Department, Assistant Chief, Claims and Litigation Division, Department of the Army, wrote to the claimant's counsel, "the Department of the Army can take no administrative action on your client's claim."

On March 12, 1948, claimant's counsel, in an interview with above-named Lieutenant Colonel Borom, at the War Department, was told that the War Department could not take action because the claim did not involve property damage, medical expense, or hospital bills. He stated that the War Department felt Miss Schiek had a most meritorious claim and undoubtedly had received very severe injuries in the accident which were not recognized during her 48 days in the Three Hundred and Seventy-second Field Hospital, and that the War Department would approve any sum which Congress felt would properly compensate Miss Schiek for the injuries and disability which manifestly will leave her totally disabled for the rest of her life. The question might arise as to why Miss Schiek was riding in the Army truck. On Sunday, May 27, 1945, the day of the accident, she was assigned to travel with some GI's and point out and visit a point. of interest. An Army truck known as a 6 by 6 was assigned for the purpose. Miss Schiek sat on the last seat on the right-hand side in rear of the truck with 14 or 15 soldiers. After the truck had gone a few miles on the return trip, it tipped over going around a curve, throwing Miss Schiek and the men out and turning over them.

The Department of the Army admits the negligence on the part of the Army personnel and, as stated above, would approve any sum which Congress felt would properly compensate Miss Schiek.

At the time of this accident, Miss Schiek was 27 years of age and was employed as an advertising copywriter prior to joining the American Red Cross. Her former employer, Mr. Robert A. Heinz, assistant promotion director of the Milwaukee Boston Store, Inc., stated that she would have probably been rehired at around $40 per week.

The Secretary of the Army, in his report dated May 17, 1949, states: Apart from any consideration of the question as to the medical treatment which Miss Schiek received at the Three hundred and seventy-second Station Hospita it is apparent that she sustained serious injuries while riding in an Army vehicle and that the evidence clearly establishes that the accident and the resulting injury of Miss Schiek were not caused by any fault or negligence on her part but could only have been caused by the negligence of the driver of the Army truck in which she was riding. It is, therefore, the view of the Department of the Army that Miss Schiek should be compensated in a reasonable amount for the personal injuries sustained by her in this accident and the disabilities and loss of earnings resulting therefrom The award of $50,000 proposed in this bill appears to be somewhat excessive. Considering all of the facts and circumstances in this case it is believed that an award to the claimant in the amount of $15.000 would constitute a fair and reasonable settlement of her claim

Your committee has given this bill very careful consideration and unanimously disagrees with the recommendation of the Department of the Army in that $15,000 constitutes a fair and reasonable settlement for injuries sustained by Miss Schiek, and it is further unable to understand why and on what basis the Bureau of the Budget recommends an award not exceeding $10,000 It is the opinion of your committee that the Department of the Army nor the Bureau of the Budget has been fully informed regarding the real facts in connection with this claim. This claimant is totally and permanently disabled for life and in recommending the sum of $35,000 your com

mittee feels that this is in fact not commensurate with the injuries sustained. Therefore, favorable recommendation is made in the amount of $35,000.

Hon. EMANUEL CELLER,

DEPARTMENT OF THE ARMY.
Washington, D. C., May 17, 1949

Chairman, Committee on the Judiciary, House of Representatives.

DEAR MR. CELLER: The Department of the Army would have no objection to the enactment of H. R. 3300, Eighty-first Congress, a bill for the relief of Mary Thomas Schiek, a Red Cross employee injured by the Army, if it should be amended as hereinafter recommended

This bill provides as follows:

"That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $50,000 to Mary Thomas Schiek, in full settlement of all claims against the United States and against Charles H McDevitt, Junior, formerly a major in the Medical Corps, and chief of the surgical service, Three Hundred and Seventy-second Station Hospital, for permanent injuries suffered as the result of the negligent operation of an Army truck on May 27, 1945, in Bengal Province, India, and as the result of neglect and malpractice by Army Medical Corps personnel of the Three Hundred and Seventy-second Station Hospital.'

"

During 1945 Miss Mary Thomas Schiek was an employee of the American Red Cross and was stationed at Salua, Bengal Province, India. On May 27, 1945, she took a party of enlisted men to Dhudkhundhi, Bengal, on an afternoon sightseeing tour. There were three Army vehicles assigned for the trip and Miss Schiek rode in the rear of a 21⁄2-ton Army truck The facts are not completely clear but it appears that on the return trip the truck in which Miss Schiek was riding as a passenger, while attempting to follow the curve of the road at too high a speed, turned over or almost turned over. throwing Miss Schiek out, and that as a result of this accident Miss Schiek sustained personal injuries. She was immediately taken to the Three Hundred and Seventy-second Station Hospital of the United States Army where she was confined until July 13, 1945. The diagnosis made at the station hospita of the injuries sustained by Miss Schiek was as follows:

(a) Contusions of left face, left chest. abdomen, both buttocks, left leg and both feet.

"(b) Abrasions of left thigh and left chest.

"(c) Neuritis, traumatic, lower abdomen, both buttocks and both legs. moderate to severe, mostly cutaneous

At the time of her discharge from the station hospital it was recommended that she continue with physiotherapy treatments for 1 week as an out-patient and that she then be granted a period of sick leave of at least 2 weeks for a complete rest and rehabilitation

On August 9, 1945, Miss Schiek received a typhoid inoculation Her reaction to this inoculation was quite severe and she was thereupon admitted to the One Hundred and Forty-second General Hospital of the United States Army located in Calcutta, India She quickly recovered from the effects of the typhoid inoculation but a peculiarity in her gait was noted and when she related the history of the accident and her subsequent treatment. X-ravs -hospital The report on these X-rays was as follows.

"There is an irregularity with a moderate degree of angulation in the upper portion of the sacrum at about the junction of the first and second segments, which is believed to represent an old fracture with angulation of the sacral segments There appears to be some callus present. There is also an ununited fracture of the left transverse process of L-4, and old fractures of the transverse processes of L-5. There is also an old transverse fracture on the left at about the junction of the descending remus of the pubis with the ischium There is a fair amount of callus at the site of this fracture and there is no displacement of the fragments There are old healed fractures of the lower ribs on both sides at about the midaxillary line."

The Army medical officer who attended Miss Schiek at the one hundred and forty-second General Hospital was Maj Helman C. Wasserman. On October 7.

1947, Dr. Wasserman, 4500 Olive Street, St. Louis, Mo., made the following statement concerning the treatment rendered by him to Miss Schiek:

I saw Miss Schiek for the first time on the morning following her admission to the One-hundred and forty-second General Hospital. She had been admitted the previous evening because of a reaction to an inoculation of typhoid vaccine. At the time that she was first seen her reaction to the typhoid inoculation had subsided considerably. She was allowed to be up and about, and it was then noted that Miss Schiek had a peculiar 'duck waddle' gait. I questioned Miss Schiek about her gait. She related that she had been in a motor accident and had been confined to the Three-hundred and Seventy-second Station Hospital for some time. Following this she had been sent to a convalescent camp and had just returned for duty when the typhoid reaction had occurred. She related that for some time after her admission to the Three-hundred and Seventy-second Station Hospital she had been unable to walk and had had to learn over again. "When I examined Miss Schiek for the first time I found that she had moderate atrophy of the gluteal muscles and all the muscles of the posterior portion of the thighs and legs. There were varying areas of anesthesia and hypesthesia over this same area. X-rays, taken at this time, showed an anterior fracture dislocation of the sacrum. I do not recall at just what level. There was also evidence of healing fracture of several ribs on the left and I think that there was also a healing fracture of one of the rami of the pubis. I am not sure about the fracture of the pubis. "After these physical findings were determined, Miss Schiek was examined by Lt. Col. Max T. Schnitker (hospital neurosurgeon) and Maj. Max Levin (hospital neurologist). Both of them confirmed that Miss Schiek had suffered severe injury to the cauda equina (I do not recall exact nerve trunks involved) as the result of the sacral fracture and this was the cause of her inability to walk properly, to have proper reaction to touch, and also difficulty in controlling bowel movements."

Miss Schiek remained in the One Hundred and Forty-second General Hospital until September 28, 1945, when she was shipped back to the United States. The final diagnosis at the One Hundred and Forty-second General Hospital was as follows:

"Contusion, cauda, equina-sacral segments, severe, accidentally incurred at approximately 1630 hours [4:30 p. m.], May 27, 1945, when as a passenger during authorized Red Cross tour, was thrown from U. S. Army truck (6 by 6) when truck left road at APO 493."

Immediately upon her arrival in the United States Miss Scheik was taken to the Halloran General Hospital, Staten Island, N. Y., to which she was admitted on October 25, 1945. Numerous examinations were conducted and she was then permitted to go home on leave prior to the commencement of treatment. She returned to the Halloran General Hospital on January 9, 1946, and remained at the hospital under treatment until November 21, 1946. An abstract of her clinical record at the Halloran General Hospital is as follows:

"Condition on admission: Appearance good. Well-developed and well-nourished adult white female walking with a calcaneal gait and waddling from side to side in a minimal fashion.

"Chief complaint: Difficulty in walking due to old accident.

"History of the present illness: While riding a Government-owned vehicle on an authorized trip, the truck overturned and she was thrown out of vehicle landing on her back and left hip. This occurred at 1630, May 27, 1945, at Bengal, India, APO 493. She had fractured pelvic and sacrum and there was fracture of ribs with paralysis from waist down. She was hospitalized in India and finally was sent to Z of I [Zone of the Interior-United States]. Never in a cast and for first 2 months no treatments except massage and P. T. [physiotherapy]. Admitted to Halloran General Hospital on October 25, 1945 and after about 2 weeks she went out for 60 days. She returned to hospital for further observation and treatment.

"Physical examination: Height 63 inches, normal weight 122, present weight 122. Bones and joints: Some limitation of motion in all directions in both knees and both ankles and both hips. Nervous sustem: Sacral hypesthesia distribution. Shooting pain down back of legs more pronounced on left side at present. Superficial tactile and heat and cold sensation on strip down posterior aspect of both legs. Absence of sensation on right more pronounced than left.

"Consultation: Opinion of consultant: This patient was injured May 27, 1945, and had a severe transverse fracture of the sacrum involving primarily the second sacrum segment and she still has a considerable deformity at this point with a marked angulation at this level. She undoubtedly sustained a severe contusion to the sacral nerves. She has improved markedly since injury and at the present

time shows weakness in both legs a little more marked on the right than the left. Atrophy of the intrinsic muscles of the feet. All other muscle functions are present, but weakened. It is only recently that she has been able to walk without swaying considerably. Knee jerks are equal and active, both ankle jerks are absent. There is sensory changes on the right beginning with the sural nerves, involving primarily the first, second, and third sacral nerves and on the left primarily the second and third sacral nerves, and a muscle weakness as described above. She has a continued ache when standing or sitting over the sacrum, but this is relieved on lying down. It is my opinion that considering the severity and nature of the injury that she has made excellent progress to date and I would expect her to continue to improve for at least another year and one-half. In view of this improvement I see no indication for surgical treatment and recommend that she continue with remedial gym and occupational therapy. She is certainly not able at the present time to return to any type of work and I doubt if she will be for at least 3 or 4 months.'

"Progress notes: Admission note January 10, 1946. This 27-year-old Red Cross worker was hospitalized from May 27, 1945, at a SH [station hospital] in India and then One Hundred and Forty-second GH [general hospital]. She had been injured in a truck accident and subsequently had no feeling from waist down, had broken ribs, pelvis, lumbar spine, and sacrum. She finally was evacuated to ZI arriving Halloran General Hospital October 25, 1945. She was here until November 5, 1945, when she left for 60 days and is now back.

"She has immensely improved in that time in walking, going up and down stairs, return of feeling for heat on right side. Shooting pains are returning on left sidesame as she had some time ago on right side. Old chart has been sent for. January 21, 1946. Patient is to be seen by orthopedic surgeons for possible

clearance.

"Radiologic record: January 26, 1946. Pelvis: There is an old well-united fracture of the inferior ramus of the left pubic bone. There is no deformity in the resultant union. There is an old fracture involving the first sacral segment with a marked exaggeration of the lordotic curve in the region of the sacrum. The fracture line is transverse through the entire width of the sacrum.

"Final diagnosis: Fractures of ileum, sacrum and transverse processes of L5 and L4 left simple, sustained when patient was thrown from an Army truck on May 27, 1945 at Dhudkhundi, Bengal, India."

The pertinent portions of the final summary of her case made at the Halloran General Hospital at the time of her discharge read as follows:

"On PT (physiotherapy) and OT (occupational therapy) she made slow progress. She was given remedial gym for a while but she was unable to tolerate that much activity. On October 21, 1946, neurological findings were: absent ankle jerks, marked sensory loss involving the first, second, third, fourth, and fifth sacral nerves on both left and right; marked atrophy and no demonstrable motor function of the intrinsic muscles of the feet; slight flexion deformities of the metacarpalphalangeal and interphalangeal joints of the right foot and to a lesser degree on the left; motor function of both legs fairly good but weakness of the medial heads of the gastrocs on both sides; marked loss of position sense in the feet. The chief of the neurosurgical section felt that her progress in the future will be slow and limited, and that she would not be able to do any kind of work for at least another year because of her difficulty with ambulation and the difficulty with control of the bowels and bladder. She is unable to wear regular shoes because the tops of the toes rub against the top of the shoes. It is recommended that she continue PT and OT but this can be done at home and further hospitalization is not necessary. She is therefore discharged from the hospital to continue PT at home under civilian supervision."

On March 12, 1947, Miss Schiek was examined by Dr. Harry P. Maxwell, 208 East Wisconsin Avenue, Milwaukee, Wis., apparently at the request of the American Red Cross. Concerning his examination Dr. Maxwell stated:

"Examination revealed the patient to be of small stature, but well developed and well nourished. Her blood pressure was 120/70. The eye grounds are normal; visual fields are full; pupils are round, regular, and react to light and in accommodation; corneal reflexes are active; extra ocular movements are normal; no facial paralysis; muscles of mastication are normal; palate moves normally in phonation; tongue protrudes in the midline; gross hearing is normal. Heart and lungs are normal. Examination of the abdomen was negative; abdominal reflexes were equal and active. Ankle jerks and knee flexor reflexes are absent; knee jerks are slighly hyperactive; there were no Babinski signs. There is moderate atrophy of the buttocks and calves. There is loss to pin prick from S1 to $5 on

MARY THOMAS SCHIEK

The sensory loss on

the right, except over the superior half of the right buttocks.
There is tenderness over the superior one-
the left is complete from S1 to $5.
Coordination and tandem
third of the sacrum without referred pain. There is moderate weakness of move-
Vibration sense is intact.
ment at the ankles and toes.
walking is fairly well performed.
"Impression: Neuropathy of cauda equina due to trauma with progressive

recovery.

"Recommendations: Although this patient is far from well at the present time,
she has made remarkable progress and is able to walk by herself. I believe that
further formal physical therapty is not necessary as the patient carries out active
exercises herself. If she were supplied with a bicycle for constant use during the
summer months, she will be offered the best possible chance to capitalize on and
add to the usefulness of her limbs."

In November 1947 Miss Schiek was examined by Dr. Wasserman, the physician
who, while in the Army Medical Corps, had attended her at the One Hundred and
Forty-second General Hospital in Calcutta. Concerning her condition Dr.
Wasserman, in a report dated November 13, 1947, stated:

It was quite evident that walking "There has certainly been improvement since I last saw you in India in 1945. However, there is still much to be desired. was still a chore and a cane was necessary for anything more than just a few steps A walk of a block or two was enough to exhaust you so that a about the house. It was obvious that you slid off the average chair unless rest was necessary. your feet were supported or your legs wrapped about the legs of the chair. I was impressed by the fact that you wore nothing but soft house slippers and softThis was necessary because the ordinary leather slipper soled ballet slippers. irritated the tops of your toes because of your inability to move them normally. "Because of the extra strain on the normal muscles and the weakness of the involved ones it was impossible for you to sit or lie in any one position for more than relatively short periods of time without developing aches and becoming tired.

"One of the most noticeable inconveniences was your inability to properly The fact that you must spend most of control the passage of urine and feces. the morning seeing that these functions are under control, so that no involuntary loss of urine occurs, is to say the least, confining and most distressing. It is true that you "An enumeration of these inconveniences and handicaps makes it quite evident that you are unable to carry on an average daily existence. have adjusted your life to attempt to minimize these difficulties. The limitations Your ability to accept a business position is impossible. Your are still great. chances of being self-supporting are diminished materially and must depend upon what you can do in the confines of your home as an individual and under comfortable conditions. In addition your social endeavors are materially restricted as to time and place.

"Your efforts in exercise and physical therapy have improved your condition in the past 2 years and I am sure you will continue to try to better it even more. Nevertheless, some of these restrictions will remain and your future life will undoubtedly have to be regulated by these handicaps. I hope that they will not be too great."

During 1946 Miss Schiek submitted a claim to the War Department (now Department of the Army) for damages in the amount of $100,000 for the personal injuries sustained by her in this accident and the alleged improper treatment and lack of treatment accorded to her in the Army hospitals.

Her attorney was

advised that the act of July 3, 1943 (57 Stat. 372; 31 U. S. C. 223b), as amended, the only statute available to the Department of the Army for the consideration of a claim of this nature, limits the amount which may be approved and paid administratively to $1,000 and also limits administrative awards on account of personal injury to reasonable medical and hospital expenses actually incurred, "except that no payment shall be made to any claimant in reimbursement for medical or hospital services furnished at the expense of the United States"; and that, therefore, the Department could not take administrative action on Miss Schiek's claim."

Prior to volunteerAt the time of this accident Miss Schiek was 27 years of age. ing for service in the American Red Cross she had been employed as an advertising copy writer and her former employer has stated that had it not been for her physical condition she would have been reemployed at a salary of approximately $40 per week.

Apert from any consideration of the question as to the medical treatment which Miss Schiek received at the Three Hundred and Seventy-second Station Hospital