78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session J. G. SULLIVAN { REPORT No. 1326 MARCH 31, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. PATTON, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 2470] The Committee on Claims, to whom was referred the bill (H. R. 2470) for the relief of J. G. Sullivan, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Page 1, line 5, strike out the figures "$10,000" insert in lieu thereof the figures "$5,000". Page 1, line 6, strike out "for permanent and total physical disability incident to and" insert in lieu thereof "in full settlement of all claims against the United States for personal injuries". The purpose of the proposed legislation is to appropriate the sum of $5,000 to J. G. Sullivan, of Woodson, Tex., in full settlement of all claims against the United States for personal injuries sustained as the result of the use of sodium arsenite poison on his farm in May 1938. STATEMENT OF FACTS It appears that on May 16, 1938, Mr. J. G. Sullivan went to Woodson, Tex., to secure some grasshopper poison which was being distributed by the United States through the county agent's office. A Mr. Glenn Abraham was in charge of the mixing of the grasshopper poison and this was the solution given to him on that date. Mr. Sullivan states that there were no printed instructions as to the proper handling of this poison at the time he secured it. He also states that the poison was used by him on the same day he received it; that the next day following he returned to the town of Woodson to secure more poison. At that time he had been given a card which had printed instructions warning all users not to distribute this poison by hand. He further states that on the second or third day after he had distributed this poison by hand his fingernails became sore and turned H. Repts., 78-2, vol. 2- -71 black; that about a week or 10 days thereafter, he had diarrhea which continued for approximately 15 days and afterward the joints in various parts of his body started to swell. He went to Dr. I. W. Fires, of Throckmorton, Tex.; Dr. C. A. Turner, Woodson, Tex.; Dr. Cartwright, Breckenridge, Tex., for treatment of his condition. He also had Edwards and Rogers, doctors at Gorman, Tex., to examine him. All of the doctors have informed him that he had arsenic poison. Mr. Sullivan states that since June 1938 his condition has been such that he has been unable to do any kind of work and that he was informed by the doctors who treated him that it was probable that he would never be able to work again. Dr. I. W. Fires, of Throckmorton, Tex., states that from his examination of Mr. Sullivan he has developed a multiple neuritis from arsenic poison. His hands are partially paralyzed, the muscles are shrunken, and the bones of the right arm show numerous necrotic areas. He further states that Mr. Sullivan is totally and permanently disabled and that his condition is a direct result of arsenic poison. Affidavits from other doctors mentioned in this report have made practically the same statement in connection with the cause of the disability incurred by Mr. Sullivan. It is the opinion of your committee that Mr. Sullivan should be compensated in view of the fact that there was negligence on the part of the authorities handling this arsenic poisoning in not giving out instructions as to how to handle it. Your committee recommend that the bill be amended from $10,000 to $5,000. Your committee recommend favorable consideration to the proposed legislation, as amended. Appended hereto is the report of the Department of Agriculture, together with other pertinent evidence. DEPARTMENT OF AGRICULTURE, Hon. DAN R. McGEHEE, Chairman, Committee on Claims, House of Representatives. DEAR MR. MCGEHEE: This is in reply to your letter of April 13, 1943, enclosing copies of bill (H. R. 2470) for the relief of J. G. Sullivan, of Woodson, Tex., in the amount of $10,000 for alleged total and permanent disability suffered as a result of handling grasshopper bait distributed to farmers for application to their own properties in the control of grasshoppers in Throckmorton County, Tex., in May 1938. There is attached, for your information, a full file of reports of investigations conducted by the Department and affidavits submitted by the claimant's attorney, including the enclosures listed in the comprehensive report dated February 13, 1943, by F. L. Stimpson, assistant business manager of the Mormon cricket and grasshopper control office of the Bureau of Entomology and Plant Quarantine, at Denver, Colo., except the issues of the Throckmorton Tribune listed as enclosure 6. In planning the grasshopper control work in question, the Federal Government agreed to furnish a portion of the bait material which the county of Throckmorton obligated itself to transport to mixing stations, one of which was located at Woodson, Tex. It was also agreed that the farmers and growers would contribute a part of the dry bait, consisting of bran or sawdust, and assist in the mixing when they made application for their share of the material. The actual distribution of the finished bait was made by the county agent of Throckmorton County and his assistants. The reports disclosed that Mr. J. G. Sullivan signed receipts for bait on June 6 and June 10, 1938, on a form, the part of which delivered to each recipient contained explicit instructions intended to avoid possible injurious results in its handling if the precautions listed were observed. On the other hand, the receipts in this instance were signed several weeks after the alleged poisoning and Mr. Sullivan claims that the printed instructions were not supplied to him until after his second visit, after he had already spent one day distributing bait, an experience similar to that of several neighboring farmers whose affidavits are attached. It was established, however, that Mr. Sullivan participated in similar cooperative operations in 1937 and should, therefore, have been familiar with the proper and safe method of handling the material. As the Government reports indicate that the mixing and distribution of the grasshopper bait were under the sole supervision of officials of the county of Throckmorton, Tex., this Department recommends that the bill be not passed. The Bureau of the Budget advises that it has no objection to the submission of this report. Sincerely, GROVER B. HILL, Assistant Secretary. STATE OF TEXAS, County of Throckmorton: AFFIDAVIT OF J. G. SULLIVAN Before me, the undersigned authority, a notary public, in and for Throckmorton County, Tex., on this day personally appeared J. Ĝ. Sullivan, who after first being by me duly sworn did depose and say: That in the month of May 1938 he was operating a farm near Woodson, Tex., in Throckmorton County. That on the 16th day of May 1938 he went to Woodson, Tex., to secure some grasshopper poison which was being distributed from the town of Woodson, Tex., by and through the county agent's office. That Glenn Abraham was in charge of the mixing of said grasshopper poison and that same was mixed and given to him on that date. That there was no printed instructions as to the proper handling of this grasshopper poison given to him at the time he secured same from the said Glenn Abraham at Woodson, Tex. That said poison was used by him on the same day that he received it, and same was distributed by hand by him. That the next day following, he returned to the town of Woodson, Tex., to secure more grasshopper poison and at that time he was given a card which had printed instructions on the same warning all users not to distribute this poison by hand. That on the second or third day after he had distributed this poison by hand his fingernails became sore, and turned black. That about a week or 10 days thereafter, he had diarrhea which continued for approximately 15 days and afterward the joints in various parts of his body started to swell. That thereafter he started going to Dr. I. W. Fires, of Throckmorton, Tex.; Dr. C. A. Turner, Woodson, Tex.; and Dr. Cartwright, Breckenridge, Tex., for treatment of his condition, that he has also had Edwards and Rogers, doctors at Gorman, Tex., to examine him. That all of the doctors have informed him that he has arsenic poison. That since June of 1938 his condition has been such that he has been unable to do any kind of work since that time. And he has been informed by the doctors that have treated him, that it was probable that he would never be able to work again. J. G. SULLIVAN. Subscribed and sworn to before me this 2d day of December, A. D. 1941, to certify which witness my hand and seal of office. [SEAL] STATE OF TEXAS, County of Throckmorton: J. H. BANKS, Notary Public in and for Throckmorton County, Tex. Before me, the undersigned authority, notary public in and for Throckmorton County, Tex., on this day personally appeared J. G. Sullivan, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me, that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 2d day of December 1941. [SEAL] STATE OF TEXAS, J. H. BANKS, Notary Public in and for Throckmorton County, Tex. AFFIDAVIT OF DR. I. W. FIRES County of Throckmorton: Before me, the undersigned authority, a notary public in and for Throckmorton County, Tex., on this day personally appeared Dr. I. W. Fires, who first being by me duly sworn did depose and say: That he is a duly licensed and practicing physician of the State of Texas and has been for the past 20 years. That he resides in Throckmorton County, Tex., and has been for the past 4 years. That he has treated J. G. Sullivan who lives in Woodson, Tex., and has been since June of 1938. That from his examination of the said J. G. Sullivan, he has developed a multiple nuritis from arsenic poison. That his hands are partially paralyzed, the muscles are shrunken, and the bones of the right arm show numerous necrotic areas. That the said J. G. Sullivan is totally and permanently disabled and that in my opinion his condition is a direct result of arsenic poison. I. W. FIRES, M. D. Sworn to and subscribed before me this 22d day of January 1942. [SEAL] STATE OF TEXAS, J. H. BANKS, Notary Public in and for Throckmorton County, Tex. County of Throckmorton: Before me the undersigned authority, a notary public in and for Throckmorton County, Tex., on this day personally appeared Dr. I. W. Fires, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this 22d day of January 1942. Notary Public in and for Throckmorton County, Tex. STATE OF TEXAS, AFFIDAVIT OF DR. H. H. CARTWRIGHT County of Stephens: Before me the undersigned authority, a notary public in and for Stephens County, Tex., on this day personally appeared Dr. H. H. Cartwright, who, after first being by me duly sworn, did depose and say: That he is a duly licensed and practicing physician of Breckenridge, Stephens County, Tex., and has been for the past 21 years. That during the past 2 years he has seen and examined J. G. Sullivan, of Woodson, Tex., upon several occasions. That from his examination of Mr. Sullivan in his opinion Mr. Sullivan is now totally and permanently disabled from the effects of multiple arthritis. That all joints of his body are involved and that his joints are all enlarged, painful, and movement greatly restricted. That Mr. Sullivan has marked atrophy of muscles of legs and arms. That in his opinion, it is highly probable that Mr. Sullivan developed arsenic poison in June of 1938 by the use of arsenic grasshopper poison without the pro tection of rubber gloves, and at that time his fingers and nails became sore and then pain and swelling soon appeared in his hands and arms. H. H. CARTWRIGHT. Sworn to and subscribed before me this 8th day of January 1942. [SEAL] STATE OF TEXAS, County of Stephens: ONETA HEAIRREN, Notary Public in and for Stephens County, Tex. Before me, the undersigned authority, a notary public in and for Stephens County, Tex., on this day personally appeared Dr. H. H. Cartwright, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged, to be that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this 8th day of January 1942. Notary Public in and for Stephens County, Tex. AFFIDAVIT OF DR. D. V. RODGERS STATE OF TEXAS, County of Eastland: Before me, the undersigned authority, a notary public in and for Eastland County, Tex., on this day personally appeared Dr. D. V. Rodgers, who after first being by me duly sworn did depose and say: That he is a duly licensed and practicing physician of Gorman, Eastland County, Tex., and has been for the past 31⁄2 years. That he has seen and examined J. G. Sullivan, of Woodson, Tex., three times during the past 2 years; that from his examination of Mr. Sullivan his opinion is that Mr. Sullivan is totally and permanently disabled from the effects of multiple arthritis. That practically all joints of his body are involved. That his joints are enlarged, painful, and movement greatly restricted. That arsenic poisoning will cause this type of rheumatism and muscular atrophy. D. V. RODGERS, M. D. Sworn to and subscribed before me this 2d day of January 1942. [SEAL] KATHERINE WEBB, Notary Public in and for Eastland County, Tex. Before me, the undersigned authority, a notary public in and for Eastland County, Tex., on this day personally appeared Dr. D. V. Rodgers, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this 2d day of January 1942. Notary Public in and for Eastland County, Tex. STATE OF TEXAS, County of Throckmorton: AFFIDAVIT OF EARL LEE Before me, the undersigned authority, a notary public in and for Throckmorton County, Tex., on this day personally appeared Earl Lee, who after first being by me duly sworn did depose and say: That in the month of May 1938 he was operating a farm near Woodson, Tex.. in Throckmorton County, Tex., that on or about the 16th day of May 1938 he went to the town of Woodson, Tex., to secure some grasshopper poison which |