772 to the claimant, as is proposed in H. R. 3890, appears excessive, there would be no objection to the enactment of legislation that would compensate the claimant commensurate with the injuries sustained by her." Sincerely yours, HENRY L. STIMSON, STATEMENT I, Katherine Smith, of Marion, Plymouth County, Mass., hereby certify that KATHERINE SMITH. OCTOBER 8, 1942. COMMONWEALTH OF MASSACHUSETTS, Plymouth, ss: Personally appeared the above-named Katherine Smith and made oath that the Statement of treatment of Miss Katherine Smith Bake and massage left leg daily per order of attending physicians: Total.. $51. 50 2.00 40.00 93. 50 THELMA B. SEQUEIRA, R. N., For professional services: Aug. 20, office consultation.. $20 THE TOBEY HOSPITAL, Wareham, Mass., May 20, 1942. Miss KATHERINE B. SMITH, Marion, Mass.: X-ray of leg on Apr. 20, 1942 $5 Received payment on behalf of the Tobey Hospital, May 25. Miss KATHERINE SMITH, Marion, Mass.: X-ray of ankle and leg on Aug. 12, 1942. By DOROTHY V. BROWN. THE TOBEY HOSPITAL, Wareham, Mass., August 12, 1942. Received payment on behalf of the Tobey Hospital, August 15, 1942. $10 By A. E. MONAHAN. Miss KATHERINE SMITH, Marion, Mass.: RAYMOND HARDING BAXTER, M. D., Services rendered (U. S. Army accident, Apr. 20, 1942 at Wareham): $15 85 RAYMOND HARding Baxter, M. D., Miss KATHERINE L. SMITH, Marion, Mass.: Services rendered (U. S. Army accident, Apr. 20, 1942, at Wareham, Miss KATHERINE SMITH, Dr. THOMAS B. HORAN, Marion, Mass.: To professional services: Bill rendered_ Apr. 15, 1943, assisting Dr. Lee.. Apr. 16, 17, 18, 19, 20, 21, 22, 23, hospital visits, at $3. $65 75 24 10 174 MAY 20, 1942. DEAR DR. BAXTER: I saw the above patient at her home today and I received a history of an automobile accident about 4 to 5 weeks ago, with an injury to her left leg. At the present time on my examination found that this patient had almost a complete foot drop due to injury to the common perineal nerve. In addition to this I found marked hemorrhage under the skin and in the soft tissues on the outer aspect of her leg. The X-rays were reported as being negative for any fracture of the shaft of the fibula. I instructed the nurse, who is attending the patient at the time of this examination, how to exercise the foot and how to stretch the heel cord. I also told her that I would speak to you on the advice of giving Miss Smith vitamin B1. Now on this case I believe that the prognosis should be guarded. I do think there is a possibility of getting the return of complete power in the leg, without any residual paralysis. However, I believe that a period of convalesence will be at least 2 more months. Very truly yours, To Whom It May Concern: T. B. HORAN, M. D. RAYMOND H. BAXTER, M. D., This is to certify that Katherine Smith is under my care and is still partially disabled due to her accident. She still has a marked limp which may be permanent. Miss KATHERINE SMITH, Marion, Mass. RAYMOND H. BAXTER. T. B. HORAN, M. D., MY DEAR MISS SMITH: After consultation with Dr. Lee, it is my opinion that your leg is in a very serious condition. We believe that very marked damage has been done to the bellies of the muscles on the outer aspect of the leg. We believe that an operation should be done on the leg, but we do not guarantee any results. Very truly yours, Miss KATHERINE SMITH, T. B. HORAN, M. D. Marion, Mass. April 15, 1943: F. H.-Negative. P. H.-See present illness. P. I.-This patient some months ago was involved in an automobile accident and as the result of this she received an injury to her left leg. It was very markedly swollen and in addition to this there seemed to be an injury to the nerve of the leg. She was treated by Dr. Baxter and Dr. Horan. Lately, she came in to see Dr. Horan, walking very lame. After a consultation with |