United States v. Housing Authority of the City of Bremerton, a Public Body Politic and Corporate

The United States instituted this suit in the district court pursuant to the Medical Care Recovery Act, 42 U.S.C. § 2651 . In the suit the United States sought to recover for the value of medical care furnished by it to the infant daughter of an enlisted man in the Navy. The district court, holding that the United States should have sought recovery by intervening in a prior suit brought on behalf of the daughter against the Housing Authority, dismissed the action. It is from this dismissal that the United States appeals, under 28 U.S.C. § 1291 . We reverse.

Carrie Thomas, an 18-month old infant, was severely burned when she opened a hot water faucet in her home. The home was located in a housing project under the control of the Housing Authority of Bremerton, Washington. Because she was the infant daughter of an enlisted man on active duty in the Navy, the United States was required by law to furnish, and did furnish, hospital and medical care to the child. In September, 1963, the daughter, by her father, brought suit against the Housing Authority. The United States, although it had notice of the suit, took no steps to intervene. A jury determined that the accident had been…