Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-04-28
Widow Seeks Full
Compensation for
Death Of Husband

a nearing was nelQ TUESDAY lore
noon at the municipal court room
before Arthur L. Thayer of Augusta,
chairman of the industrial accident
commission, in the case of Mrs. Jo-
seph Dulac of Fairfield, who asks
of the Proctor & Bowie Company of
Winslow, full compensation under
the employers liability act for the
loss of her husband who died after
an operation following an injury
which was received at the shop of
that firm. Full compensation would
amount to SIS a week for the period
of 300 weeks Mrs. Dulac was rep
resented by Carroll n. Perkins and
Fred w. Clair while j. Frank Scan
nell and Leroy L. Hight of Boston
represented Proctor & Bowie and
the Federal Mutual Liability 1nsur-
ance Company.
The case is a peculiar one and
presents unusual difficulties, which
was brought out in the testimony OF
DIR. l.. p. Fish, who performed the
operation, assisted by DR.. E. w
Boyer of this city and DR.. William
II. NTOuSSc VI L all ilClu. hC HiSlol y
of the case as told by DR.. Fish
showed that Mr.. Dulac was injured
twice within a period of two and a
half or three weeks between both
injuries being sustained in the act
of lifting heavy machinery in the
employ of Proctor & Bowie. 1t was
also shown that Mr.. Dulac had sus-
tai CT, ini 10 tx
previous and before he entered the
employ of Proctor & Bowie, which
apparently disappeared by rest and
he considered himself cured.
DIR. Fish testified that he was en-
ployed by Henry Holland, agent for
the above Liability Insurance Com
pany to operate on Mr.. Dulac for
epigastric hernia but previous to the
operation, Mr.. Dulac in I lk with
DR.. Fish requested the latter to also
operate at the same time for an in
guinal hernia, with which he was
afflicted and which had existed for
about three years. DR.. Fish told his
patient that if at the end Of the; first
operation, he found him in a condi-
ton to warrant, he would operate
for inguinal hernia.
The operation for cpigastric her
MIA, which was done at the solicita =
ton of the Liability Insurance Com =
pany occupied about 80 minutes and
as the patient was pronounced in
good condition at the end of that
time, the operation was continued to
include the case of inguinal hernia
Tits was found to be serious case
with many adhesions and occupied
about so or 60 minutes. DR.. Fish
explained that the length of time
consumed in an operation had much
10 do with the magnitude of the OPP
Grafton. He stated that the patient
died of post operative surgical
shock, which is a condition where
the patients resisting powers are
unable TO stand up against the oper-
alton.
A fine point to determine was
whether Mr.. Dulac would have sur
vived the first operation had not the
second one been performed. DR.. Fish
said this was hard question to
answer, when asked his opinion, but
that person could stand 80 min
utes operation better than one of an
hour and half but that both op-
crations contributed to the surgical
shock. The last one took more time
and naturally contributed to the
gravity of the situation. He explain
ed that he thought the whole thine
should be considered one operation
as it had been done under one anes-
thetic but that had he stopped at the
close of the epigastric hernia opera
ten, the chances of the patient liv-
ing would have been better. 9.
DR.. Fish also explained that under
the circumstances he would not have
changed the order of the operations
AS he had been employed by Mr.. Hel-
land first That he would not have
operated for inguinal hernia, had he
not had a talk with Mr. Dulac and
that he would not have expected
serious or fatal effects from the cpl
gastric hernia, and that he couit
&. not state positively that the shock
from the operation for the epigastrit
hernia was the. cause of death.
After hearing the case, Mr.. Thay.
er allowed the parties until the 15tl
of May in which to present theil
briefs Of evidence, following which
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