ever, a further examination of Miss Blacknall was made at the United States Marine Hospital at Seattle, Wash., and a report was issued on January 3, 1946, indicating that Miss Blacknall would have a permanent disability of about 20 percent due to the accident. Accordingly, the general manager advised the Department that Miss Blacknall's claim of $5,000 was considered not unreasonable. A voucher was forwarded to the Department for transmission to the General Account ing Office for consideration and direct settlement with Miss Blacknall. On October 16, 1946, the Comptroller General wrote to Miss Blacknall, as follows: Your claim for $5,000 alleged to be due you for injuries, both physical and mental, mental anguish and suffering * * * has been carefully examined and it is found that no part thereof may be allowed. * * * There is no law or appropriation available to compensate anyone for pain or suffering sustained due to the negligent operation of The Alaska Railroad and, inasmuch as it appears from the record that actual damages sustained have been paid, there is no authority for the payment of your claim. In view of this decision of the Comptroller General, the only means whereby Miss Blacknall may recover from the Government is through congressional act. At the time of the accident, Miss Blacknall was about 61 years of age. She is now on retirement on a modest pension, and that during the past years she has had to consult physicians and receive treatment for the injuries suffered, paying for this care from her own funds. The general manager of the railroad is of the opinion that because of her advanced age there is a possibility that she will never again be able to resume any gainful occupation. The Interior Department has no objection to the enactment of this bill. Therefore, your committee concurs in that recommendation and favorably reports the bill. THE SECRETARY OF THE INTERIOR, Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, House of Representatives. MY DEAR MR. MICHENER: This is in reply to your request for a report on H. R. 3113, a bill for the relief of Bessie B. Blacknall. The bill authorizes and directs the payment of $5,000 to Bessie B. Blacknall of Henderson, N. C., in full settlement of all her claims against the United States on account of personal injuries suffered by her as the result of the derailment on December 21, 1944, of a passenger train operated by The Alaska Railroad. I recommend favorable consideration of the bill. The facts in this case, as disclosed by the files of this Department, are as follows: Miss Bessie Blacknall left Fairbanks, Alaska, on December 21, 1944, on a passenger train operated by The Alaska Railroad. As a result of the derailment of the train at milepost 424.9, Miss Blacknall suffered a partial fracture and multiple contusions. She was taken to St. Joseph's Hospital at Fairbanks and was confined there from December 21, 1944, to April 5, 1945. All expenses connected with Miss Blacknall's hospitalization at St. Joseph's Hospital were borne by The Alaska Railroad. On May 22, 1945, Dr. P. B. Haggland, Alaska Railroad surgeon, advised that final determination as to any disability in Miss Blacknall's case should be made a year after the accident. On May 31, 1945, Miss Blacknall advised the railroad that she considered a claim of $5,000 justified. The general manager of the railroad informed Miss Blacknall that he considered this claim excessive, but that he would recommend payment of $2,500. This was based on the assumption that Miss Blacknall had made a complete recovery. However, a further examination of Miss Blacknall was made at the United States Marine Hospital at Seattle, Wash., and a report was issued on January 3, 1946, indicating that Miss Blacknall would have a permanent disability of about 20 percent due to the accident. Accordingly, the general manager advised the Department that Miss Blacknall's claim of $5,000 was considered not unreasonable. A voucher was forwarded to the Department for transmission to the General Accounting Office for consideration and direct settlement with Miss Blacknall. On October 16, 1946, the Comptroller General wrote to Miss Blacknall, as follows: "Your claim for $5,000 alleged to be due you for injuries, both physical and mental, mental anguish and suffering * * has been carefully examined and it is found that no part thereof may be allowed. * * There is no law or appropriation available to compensate anyone for pain or suffering sustained due to the negligent operation of The Alaska Railroad and, inasmuch as it appears from the record that actual damages sustained have been paid, there is no authority for the payment of your claim." In view of this decision of the Comptroller General, the only means whereby Miss Blacknall may recover from the Government is through congressional act. The circumstances in the case, in my opinion, warrant the granting of the relief sought through enactment of H. R. 3113. At the time of the accident, Miss Blacknall was about 61 years of age. I am advised that she is now on retirement on a modest pension, and that during the past years she has had to consult physicians and receive treatment for the injuries suffered, paying for this care from her own funds. The general manager of the railroad is of the opinion that because of her advanced age there is a possibility that she will never again be able to resume any gainful occupation. In the light of the foregoing facts, I have no objection to the enactment of H. R. 3113. The Director, Bureau of the Budget, advises that there is no objection to the submission of this report. Sincerely yours, OSCAR L. CHAPMAN, Under Secretary of the Interior. SEATTLE ORTHOPAEDIC AND FRACTURE CLINIC, Re: Miss Bessie B. Blacknall. This is to certify that Miss Blacknall came under my care on September 18, 1945, because of an injury sustained to the cervical spine on December 21, 1944. The injury resulted from the fact that while riding on a train, the train was derailed. She was in the hospital at Fairbanks, Alaska, with head traction for 8 weeks and then a cast for 7 weeks. At the time that I saw her, she showed very limited motion in the cervical spine and a marked amount of tenderness. Radiographs showed a good deal of traumatic arthritic changes between the first and second cervical vertebrae. The treatment recommended was head stretchings and manipulations three times a week which was carried out. The treatments were continued; at first, three times a week and on December 4, these were decreased to once a week but she did not do well with that regime, therefore on January 4, 1946, the treatments were increased to twice a week. The physiotherapy was then stopped on February 27, 1946, at which time she did not have much pain in the neck, but there still was considerable limitation of motion, there being 25 percent limitation of rotation each way, lateral flexion was restricted 30 percent each way, forward flexion and extension were about normal. JOHN F. LECocq, M. D. REPORT FROM X-RAY-DUKE HOSPITAL Patient's name: Blacknall, Bessie B. Hist. No.: B 9697. 1946. To Dr. Reeves. Service: Med. PDC. Date: December 31, Films of the cervical spine show rather marked arthritic change, involving the fifth, sixth, and seventh and first thoracic. There is considerabie narrowing of the interspace. There is also some backward tilting of the atlas on the axis, but no fracture can be seen in this region. Whether or not this could be caused by an old injury is questionable, but suspicious. It is difficult to determine the cause for the extensive arthritic change. R. I. REEVES, M. D. HENDERSON, N. C., February 14, 1948. Hon. HAROLD D. COOLEY, House of Representatives, Washington, D. C. DEAR MR. COOLEY: Miss Bessie Blacknall has asked that I write you of her present condition and of the disability which has been the result of the train accident in Alaska, December 21, 1944. This lady sustained a fracture of the atlas and a dislocation of the axis vertebrae of the cervical spine. She was treated in a hospital with traction and a cast for 16 weeks. She later went to Seattle, Wash., where she was treated with physiotherapy for 7 months. She bore all the expenses of living as well as treatment while in Seattle. Miss Blacknall's present condition is improved over the condition immediately following the accident. She still has pain in her neck and at the base of her skull. The pain is exacerbated by exertion or if the neck is held in any one position for any length of time. There is limitation of motion both to the right and to the left. Miss Blacknall has suffered a great deal of pain and the expense has been an overload for her since the accident. She worked as a missionary on a modest salary before the accident. Her retirement was forced 3 years before it was due because of the fact that she suffered so much pain, and because she has not been able to do any work at all. It is my opinion that Miss Blacknall is totally and permanently disabled from all work for the duration of life. Sincerely, H. HARTWELL BASS, M. D. O 2d Session No. 1529 THOMAS A. W. ELDER MARCH 9, 1948.-Committed to the Committee of the Whole House and ordered to be printed Mr. JENNINGS, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 3805] The Committee on the Judiciary to whom was referred the bill (H. R. 3805) for the relief of Thomas A. W. Elder, having considered the same, report favorably thereon with an amendment and recommend that the bill do pass. The amendment is as follows: Page 1, line 7, strike out "$10,000" and insert in lieu thereof "$9,000". PURPOSE OF THE BILL The purpose of the proposed legislation is to pay the sum of $9,000 to Thomas A. W. Elder, of Stewart Manor, N. Y., in full settlement of all claims against the United States for personal injuries, medical and hospital expenses, and loss of earnings, resulting from negligent and improper professional treatment and care by an Army doctor during the time he was hospitalized for certain injuries at the Three Hundred and Fifty-ninth Station Hospital of the United States Army, at Trinidad, British West Indies, during the period from May 1944 to December 1944, inclusive. STATEMENT OF FACTS On the evening of May 23, 1944, Thomas A. W. Elder, a civilian employee of the post engineer, Fort Read, Trinidad, British West Indies, sustained simple fractures of the tibia and fibula of his left leg in an accident which occurred in Port of Spain, Trinidad, while he was returning to Fort Read on his motorcycle. An officer of the Medical Corps, United States Army, gave him first aid at the scene of the accident and he was then removed to the United States Army dispensary at Port of Spain where the leg was X-rayed, reduction of the fractures was accomplished, and a cast was applied. Post reduction X-rays showed the fragments to be in good position and in normal course Mr. Elder could have expected to have fully recovered, with no after effects, in a period of from 6 to 8 weeks. On the following day, May 24, 1944, Mr. Elder was moved from the dispensary to the station hospital at Fort Read. Upon examination at the hospital it was found that a crack had developed in the cast. Accordingly, it was removed and a new cast was appleid. Although perfect position of the bones had apparently been obtained, X-rays made 2 days later indicated that the fracture alinement had slipped. The cast was again removed, at which time it was found that an area of pressure over the instep had caused a hematoma. The fractures were realined and a new cast was applied. Thereafter, Mr. Elder was in great pain for a considerable period of time. X-rays taken on June 22, 1944, revealed that there had been some loss of position with overriding in both the fibula and the tibia. As it was believed unlikely that the fibula would unite in its then position, it was determined to attempt to reduce the fractures through the use of the Roger-Anderson apparatus. The application of this apparatus is a complicated procedure requiring very definite knowledge and ability which, unfortunately, it does not appear that the attending medical officer possessed. When the cast was removed in preparation for the operation it was found that where the area of hematoma had previously been noted there was now a dry gangrenous region. With considerable difficulty the Roger-Anderson tractor was applied but, despite the application of this mechanically controlled method of reducing and fixing fractures, it cannot be said that the reduction of Mr. Elder's fractures was successfully accomplished, and he continued to be in great pain. The regular surgeon (Capt. Wayne P. Kelly) returned to the hospital in July 1944 and shortly thereafter, at Mr. Elder's specific request, he took over the treatment of the case. Regarding the condition at the time that he made his first examination Captain Kelly testified: My examination on July 17 [1944] showed a man who was suffering from marked pain in his left leg and was having to have narcotics administered which had been continually administered during his previous hospital stay. There was marked atrophy of his left quadriceps, a marked separation with post and lateral bowing of the fractured left tibia and fibula fragments. There was an ulceration over the dorsum of the left foot 3 centimeters in diameter with anasthesia over the dorsum of the foot distal to the ulcer. There was also an ulcer on the heel of the left foot about 3 centimeters in diameter. These ulcers appeared to be pressure ulcers or of the type resulting from pressure of the plaster case or traction apparatus. There was a left foot drop present. There was sero-purulent drainage from pins just proximal and distal to the fracture. Patient complained of pain in the perineal region and some difficulty in voiding. This condition was undoubtedly due to trauma to the perineum by repeated attempts at reduction of fracture and had resulted in bladder infection. Open reduction was decided against because of the infection about the Roger-Anderson apparatus. It was decided necessary to take down the Roger-Anderson apparatus in an attempt to discover the cause of this patient's discomfort. On the 19th of July he was taken to the operating room and under sodium pentothal and gas-oxygen anasthesia, the apparatus was taken down. The pin just proximal to the fracture was found to be lying outside the bone in the soft tissues. The pin was removed and a new pin inserted through the distal portion of the proximal fragment of the tibia. The Roger-Anderson apparatus was reapplied and the fracture ends of the bone approximated. Satisfactory approximation of the fractured ends of the tibia was impossible at this time due to partial healing which had taken place during the 8 weeks. |