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STATEMENT

15

AUGUST 27, 1937.

Miss Mary Ann Thesing, 288 Hague Street, Rochester, N. Y., to St. Mary's Hospital, debtor.

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I, Marjorie St. John, being duly sworn, depose and say that I now reside at No. 82 Mildred Street, in the city of Rochester, N. Y., with my husband, Thomas M. St. John.

I am making this affidavit in behalf of myself and my husband, Thomas M. St. John, the father of said child, and also in behalf of the child, Marjorie St. John, who is now 12 years of age at this time and who was 8 years of age at the time she received the injuries hereinafter stated.

That the child is one of the persons who was burned by the explosion of the still located in a house No. 297 Hague Street, in the city of Rochester, N. Y., on the 7th day of July 1933, while said still was being dismantled by United States prohibition agents. That at the time of the explosion she was standing in the yard of the premises No. 303 Hague Street.

That as a result of said explosion she received burns on her face, arms, hands, and legs. That she has a permanent scar across the entire length of her forehead. That she has a permanent scar across the entire left side of her face. That her entire left and right arms and hands are permanently scarred. That both of her elbows are permanently scarred. That her entire left and right legs, from the ankles to the knees, are permanently scarred. That she has several round permanent scars on the right side of her cheek. That she sustained a severe shock to her nervous system, and is still nervous as a result of said accident. I am informed by the doctors who have examined her that these scars are permanent and will never disappear and that she will be permanently disfigured during her entire life.

That said child, Marjorie St. John, was in St. Mary's Hospital from the 7th day of July 1933, the date of the explosion, to the 31st day of July 1933. That the bill of St. Mary's Hospital for her care during said period of time was the sum of $72.

In behalf of ourselves, the parents of said child, and in behalf of said child, we desire to make a claim against the United States Government for the sum of $20,000.

Sworn to before me this 29th day of May 1937.

MARJORIE ST. JOHN.

EUNICE R. LONDON,
Commissioner of Deeds.

To whom it may concern:

ROCHESTER, N. Y., February 12, 1938.

Examination of Marjorie St. John, 32 Mildred Street, age 13 years, was as fol

lows:

Child quite nervous and apprehensive; anemic and about 12 pounds underweight. Examination of heart and lungs essentially negative to any organic lesions. Abdomen: Complains of some tenderness over McBurney's area. Some exaggeration in her nerve reflexes.

Permanent injuries: A scar extending over entire upper surface of forehead and extending down over temple and along left side of face to about 1 inch below left lobe of ear. This scar is about 61⁄2 inches in length. A scar about 71⁄2 inches in length and about 4 inches in breadth on left forearm. A scar about 6 inches in length and about 4 inches in breadth on right forearm-both dorsal surfaces. Also a deep permanent scar on right elbow-dorsun-about 2 inches in diameter. Both hands dorsun-permanent scars about 3 inches in length involving the dorsun of all the fingers. Left leg-lateral and anterior portions deep permanent

scars about 15 inches in length extending from knee down practically to ankle. Right leg-deep scars about 13 inches in length lateral surface from knee cap down. Also medial surface a scar about 4 inches in length and 2 inches in width. Consider this condition one of a permanent nature and disfiguring for remainder of her life. MATTHEW J. HOENIG.

STATEMENT

277 Alexander St.

AUGUST 27, 1937.

Miss Marjorie St. John, 82 Mildred St., Rochester, N. Y., to St. Mary's Hospital, debtor.

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I, John H. Mattil, Sr., being duly sworn, depose and say that I reside at No. 313 Hague Street, in the city of Rochester, N. Y.

I am making this affidavit in behalf of myself and also in behalf of my son, George Mattil, who is 14 years of age at this time and who was 10 years of age at the time he received the injuries hereinafter stated.

That he was one of the persons who was burned by the explosion of the still located in a house No. 297 Hague Street on the 7th day of July 1933, while said still was being dismantled by the Unitd States prohibition agents. That at the time of the explosion he was standing in the yard of the premises No. 303 Hague Street.

As a result of said explosion he received burns on the right side of his face and right ear, on the left side of his neck and his right hand and fingers were entirely burned, and which has resulted in permanent scarring; that his right elbow is covered with a large scar and both of his forearms and upper arms are permanently scarred; that his left arm is badly scarred in the region of his elbow; that his left wrist is scarred; that he sustained a severe shock to his nerves: that he received an injury to his eyes and as a result, it is necessary for him to wear glasses.

That said George Mattil was admitted to the St. Mary's Hospital on the 7th day of July 1933, the day that said explosion occurred and was discharged on the 29th day of July 1933. That the bill of St. Mary's Hospital for medical care furnished said infant was $66.50.

In behalf of myself and said infant, I desire to file a claim against the United States Government for the sum of $20,000.

Sworn to before me this 25th day of May 1937.

JOHN H. MATTIL, Sr.

EUNICE R. LOUDON,
Commissioner of Deeds.

W. T. FULKERSON, M. D.,
Rochester, N. Y., February 11, 1938.

Examination of George A. Mattil, age 14, weight 86 pounds. George is a very nervous boy and a victim of the nail-biting habit.

Eyes: Pupils are equal and react to light and accommodation.

Nose: The nasal fossae are normal.

Throat: Tonsils are medium size and not infected.

Teeth: There is one badly decayed tooth, otherwise condition is good.

Ears: Right ear detects watch tick at 8 inches, left ear at 12 inches.

scopic appearance of drums and canals is normal.

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Face: There are miltiple small scars covering lips, nose, and chin. two scars 1 inch and one-half inch on the left check. On the right cheek there is a scar about 1 inch in diameter. There is an area on the right temporal region about 1 inch in diameter devoid of hair.

Extremeties: The left forearm shows a scar about 1 inches in diameter and several about 1 inch in diameter. The right elbow shows a scar about 4 inches in diameter and another about 1 inch in diameter. There is a scar 3 inches and one of 2 inches on the anterior surface of the right forearm. The dorsal surface of the right hand is completely covered by scar formation.

Heart: The rate and rhythm are normal. No murmurs detected.
Lungs: Auscultation and percussion reveal no abnormalities.
Abdomen: Negative.

STATEMENT

W. T. FULKERSON.

August 27, 1937.

George Mattil, 813 Hague St., Rochester, N. Y., to St. Mary's Hospital, debtor.

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I, Susie Spier, being duly sworn, depose and say: That I reside with my husband, Fred Spier, at No. 285 Hague Street, in the city of Rochester, N. Y.

I am making this affidavit in behalf of my infant daughter, Susie Spier, who is 9 years of age and who was 5 years of age when she received the injuries hereinafter mentioned.

My said daughter, Susie Spier, was injured while in the adjoining lot of the premises No. 297 Hague Street, when a still which was located in said last-mentioned premises exploded while the United States prohibition agents were dismantling the same.

That said Susie Spier was admitted to the St. Mary's Hospital on the 7th day of July 1933, the day that said explosion occurred and was discharged on the 29th day of July 1933. That said Susie Spier was seriously and permanently injured by reason of said explosion That she suffered first and second degree burns upon her face, neck, arms, forearms, and legs, and which has resulted in permanent scarring. That she has a scar upon her right arm 6 inches in length; upon her right upper arm a round scar which is very disfiguring and fully 1 inch in diameter; a scar upon her left forearm; both of her hands were scarred; that she has a scar upon her right lower leg about three-fourths of an inch in diameter; in addition to this the child's entire forehead was burned, as well as her face; that she has scars on both of her cheeks.

That as a result of said explosion and the injuries received by said child, the said Susie Spier has been permanently disfigured and it has seriously affected her health; that she has been extremely nervous since and has not been in good health; that she requires medical attention which we are unable to give her, particularly medical attention for her nerves.

That the bill of St. Mary's Hospital for medical care furnished said infant was $66.50.

In behalf of the parents of said child and also in behalf of said child, I desire to file a claim against the United States Government for the sum of $5,000.

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I examined her on February 11, 1938. Heart and lungs negative, child has hemoglobin of 78 percent; very nervous youngster with secondary anemia; scars still evident.

Respectfully,

Louis Iuppa, M. D.

STATEMENT

AUGUST 27, 1937.

Susie Spier, 285 Hague Street, Rochester, N. Y., St. Mary's Hospital, debtor: July 7, 1933: Ambulance....

July 8, 1933:

Laboratory

Operation

July 29, 1933: Ward...

Total...

STATE OF NEW YORK,

County of Monroe, City of Rochester, ss:

George P. Ormsby, being duly sworn, deposes and says:

0.00 $3.00

8. 00 60.50

66. 50

That he is a resident of the city of Rochester, county of Monroe, and State of New York, and that he now resides at 152 Glide Street in the city of Rochester. That on the 7th day of July 1933, he was residing at 282 Hague Street in the city of Rochester, and on that day at 297 Hague Street, while the United States Federal agents were dismantling a still which had been operated illegally on the premises, your deponent is informed and believes that they poured cold water on the still before it had become cold and it caused a terrific explosion, and your deponent's son, who was playing adjacent to the premises, received terrific injuries about the head and ear and about his whole body as a result of said explosion, which was caused through the negligence of the United States agents, who were then in charge of the dismantling of the still.

That it was necessary to remove your deponent's son immediately to St. Mary's Hospital where he was confined continuously from the 7th day of July 1933 until July 29, 1933, and then was immediately transferred back to the hospital from the 1st day of August until the 10th day of August 1933, where he was treated for burns and the condition of the ear, which resulted in a large percentage of deafness in the ear, which your deponent is informed and believes will be permanent in its nature.

That it has been necessary for your deponent to have medical attention for the child since the accident happened, and at the present time, the upper portion of the right eardrum still shows the granulation protruding from the drum and has been ever since the time of the accident. And your deponent is informed and believes that the discharge is bound to cause increasing deafness, and that a mastoid operation which was done in order not to damage the hearing at the time has not been successful.

That your deponent is informed and believes that another operation may not result in a dry ear but might give considerable additional loss of hearing. Your deponent is informed and believes that this will have to be done which will, inevitably, result in a further increase of deafness whether the surgery is done of not.

That the son of your deponent suffered severe pain and agony from the burns and injuries of body and ear and that your deponent is submitting a copy of the medical reports by a competent physician, which show the condition that resulted from the injuries and the burns and which are going to be permanent in their

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Story. Admitted at St. Mary's Hospital July 7, 1933, with first and second degree burns of face and neck following explosion. He was discharged July 29, 1933, and readmitted to St. M .ry's Hospital August 1, 1933, with a diagnosis of right otitis media. Discharged August 10, 1933. In 1934 was operated upon for mastoid, right.

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Examinations.-July 31, 1935, still profuse drainage of pus from right ear May 27, 1926, 4-A audiometer, right 27 percent loss, left normal. August 2, 1937, right external auditory canal negative, drum is retracted; dull. There is a calcareous elevation on the right auricle. Left ear, scar of a mastoid wound, external canal shows considerable muco purulent material. The drum shows an opening in shrapnels membrane from which pus is exuded. August 2, 1937, 2-A auditometer shows 30 sensation units loss right ear, left ear practically normal. It is my opinion that this boy has a considerable educational handicap which will not improve. Yours truly,

Mr. LEO J. HILBERT,

L. J. NACEY, M. D..

ROCHESTER, N. Y., August 2, 1937.

Attorney, 19 Main Street West, Rochester, N. Y. MY DEAR MR. HILBERT: I am enclosing a summary of the Strong Memorial Hospital record in the case of Richard Ormsby. The record does not go into detail concerning the details of the accident in July 1933 but the family tell me that there were extensive burns over the face as well as on the rest of the body with a great deal of nasal congestion which were a few days later complicated by pain in the right ear which finally broke and drained pus. The summary takes up the story fairly completely after that point.

Examination today shows a persisting perforation in the upper portion of the right drum through which a small mass of granulation is protruding. There is a fairly profuse purulent discharge. The scar of the mastoid operation is in good condition. The left drum is fairly normal. Nose, and sinuses are normal. Tonsils have been cleanly removed.

An audiometer test was made of the hearing in both ears. The hearing in the left ear is within normal limits but on the right side there is an average loss of between 20 to 25 percent. The problem in this case concerns clearing up of the persistent discharge which is bound to cause increasing deafness. The simple mastoid operation which was done in order not to damage the hearing has not been successful nor have frequent treatments in the clinic helped. I see nothing left to do in this case except a radical mastoid operation and even that may not result in an entirely dry ear and would probably give considerable additional loss of hearing. We are, therefore, dealing with a permanent ear injury which will inevitably result in further increase of deafness whether surgery is done or not. I am enclosing a bill for my examination and survey of the hospital records. Very truly yours,

CLYDE A. HEATLY, M. D.

ST. MARY'S HOSPITAL, Rochester, N. Y., August 4, 1937.

Re: Richard Ormsby.

Mr. J. L. HILBERT,

19 West Main Street, Rochester, N. Y.

Admitted July 7, 1938. Discharged July 29, 1983.

Diagnosis: First and second degree burns of face, neck, both arms and forearms and legs.

History of present illness: Patient was sprayed with flaming alcohol while watching a raid. He was immediately brought to emergency room for treatment. Readmitted August 1, 1933. Discharged August 10, 1933.

Diagnosis: Right otitis media.

History of present illness: Child was discharged about 1 week ago with fair recovery from skin burns. At that time had some inflammation of skin of external ear canal. Returned this p. m. with pain in right ear with some discharge (mucopurulent in nature). RICHARD E. NIED, M. D.

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