WAR DEPARTMENT, Washington, April 28, 1944.

Hon. DAN R. McGEHEE,

Chairman, Committee on Claims,

House of Representatives.

DEAR MR. MCGEHEE: The War Department is opposed to the enactment of H. R. 3996, Seventy-eighth Congress, in its present form. This bill would authorize and direct the Secretary of the Treasury to pay "the sum of $15,000 to F. L. Gause for personal injuries and permanent disability; the sum of $25,000 to Rosalind Gause for personal injuries and permanent disability; and the sum of $1,500 to Helen Gause for personal injuries and permanent disability, as a result of a United States Army airplane crashing into the automobile in which they were passengers on West Beach of Galveston Island, Galveston County, Tex., on February 21, 1943." The bill further authorizes and directs the Secretary of the Treasury to pay to "F. L. Gause medical and hospital expenses in the total sum of $2,006.65, incurred by himself, Rosalind Gause. and Helen Gause; also the sum of $114 for damage to the automobile owned by F. L. Gause." The Department, however, would not oppose the enactment of the bill if it should be so amended as to provide for the payment of $7,120.65 to F. L. Gause; the payment of $6,000 to the legal guardian of Rosalind Gause; and the payment of $1,500 to the legal guardian of Helen Gause.

On February 21, 1943, an Army airplane piloted by a commissioned officer, with another commissioned officer and three enlisted men as crew members, took off on an authorized local training flight from the Army air base at Galveston, Tex. At about 11:45 a. m. the plane was flying in a westerly direction over the West Beach Road at a very low altitude about 5 miles from the city limits of Galveston. The twin motors appeared to be functioning normally and there was no evidence of mechanical distress. At the same time a 1935 Ford coach, owned and operated by Francis L. Gause, Oleander Homes, Galveston, in which his six children were riding as passengers, was proceeding east on the West Beach Road. Mr. Gause observed the plane approaching him at an altitude which he estimated to be approximately 50 feet. When the plane reached a point directly ahead of the civilian vehicle, it dived and the right wing lowered, striking the top of the car. The force of the impact tore the wing of the plane loose, the plane crashed into the sea and the entire crew was lost. The top of the civilian vehicle was ripped off and it was whirled around and thrown into the surf in an upright position a few yards off shore. As a result of the accident the civilian vehicle was damaged beyond repair and Mr. Gause and two of his children, Rosalind Gause, age 4 years, and Helen Gause, age 6 years, sustained serious personal injuries. After the accident Mr. Gause and his two injured daughters were taken to the John Sealy Hospital, Galveston, Tex., for treatment. Gause sustained a compound comminuted fracture of the left elbow and extensive lacerations of the forearm, with respect to which Dr. G. W. N. Eggers, of Galveston, made the following statement on June 7, 1943:

Mr.

"The wound was debrided and after healing the head of the radius was resected to secure some motion in the elbow. This was not successful due to the extensive damage of the elbow. He [Mr. Gause] has been advised to have a resection of the elbow to secure a flail as the only means of improving the motion at the elbow. This he has consented to have done. The ulnar nerve was intact but severely traumatized and the nerve has never regained any function. He has therefore an ulnar paralysis with loss of function of fourth and fifth fingers and interosseous loss as well. Also the skin area on the radial side is anesthetic distal to the extensive laceration which destroyed superficial cutaneous nerves.

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"As a result of the accident Mr. Gause has a severely damaged left arm and I understand he is left handed. He will be definitely handicapped with his future work.'

In a supplemental statement dated August 21, 1943, Dr. Eggers stated: "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. 66* * * 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.'

Mr. Gause was examined by Maj. James H. Wooten, Jr., Medical Corps, Station Hospital. Camp Wallace, Tex., who submitted the following report on December 30, 1943:

"Examination: There is 11⁄2 inches of shortening of the left upper extremity as compared to the right. There is rather marked atrophy of the muscles of the arm and forearm but very little evidence of atrophy of the muscles of the left hand. The left elbow joint is a flail joint. The insertion of the left biceps muscle into the tuberosity of the radius is intact. Since the olecranon process of the ulna is gone, the triceps muscle has no attachment. The patient is capable of flexing the left elbow about 30° by contracting the biceps brachii muscle. To do this, it is necessary for the bones of the forearm to be pulled up so that they impinge on the intact articular surface of the humerus which is then used as a fulcrum. Motion in the left wrist is somewhat impaired. Flexion is limited by about 75 percent. This seems to be partially due to damage to the flexor muscles and their nerve supply at the time of the injury. Hyperextension at the wrist is limited only by about 25 percent. Range of motion of all fingers seems to be normal. There is, however, some weakness of flexion amounting to about 50 percent. The intrinsic muscles of the left hand seem to be essentially normal in motor power. This neurological examination of the left upper extremity showed some hypoesthesia of the medial half of the volar surface of the forearm extending from the point of injury at the elbow to a point about an inch proximal to the left wrist. There was no evidence of diminished sensation in the left hand when tested for sharp and dull sensation. X-rays of the left elbow showed that about 2 to 3 inches of the proximal end of the left ulna had been removed. The proximal end of the left radius has been removed down to a point just proximal to the tuberosity of the radius. The distal articular end of the left humerus seems to be intact.

"This patient has a flail left elbow joint due to the removal of the proximal 2 to 3 inches of the left ulna and the proximal 11⁄2 inches of the left radius.

"The insertion of the left biceps brachii is intact and the insertion of the left triceps brachii is gone. There is some ability to flex the flail joint but none to extend it. There is some loss of muscle power in the flexor muscles of the left forearm. At this examination the patient shows inability to perform the motions of pronation and supination.

"The radial, ulna, and median nerve supply to the left hand appears to be intact. This examiner feels that this patient has approximately 75 percent of disability in his left upper extremity. This disability is considered to be permanent."

Rosalind Gause sustained a severe fracture of the skull for which she was hospitalized for a period of 33 days. On December 20, 1943, Dr. John M. Thiel, of Galveston, described her injuries as follows:

"She [Rosalind Gause] 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 bad 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 post-operative 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 vo cabulary however was much less than it was prior to her accident.

"Psychological examination done on June 1, showed that her present functioning level of intelligence was inferior to her former level of performance. She 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 * * showed that

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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 normal 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 selfexpression 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."

Dr. S. R. Snodgrass, of Galveston, submitted the following report on the condition of Rosalind Gause on June 29, 1943:

"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."

Dr. Snodgrass examined Rosalind Gause again after approximately 6 months and made the following supplemental report on December 15, 1943:

"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."

Rosalind Gause was examined by Captain Bernard H. Shulman, Medical Corps, Chief, Psychiatric Section, Station Hospital, Camp Wallace, Texas, who submitted the following report on December 31, 1943:

"Due to the severe brain damage as evidenced by observation on admission and also the marked dilation of both lateral ventricles as shown by pneumoencephalography, one can state that the damage, as noted above, to the right upper and lower extremities is permanent. Also because of the involvement of the frontal lobe of the brain personality changes will also be present. These have already been noted as evidence by the history as obtained from the parents of the child.

"It is my opinion, therefore, that this child is left with permanent disability involving the right arm and leg. Also her personality make-up has been altered to such an extent that she will be disabled for the rest of her life. These statements are made because of the definite brain damage as noticed by X-rays and loss of brain tissue on admission at the time of the accident."

In the accident Helen Gause sustained a severe laceration of the scalp and fracture of the skull. In a statement dated December 20, 1943, Dr. John M. Thiel, of Galveston, described her condition as follows:

"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. Afte 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 post operative 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."

The evidence shows that as a result of the personal injuries sustained by himself and his two daughters in this accident Francis L. Gause incurred medical and hospital expenses in the aggregate amount of $2,006.65, which may be itemized as follows:

The evidence contains a statement from William D. Decker, attorney for the claimant, that the civilian vehicle which was involved in the accident had been purchased by Mr. Gause a few months before it was wrecked at a cost of $90 and that by working on it himself and adding new parts its value had been enhanced to approximately $130. After the accident it was sold for salvage for $16.

At the time of the accident Mr. Gause was 38 years of age and was employed as a boilermaker's helper. He was married and had six children ranging in age from 4 to 17 years, all of whom presumably were dependent upon him for their support.

The evidence clearly establishes that the accident was not caused by any fault or negligence on the part of Mr. Gause or any of the passengers in his automobile, but was caused solely by an instrumentality of the Government for which it may properly assume liability. It is, therefore, the view of the War Department that Mr. Gause should be compensated for the property damage and personal injuries sustained by him and for the medical and hospital expenses incurred for himself and for his two injured children. Moreover, it is the view of the War Department that the United States should provide compensation for the permanent disabilities sustained by Mr. Gause's minor children. While the amounts of the awards stated in the bill are excessive, the War Department would not oppose the enactment of the bill if it should be so amended as to provide for the payment to F. L. Gause of the sum of $7,120.65 ($114 for property damage; $2,006.65 for medical and hospital expenses actually incurred; and $5,000 for personal injuries). Inasmuch as Rosalind Gause and Helen Gause are minors and have sustained serious injuries which have resulted in permanent disabilities, it is believed that, if this bill is approved, it should be so amended as to direct that the payment of the amounts appropriated thereunder for their relief be made to their legal guardians. If that is done the expenditure of the money appropriated will be under the supervision of a court. While the amount of the proposed award for the benefit of Rosalind Gause, $25,000, is excessive, the Department would not oppose an appropriation for her benefit in the amount of $6,000. Inasmuch as the medical evidence in this case shows that Rosalind Gause sustained in this accident such unusually severe injuries, both physical and mental, "that she will be disabled for the rest of her life," it is believed that an appropriation for her relief in the amount of $6,000 would be fair and reasonable and not excessive. The amount of the proposed award for the benefit of Helen Gause, $1,500, appears to be fair and reasonable.

It is, therefore, recommended that the title of the bill be amended to read “A bill for the relief of F. L. Gause, the legal guardian of Rosalind Gause and the legal guardian of Helen Gause." It is further recommended that everything after the words "not otherwise appropriated," on line 5, page 1, of the bill, and before the word "Provided" on line 7, page 2 of the bill, be stricken out, and that in lieu thereof there be inserted the following: "the sum of $7,120.65 to F. L. Gause for property damage, personal injuries and permanent disability to himself, and medical and hospital expenses incurred for himself and his minor daughters, Rosalind Gause and Helen Gause; the sum of $6,000 to the legal guardian of Rosalind Gause, a minor, for personal injuries and permanent disability; and the sum of $1,500 to the legal guardian of Helen Gause, a minor, for personal injuries and permanent disability, as a result of a United States Army airplane crashing into the automobile in which they were riding on West Beach Road, Galveston Island, Galveston County, Texas, on February 21, 1943."

The fiscal effect of the bill is manifest.

The Bureau of the Budget advises that there is no objection to the submission of this report.

Sincerely yours.

HENRY L. STIMSON,
Secretary of War.

STATEMENT AND AUTHORITIES

FAMILY STATUS

F. L. Gause is 38 years of age and his wife is 38 years of age. They were married in Texas in 1925, and as the result of such marriage, have had born to them six children, ranging in age from 4 to 17 years inclusive. Two children, Helen Gause and Rosalind Gause, 6 and 4 years of age respectively, and F. L. Gause were injured in this accident.