Williams v. United States

• Decision Date: 19 April 1955
• Docket Number: No. 7661.,7661.
• Citation: 133 F. Supp. 319
• Parties: Warner WILLIAMS, non compos mentis, who sues by and through his Committee, Myrvin M. L. Williams, Libellant, v. UNITED STATES of America, owner of THE NELSON W. ALDRICH, and Moore McCormack Lines, Incorporated, its agents, in personam, Respondents.
• Court: U.S. District Court — Eastern District of Virginia

133 F. Supp. 319

Warner WILLIAMS, non compos mentis, who sues by and through his Committee, Myrvin M. L. Williams, Libellant, v. UNITED STATES of America, owner of THE NELSON W. ALDRICH, and Moore McCormack Lines, Incorporated, its agents, in personam, Respondents.

No. 7661.

United States District Court E. D. Virginia, Norfolk Division.

April 19, 1955.

Jett, Sykes & Howell, Henry E. Howell, Jr., Norfolk, Va., for libellant.

Hughes, Little & Seawell, Harry E. McCoy, Jr., and Charlos R. Dalton, Jr., Norfolk, Va., for respondents.

HOFFMAN, District Judge.

Libellant, Warner Williams, instituted this proceeding in admiralty, by and through his Committee, seeking damages, maintenance and cure from the respondents, United States of America, as the owner of the steamship Nelson W. Aldrich, and Moore-McCormack Lines, Incorporated, as agents of said vessel under a General Agency Agreement. The action was filed on March 30, 1954, more than two years and four months after libellant left the vessel. On exceptions filed by respondents, District Judge Albert V. Bryan, 133 F.Supp. 317, dismissed the action against Moore-McCormack Lines, and further dismissed the respondent, United States of America, from all claims other than for maintenance, cure, and damages for failure to provide maintenance and cure, arising within two years prior to the institution of the suit. The amended libel, filed by leave of Court, alleges that the United States failed to provide libellant with proper treatment and cure of his mental illness which had its inception aboard the vessel, and that libellant was committed to the Central State Hospital, Petersburg, Virginia, which institution did not fulfill the obligation for maintenance and cure and, in fact, so aggravated libellant's condition as to justify an award of damages arising within the two-year period prior to the institution of this suit.

Williams, a young Negro twenty-eight years of age, was one of twelve (or thirteen)¹ children born in a rural area near Williamston, North Carolina. All of the evidence points to a normal family with no indications of insanity as to any other member. The testimony conclusively shows that libellant was normal in every respect when he signed on the vessel on or about September 17, 1951, as a "food handler" (Messman F. H.). Libellant was examined by Dr. Thomas M. Vorbrinck and passed as physically fit for duty on September 27, 1951. The vessel sailed for France and no unusual or peculiar actions on the part of libellant were noted on the voyage to Europe or during the brief stay in France. In fact, until the vessel was approximately one week out on its return voyage nothing unusual was observed by any of the crew members. At that time libellant obviously became afflicted with a mental ailment, the details of which are not pertinent, but which were known by the entire crew and the Master of the vessel. Upon arrival at Quarantine, a physician came aboard and examined the crew, but no report was apparently made as to libellant's mental condition. While the dates are not essentially pertinent, it appears that the vessel dropped anchor in the harbor of Hampton Roads late one Saturday; that one crew member secured from the Captain the address of libellant's family, went ashore, and caused libellant's father to be notified of his condition; that orders were posted not to permit libellant to leave ship and, on one occasion, libellant created a scene in an effort to board a launch taking crew members ashore; that the Captain left the vessel on Saturday night and was not seen thereafter until the crew (excepting libellant) were paid off by the Shipping Commissioner the following Monday at 11 A. M.; that libellant was aboard on Sunday morning and, while the evidence does not so disclose, was apparently successful in getting aboard a launch on that day; that libellant was taken in custody on Sunday at Newport News by local authorities and placed in the Newport News jail, the details of which were not revealed.

Allen Williams, libellant's father, arrived in Newport News on the Sunday night in question, but it was too late for him to see his son. He returned again on Tuesday but was told that he couldn't see libellant. The following Saturday he again made the trip from Williamston to Newport News and, while he indicated that he could not recall having seen his son on this occasion, he apparently signed the necessary papers to cause a hearing to be had on his son's mental condition. In any event, the father was then advised that libellant would be sent to an institution at Williamsburg or "some other place". The following week the lunacy commission regularly committed libellant, pursuant to the laws of the State of Virginia, to the Central State Hospital at Petersburg, Virginia — the only public or private institution available to Negro mental patients in Virginia. The evidence shows that, while libellant is the father of a young son living in North Carolina, libellant was a resident of Virginia for at least eight years before signing on the vessel, and hence Virginia is the proper state to have cared for him as a public charge.

For the purpose of this proceeding, the testimony clearly points to a complete abandonment of libellant by the shipowner after libellant went aboard the launch in the harbor. The respondent, United States of America, admits that it has done nothing since that date an insists that its duties are at an end. In answer to an interrogatory respondent states that it first learned of libellant's confinement at Central State Hospital during the latter part of March, 1952.

This brings us to a discussion of the tragic story of facilities for treating mental patients in Virginia. Undoubtedly this Commonwealth is not alone in its neglect of proper treatment for those unfortunates traversing the valley of mental darkness. It is rather apparent to this Court that the science of medicine has outgrown the vast majority of states, and legislators have been unable to grasp the true situation by keeping abreast of the times. With the ever increasing population and the mental breakdowns caused, in a large measure, by the stress and strain of two World Wars, the 312 public institutions throughout our nation are unable to house — much less treat — the numbers seeking admission. It must be remembered that, before the more recent developments in the medical field, mental patients were sent to these institutions for the purpose of "existing" until God took them to their final resting places. It was largely a matter of attending to their physical needs with no thought of curative treatment. Only those families who were financially fortunate to afford the high costs of private mental hospitals could effectively substitute "hope" for "despair"².

From time immemorial the obligation to care for those mentally afflicted has been recognized as a public duty — one primarily resting upon the individual states. With the advent of electronic therapy, generally referred to as "shock treatments", patients were frequently discharged as "cured", while others reached a stage of "remission" which, while far from a complete cure, afforded the mentally ill an opportunity to mix again with the public and generally earn a sufficient sum to maintain themselves in life. Insulin inoculations inducing a twilight sleep were also discovered as a remedy for treating certain types of cases. More recently surgeons have developed an operation referred to as a lobotomy which, in effect, is a process of lifting sections of the skull and cutting into the brain; all of which results in a curtailment of the patient's emotional and physical reactions. In addition, since the argument in this case, the Court has noted an interesting article appearing in Time magazine (March 7, 1955) involving the use of new drugs referred to as chlorpromazine and reserpine which have been very effective in certain types of schizophrenia cases. The following comment from this article is interesting:

"In the U. S., 300,000 schizophrenics fill about half the mental hospital beds, and after a stay of two years or so, their chances of being discharged have been slim indeed. The new drugs have already begun to change this".

The field of psychiatry is entitled to great credit in the developments thus far attained. While it is true that little can be done for some other than to provide for basic comforts, yet, with others, it is possible to stimulate interest in activities through a highly developed program of occupational therapy deemed essential to proper and adequate treatment. The psychiatric field is beset by shortages of trained personnel and lack of funds. Unless and until the governing bodies recognize the need of paying salaries sufficient to induce young men and women to enter this profession, as well as to compete with private institutions on a like basis, the problem will never be solved from a public standpoint. It is interesting to note that the United States Government pays $7 per day per patient to state institutions in Virginia for the care of mental patients on a temporary basis, whereas, in the instant case, Central State Hospital expends $1.94 per day per patient.

At the time of libellant's admission to the Central State Hospital his condition was diagnosed (November 27, 1954) as manic depressive psychosis. A subsequent diagnosis by a psychiatrist indicated a chronic undifferentiated schizophrenia reaction. All experts admit that, while there is no certain hope of cure or remission, there is an expectation of ninety per cent chances of improvement to the remission stage if patients are given proper and adequate psychiatric treatment within the first year following admission. All experts admit that the symptoms in the present case pointed to a diagnosis of schizophrenia, although they also state that a manic depressive psychosis could develop into a condition of schizophrenia. These same experts...