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Property damage (state name and address of owner, if other than claimant; briefly describe kind and location of property and nature and extent of damage): 1935 Ford coach-value of car before accident, $130; sold for junk immediately thereafter for $16.

Personal injury (state name and address of persons injured and nature and extent of injury): F. L. Gause, Rosalind Gause and Helen Gause, Oleander Homes, Galveston, Tex. (See attached medical reports.)

Witnesses (state name and address of known witnesses): L. E. Parks, Box 553, Hayward, Calif.; B. F. Allen, 7614 Gardner Avenue, Houston, Tex.; R. C. Malitz, 2020 Winnie, Galveston, Tex.; Fred Minor, Galveston, Tex.

F. L. GAUSE. Subscribed and sworn to before me this 21st day of December 1943, at Galveston, Tex. [SEAL]

WILLIAM Ď. DECKER,

Notary Public in and for Galveston County, Tex.

Re: F. L. Gause.

Mr. RUSSEL MARK WELL,

GALVESTON, TEX., August 21, 1943.

Galveston, Tex.

DEAR MR. MARKWELL: On February 21, 1943, Mr. Francis L. Gause was injured in an automobile airplane accident. The left elbow was broken and the bone came through the skin. The fragmentation of the elbow bones was such that some of the pieces were entirely gone.

Immediately after the accident the wound was cleansed and healed without infection. A second operation was done in which the head of the radius bone was resected to try to secure a stable movable elbow. The elbow was limited in motion and later the entire bony structures of the joint were removed to secure a movable but loose elbow (flail elbow).

The left ulnar nerve was exposed in the accident as was much of the forearm by extensive lacerations. This nerve has never recovered so that he has an ulnar nerve paralysis affecting his hand which will probably be permanent. Also the skin area on the back of his arm has lost all feeling due to the destruction of superficial branches of the radial nerve.

In addition he also suffered numerous contusions and lacerations.

Mr. Gause is left handed and it is his left elbow and hand which are severely and permanently damaged. This must be given consideration in reviewing his injuries.

Very truly yours,

G. W. N. EGGERS, M. D.

Sworn to and subscribed before me this 15th day of December 1943, to certify which, witnesses my hand and seal of office.

[SEAL]

IDA NEVELOW, Notary Public in and for Galveston County, Texas.

My commission expires May 31, 1945.

REPORT OF INJURIES SUSTAINED BY ROSALIND GAUSE

This child, a 3-year old girl, was injured on February 21, 1943, when the car in which she was riding with her father, sister, and other members of the family, was struck by an airplane from the Galveston Air Base, which crashed on the West Beach of Galveston. She was brought to the John Sealy Hospital and was in a very critical condition when I examined her. She was unconscious and in marked shock, and had a large wound about 5 inches long on her left forehead. The skull in this region was crushed and was depressed into the brain and there were bits of brain tissue protruding from the wound. She had frequent convulsions and muscular twitchings. Physical and neurological examination showed marked evidence of serious brain damage.

She was treated for shock and X-rays of the skull were obtained. These films showed a badly comminuted fracture involving the left frontal, parietal, and temporal bones, with the skull depressed about 1 inch in the left frontal region.

She was taken to the operating room and after the usual cleansing and preparation of the head, the wound was explored. Her injuries consisted of a compound comminuted depressed skull fracture of the frontal region, with extensive laceration and contusion of the left frontal lobe of the brain. Portions of the bone from the skull had been driven into the brain. The section of the fractured skull was elevated and temporarily removed, and the piece of bone imbedded in the brain was withdrawn. Because of the serious injury to the brain in this region, it was necessary to remove the damaged portion of this part of the brain, as well as the blood clots and debris present in the brain. Following this the depressed fragments of bone, which had been removed, were reshaped into normal contour and placed into normal position in the skull. The soft tissues of the scalp were then closed over the skull by sutures and the patient was taken to her bed in the hospital. Her condition remained critical but she showed a few signs of improvement the following day. Her brain, however, had been seriously damaged and she had numerous convulsions and twitchings which continued off and on at irregular intervals for the following week. In addition, she had definite weakness of the right arm and leg amounting almost to a paralysis. She gradually regained consciousness within a week after the injury but she was unable to talk Within the next several weeks she showed gradual improvement and upon dismissal from the hospital on March 22, 1943, she was able to speak a few words and seemed to understand some things said to her, but she had definite evidence of permanent disability. The weakness of the right arm and leg, while showing some improvement, persisted so that her movements were clumsy when reaching for objects with the right hand, and upon walking she dragged her right leg.

She had definite personality changes, and impairment of intellect, and these continued during the period of postoperative observation. Within the next 2 months there was some slight improvement noticed in the weakness of her right arm and leg. However, she was definitely handicapped in using these extremities. Her difficulty in speaking persisted, although she used a few words. Her vocabulary however was much less than it was prior to her accident.

She

Psychological examination done on June 1st, showed that her present functioning level of intelligence was inferior to her former level of performance. showed definite retardation in her performance of standardized test situations, and in addition she seemed irritable, negativistic, impulsive, and abnormally affected by slight changes in the momentary situation. This psychological examination, plus physical and neurological examinations done at this time, as well as encephalographic studies done by Dr. Snodgrass (see report of Dr. S. R. Snodgrass) showed that she would have permanent effects due to the serious brain damage which she had suffered.

When last examined on December 16, 1943, she showed definite impairment of mentality and weakness of her right arm and leg. She did not have a normał walk and her steps seemed somewhat uncertain. She could use her right hand and arm in a limited capacity but when she attempted to pick up objects or to grasp for them her attempt was very clumsy, and her hand was used in claw-like fashion. She seemed able to understand most things said to her but her self-expression was very poor, most of her words used being unintelligible. The site of the original wound was healed and showed a large noticeable scar. In addition there was a small defect in the skull between two of the fragments which had been depressed. The general contour of her skull, however, had been restored to normal shape by operation. No further improvement is expected. Her mentality has been impaired; she shows definite personality changes; she has poor use of her right arm and hand and walks with a noticeable defect in her gait, and these are permanent effects. As a result of this accident she will be definitely handicapped to the extent of being unable to care for herself or live any semblance of normal life.

JOHN M. THIEL, M. D., Assistant Professor of Surgery.

Sworn to and subscribed before me this 20th day of December 1943.

(SEAL]

M. L. FROST,

Notary Public in and for Galveston County, Tex.

In re: Rosalind Gause.

GALVESTON, TEX., June 29, 1943.

Judge RUSSELL M. MARKWELL,

Galveston, Tex.

DEAR JUDGE MARKWELL: I wish to submit the following report to you concerning Rosalind Gause, a 4 year old, white, right-handed girl who was a patient in the John Sealy Hospital from February 21 to March 22, 1943. She was also readmitted here June 4, 1943, and discharged June 8, 1943.

This child together with several other members of her family were admitted to the hospital here the afternoon of February 21, 1943, after injuries received when their automobile was struck by an airplane. I was absent from Galveston at that time and in my absence this patient was operated upon by Dr. John M. Thiel. Debridement of an extensive compound depressed fracture of the skull in the left frontal region was done and a considerable amount of devitalized brain tissue was removed from the left frontal lobe. During the stay of this child in the hospital she was on the neurosurgical service and she was first seen by me the following day; during her stay in the hospital Dr. Thiel and I consulted regarding her care. When I first saw the patient it was apparent that there was paralysis of the right side of the face, and the right arm and leg. She was unconscious for approximately a week after the injury but she became gradually more responsive and by the time the wound healed approximately 2 weeks after operation she was allowed out of bed. She was discharged from the hosptial approximately a month after the injury at which time she was eating well and appeared to have no discomforts of any kind. She appeared able to understand everything said to her but she was unable to say more than one or two words. There was marked spastic weakness of the right arm and leg; she could hold nothing in the hand and there was a marked limp when she walked.

There had been considerable improvement in the child's condition after her discharge from the hospital although most of this had been in the first 6 weeks or so at home and her father did not believe that there had been much change in her condition during the month which preceded her second admission to the hospital here. He stated that there appeared to have been a considerable change in the patient's personality after her injury and that she had become quite irritable, lost her temper readily, and was difficult to manage and discipline. There had been a gradual improvement in her ability to use words and her father estimated that approximately 30 words were used from time to time by the patient but that she never used more than 2 or 3 words at a time and was apparently unable to make a complete sentence. She could repeat several words at a time when directed to do So. She made no spontaneous conversation although she appeared to understand everything said to her. Her appetite had been good. There had been a few periods in which she seemed feverish but there had been no definite illnesses since the time of discharge from the hospital. There had been no convulsive seizures. Examination at the time of the patient's readmission to the hospital showed the patient to be fairly well nourished and developed for her age. She was alert and fairly cooperative and appeared to understand everything said to her. She carried out simple commands readily but soon tired and then failed to cooperate further. In expressing herself she used only 10 to 15 words and usually answered all questions with a single word. Her speech was of a somewhat lisping character. The operative scar in the frontal region was rather conspicuous and extended upward obliquely across the left side of the forehead and was approximately 3 inches in length and a half inch wide. No bony defects were palpable. There was a central type of right facial weakness and a marked spastic weakness of the right arm and leg. She did not use the right hand except to steady herself or other similar activity and was unable to use it for any skilled action whatever. She walked with a marked limp on account of the weakness of the right leg.

In order to demonstrate objectively the degree of damage to the brain a pneumoencephalogram was made June 5, 1943. The patient was anesthetized and 125 cubic centimeters of spinal fluid were removed and replaced with air in the usual fashion after which a series of X-ray films were made. The films showed marked dilatation of the left lateral ventricle of the brain throughout its entire extent. The enlargement of the left lateral ventricle was greatest anteriorly and there was also considerable enlargement of the anterior horn of the right lateral ventricle. The ventricular system was dislocated approximately an inch to the left of the median line. The enlargement of the ventricular system and its dislocation to the left side is caused by loss of brain tissue and scarring in the remaining brain with consequent enlargement of the fluid containing portion of the brain. This change is indicative of marked organic damage of a permanent nature.

In my opinion this child has suffered such severe damage to the brain that she will be handicapped throughout her life. While some further improvement is to be expected, it appears certain that use of the right arm will never be sufficiently good to enable her to use it for any skilled activities. Her leg will likewise never be sufficiently useful that she can walk without a marked limp. The possibility of improvement in her speech to the point where it will be sufficiently good for her to talk well is also very unlikely and she may not be able to learn to read or to write. There is also a great likelihood that this child will, in the future, suffer from convulsive seizures as a result of the damage to the brain at the time of injury; these seizures may come on at any time from a few months to 20 or more years after injury-usually they appear within the first year after injury. Although there is some disagreement as to the frequency of such seizures after injuries of this type there is a minimal incidence of 20 percent and a maximum of 50 percent. I believe that this child will be handicapped socially and economically to such an extent that she will be unable to lead a normal life and be self-supporting or marry. I am enclosing my statement for $100 for professional services rendered to this child during her two admissions to John Sealy Hospital.

Yours very truly,

SUPPLEMENTARY REPORT

S. R. SNODGRASS, M. D.

DECEMBER 15, 1943.

DEAR JUDGE MARKWELL: I examined yesterday in my office Rosalind Gause whom I had not seen for 4 months. The child appears to have grown considerably in stature and her nutritional state is good. There appears to have been a great deal of improvement in her ability to talk, and her mother stated that she expressed herself well and entered into conversation readily with other children. She stated that she remained irritable and difficult to manage and did not amuse herself as she formerly did but wished to be amused by others. Several months ago she apparently had a convulsive seizure which was of about 2 minutes' duration and which was manifested by twitching of the right side of the face and body and during which she could not talk. She was apparently not unconscious at the time. Her mother states that she felt feverish at the time and had a sore throat but her temperature was not actually taken and on account of the localized nature of the attack there seems little doubt that the attack was the result of the brain injury received at the time of accident. Repeticion of such attacks is to be expected in the future.

The child was alert and cooperative and appeared to understand everything said to her. I was unable to get her to enter into conversation and she made no complete sentences except to say that she wished to go to town. She was able to name correctly most objects shown her although she named some of them by saying what they were used for. I did not believe that she could express herself in a normal fashion but a great deal of improvement had occurred during the last 4 months insofar as her speech was concerned. The general strength of the child was good but she remained unable to use the right hand for any skilled movements and she had a marked limp when she attempted to walk. When she attempted to put on her stockings and shoes she made no attempt to use the right hand and when attempting to pick up an object with the right hand she attempted to scoop up the object and made no use of her right thumb or index finger. She was unable to wriggle the toes or ankle on the right and her gait appeared unimproved.

There appears little doubt that the convulsive attacks will recur and that the patient will be handicapped throughout her entire life by her speech disability and by the inability to use the right side in a normal fashion. It is certain that she will be more and more aware of these difficulties as time goes on and that they will be an increasing source of unhappiness to her as she realizes her inability to lead a normal life.

Yours very truly,

S. R. SNODGRASS, M. D.

R. A. PLUMMER,

Sworn to and subscribed before me December 17, 1943. [SEAL]

Notary Public in and for Galveston County, Tex.

REPORT OF INJURIES TO HELEN GAUSE

This patient, a white child, age 6, had a laceration 4 inches long in the frontal region of her head. She was conscious and in moderate shock.

Further examination revealed a fracture line in the skull at the depth of the scalp wound. However, her neurological and physical examination showed that the brain injury was not as severe as that encountered by her sister. X-rays of the skull showed a long ragged fracture line in the right front bone extending down toward the base. This injury was also extremely serious and the patient's condition was critical. She was treated for shock and was taken to the operating room after her sister Rosalind had first been taken care of. After the usual preparation of her head, the wound was thoroughly cleansed and explored. The compound, comminuted fracture in the frontal region was identified and was treated by thorough cleansing and removal of all debris present at the site of fracture. Following this the soft tissues of the scalp were sutured together.

Her postoperative convalescence was satisfactory and she was dismissed from the hospital on March 11. However, she had a slight flattening of the right side of her forehead as a result of this accident. Subsequent physical and neurological examinations in the succeeding months indicated that she probably had no serious permanent impairment as a result of the brain injury.

When last examined on December 16, 1943, she showed slight flattening of the right side of the forehead and a scar at the site of the original injury, these being permanent effects of the accident.

Apparently her recovery has been satisfactory. However, it is possible that she may yet show other effects of her injury, at some subsequent time, even, though none is in evidence now.

JOHN M. THIEL, M. D.

Sworn to and subscribed before me this 20th day of December 1943.

M. L. FROST, Notary Public in and for Galveston County, Tex.

AFFIDAVIT OF B. F. ALLEN

THE STATE OF TEXAS,
County of Galveston:

Before me, the undersigned authority, on this day personally appeared B. F. Allen, and after first being duly sworn deposes and says the following:

On February 21, 1943, between 11:30 and 11:45 a. m., I was fishing on Galveston West Beach a little east of where the Thirteen Mile Road intersects the Gulf when a plane passed over me about 300 feet high, traveling west. Shortly thereafter I noticed a plane about three-quarters of a mile away, approaching me from the west traveling in an easterly direction. I believe this is the same plane that had immediately passed over me going in the opposite direction. When the plane passed over me going east, it was about 75 feet high, its landing gear was up and both engines were purring nicely. I watched the plane, after it passed over me, continuously up until the time of the accident. The plane was traveling so low that it attracted my attention. After the plane passed over me it zoomed up over an Army truck and then backed down, then zoomed up over another automobile, which I later learned was the Parks' car, and then back down again and continued on until the crack-up. As soon as the plane dived into the car, I saw it skip twice out in the water. I immediately gathered up my fishing tackle and flagged the Army truck and Parks' car and told them what had happened, and we all three went to the scene of the accident, which was about 500 or 600 yards east from where I was fishing. I went out to the plane and helped remove the bodies from the plane and some of the bodies were in the water. There were some parachutes floating in the water. I brought in one body from the plane which had a parachute harness on. The soldiers were laying the bodies on the beach and covering them up with parachutes. I also saw some Mae West jackets floating on the water.

I did not know any of the people involved in this accident.

B. F. ALLEN.

Sworn to and subscribed before me this the 5th day of June 1943, to certify which, witness my hand and seal of office.

[SEAL]

WILLIAM D. DECKER, Notary Public, Galveston County, Tex.

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