MARCH 28 (legislative day, MARCH 18), 1949.-Ordered to be printed Mr. MCCARRAN, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 2708] The Committee on the Judiciary, to whom was referred the bill (H. R. 2708) for the relief of the legal guardian of Joseph DeSouza, Jr., having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to pay the sum of $15,000 to the legal guardian of Joseph DeSouza, of El Monte, Calif., in full settlement of all claims against the United States for personal injuries, hospital and medical expenses, and future medical expenses sustained as a result of an accident involving a United States Army airplane on Dillingham Boulevard, Honolulu, T. H., on June 8, 1944. STATEMENT On June 8, 1944, two Army airplanes on an official mission collided and crashed while flying over Honolulu, T. H. One of the planes crashed on Dillingham Boulevard, causing a fire as a result of which a number of civilians were killed or injured. One of the persons who sustained personal injuries was Joseph DeSouza, Jr. (his mother and sister being killed at the same time), a 14-year-old boy. The young boy was in his back yard at 1926 Dillingham Boulevard at the time of the crash and sustained severe burns. He was rushed to a hospital where he remained until September 9, 1944. Your committee notes that the Secretary of the Army in a letter dated November 5, 1947, admitted liability on the part of the Army for the injuries suffered by this boy, but at the same time expressed a view that the amount awarded should only be $2,500. After carefully studying the statements contained in House Report 157, Eighty 88617-49 first Congress, first session, the committee believes the amount. awarded ($15,000) is fair and reasonable. Attached hereto and made a part of this report are extracts from the House report which indicate the extent of injuries sustained by this claimant. Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, DEPARTMENT OF THE ARMY, Washington, D. C., November 5, 1947. House of Representatives. DEAR MR. MICHENER: The Department of the Army would have no objection to the enactment of H. R. 2433, Eightieth Congress, a bill for the relief of the legal guardian of Joseph DeSouza, Jr., if it should be amended as hereinafter recommended. This bill would authorize and direct the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, the sum of $15,000, to the legal guardian of Joseph DeSouza, Jr., of 630 Enloe Street, El Monte, Calif., formerly of Honolulu, T. H., in full settlement of all claims against the United States for personal injuries and medical and hospital expenses incident thereto, sustained as the result of an accident involving a United States Army airplane on Billingham [Dillingham] Boulevard, Honolulu, T. H., on June 8, 1944. On June 8, 1944, at about 10:30 a. m., two Army airplanes on an official mission collided and crashed while flying over Honolulu. One of the planes crashed in the 1900 block on Dillingham Boulevard, causing a fire as a result of which a number of civilians were killed or injured. One of the persons who sustained personal injuries was Joseph DeSouza, Jr., the 14-year-old son of Mr. Joseph DeSouza, Sr. Young DeSouza was in the back yard of 1926 Dillingham Boulevard at the time of the crash and he sustained severe burns. He was rushed to the Tripler General Hospital, an Army hospital, where he remained until September 9, 1944. A communication from that hospital, dated September 15, 1944, states as follows: "Joseph DeSouza, a 14-year-old civilian, was admitted to Tripler General Hospital on June 8, 1944, suffering from severe burns, the result of flaming gasoline. The burns involved approximately 30 percent of his body surface, namely, the face, neck, ears, back, and extensor surfaces of both upper extremities. He was admitted in a state of shock. Plasma and morphine were administered in adequate amounts and when his condition improved the burned areas were debrided and vaseline gauze pressure dressings were applied. Further treatment consisted in the administration of plasma and sulfadiazene as indicated. The dressings were changed infrequently at first, later on as necessary. "The first few days were rather hectic because of the extent of the burn, but soon the temperature returned to normal, the urine output increased and his general condition improved. Pinch grafts were applied to the left forearm on August 4, 1944, and on August 25, 1944, pinch grafts were applied to the back. These grafts have taken very well. "He was discharged from the hospital on September 9, 1944, and is returning at intervals for observation and physiotherapy to the left elbow. He was last seen on September 14, 1944, and the following observations were made: There are several rather thick, heavy scars located on the dorsum of the right hand, dorsum of the left hand, and left side of face. The motion in the left elbow is improving. There is no limitation of motion in any of the joints. This patient has made a fine recovery from extensive burns. Because of cosmetic reasons, plastic surgery on the dorsums of the hands and the left side of the face may be contemplated at some future date. "It is the opinion of the medical officer who treated this case, that there is not likely to be any partial or total permanent functional disability as a result of the burns." At the time of his injuries Joseph DeSouza, Jr., had just completed the eighth grade at the Kalakaua Intermediate School. He had regularly attended school since reaching school age and had never been employed. In or about January 1945 he returned to school. That he has the full use of his hands is attested by the fact that he is studying the touch system of typing. The records of this Department show that hospital expenses in the amount of $145.62 were incurred as a result of the injuries sustained by Joseph DeSouza, Jr., in this crash. On October 3, 1944, Mr. Joseph DeSouza, Sr., filed a claim with the War Department, one item of which pertained to the hospital expenses in the above amount incurred by him ($145.62) for the treatment of his son, Joseph DeSouza, Jr., as a result of this accident. This item was allowed in full and funds for the payment thereof were included in the First Deficiency Appropriation Act of 1946 (Public Law 269, 79th Cong.; S. Doc. No. 107, 79th Cong., pp. 6-7). On October 3, 1944, Mr. Joseph DeSouza, Sr., also filed a claim as father and next friend of "Joe DeSouza" in the amount of $10,000 for the personal injuries sustained by his son. This claim was disapproved by the War Department on June 22, 1945, for the reason that there was no statute available to the Department under which a claim for personal injuries as such might be paid administratively. The evidence establishes that this accident and the personal injuries sustained by Joseph DeSouza, Jr., resulted from noncombat activities of the Army. Reasonable compensation, therefore, should be provided for his benefit. Inasmuch as Mr. Joseph DeSouza, Sr., has been fully reimbursed for the hospital expenses which he incurred for the treatment of his son, it is believed that an award of $2,500 would constitute a fair and reasonable settlement for the personal injuries sustained by Joseph DeSouza, Jr. Accordingly, this Department would have no objection to the enactment of H. R. 2433 if it should be amended to provide for an award to the legal guardian of Joseph DeSouza, Jr., in the amount of $2,500. If this bill is favorably considered by the Congress the word "Billingham," on line 11, p. 1, of the bill, should be changed to "Dillingham." The claimant has no remedy under the provisions of the Federal Tort Claims Act (60 Stat. 842; 28 U. S. C. 921), for the reason that the accident out of which the claim arises occurred prior to January 1, 1945. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, KENNETH C. ROYALL, To Whom It May Concern: EL MONTE, CALIF., November 16, 1946. I, Dr. Howard E. Hart, M. D., have just seen Mr. Joseph DeSouza, Jr., who was severely burned on June 8, 1944, when two Army bombers crashed over their home in the Hawaiian Islands, killed one sister and his mother, and, as already stated, burned the boy severely. However, I have been asked to estimate the approximate cost which would be incurred in the operations, hospital expenses, and building up of the boy's physical condition. To obtain a 75-percent or better result on the DeSouza case by transplantation, and repairing second- and third-degree burns scattered over the boy's face, back, arms, and neck, according to my estimation, about 35 operations will be required at the cost per operation: Hoping this will be given your consideration, for this young boy is just starting in the world and I think should be given a chance without having to feel inferior because of the terrible scars that resulted. Very sincerely yours, HOWARD E. HART, M. D. TESTIMONY OF JOSEPH DESouza, Sr. Joseph DeSouza, the claimant, a witness in his own behalf, being duly sworn, testified as follows: The CHAIRMAN. Will you give your name and address to the reporter? The CHAIRMAN. Your claim is for compensation as a result of the death of your wife, Agnes, age 35; and your daughter, Mildred, age 16. The WITNESS. Yes, sir. The CHAIRMAN. Has the War Department approved your claim for burial expenses? The WITNESS. Burial expenses and property. The CHAIRMAN. And property damage? How much property damage did they approve? The references here are the same initials and 65750-S; burial expenses in the amount of $1,015, medical expenses for your son-what is your son's name? The WITNESs. Joseph DeSouza. The CHAIRMAN. Is he here with you? The WITNESS. Yes. The CHAIRMAN. Medical expenses of $145.62; and property damage in the sum of $2,044.50. Is that sum of $2,044.50 the amount you claim to be your property dama c? The WITNESS. Yes, sir. The CHAIRMAN. You are not claiming before this committee that that amount should be higher? The WITNESS. No, sir; that's the claim I put in. The CHAIRMAN. You understand that if you sign that, it would not prevent your receiving compensation for the death of your wife and of your daughter? The WITNESS. Yes, sir. The CHAIRMAN. Mr. DeSouza, tell me of what does your family now consist? The WITNESS. One daughter and one son. The CHAIRMAN. How old? The WITNESS. My daughter is 19. The CHAIRMAN. And the son? The WITNESS. Fifteen. I also put a claim for my son [showing a letter]. The CHAIRMAN. Your son Joseph? Congressman COLE. Is this the son [indicating]? The WITNESS. Yes, sir. The CHAIRMAN. What are you claiming for your son Joseph? The WITNESS. Well, they advised me to put $10,000. The CHAIRMAN. For the whole thing? The WITNESS. Yes. The CHAIRMAN. Well, how is that made up? The WITNESS. I don't quite get what you mean, sir. The CHAIRMAN. Well, you want your Government to pay you $10,000 for the death of your wife? The WITNESS. No; that's a separate claim, sir. The CHAIRMAN. It's not included in this bill? Congressman COLE. Did you advise Mr. Farrington about the boy's claim? The WITNESS. Yes. The CHAIRMAN. How old are you, young man? JOSEPH DESOUZA. Fifteen. The CHAIRMAN. How long were you in the hospital? JOSEPH DESOUZA. Three months. [Removes coat, showing scars on back.] The CHAIRMAN. Are they grafting that? The WITNESS. Well, I asked for that, to have it fixed. The doctor told me, who attended, told me that it could be fixed. The War Department refused, according to this. The CHAIRMAN. Well, they have no authority. Congressman COLE. It isn't a refusal on their part. They have no authority to do it. The only way it can be done is through a committee of this sort. Mr. LEE. This bill will be amended to take care of that. Congressman STIGLER. How much were the medical expenses? The CHAIRMAN. $145. The WITNESS. He was in the Army hospital. Congressman STIGLER. How much are you asking? The WITNESS. I asked for $10,000. They told me it's pretty expensive to fix a case like this. The CHAIRMAN. Has your physician given you notice The WITNESS. The doctor that attended him is away. He was an Army doctor. He was Colonel Eisenstein, and the hospital is closed now. |