SCHIAVO Q&A

Terri Schiavo's case has mixed emotion and medical science into a sometimes incomprehensible blend. Here, according to medical experts, are answers to common questions:

A: On Feb. 25, 1990, at age 27, she suffered cardiac arrest as a result of a potassium imbalance. Court-appointed doctors have found her to be severely brain-damaged because oxygen was cut off from her brain. The doctors say she is in a persistent vegetative state that offers no hope of recovery.

A: A coma is a profound or deep state of unconsciousness. The patient is alive but unable to react or respond to things going on around around her. People have awakened from comas and gone on with their lives. In a coma, the patient looks asleep and is unresponsive.

A persistent vegetative state, which sometimes follows a coma, is a condition in which someone has lost awareness of the world around her but remains in a sleep-wake cycle. The individual loses the higher cerebral powers of the brain, but the functions of the brain stem, such as respiration (breathing) and blood circulation, remain relatively intact. In this state, the patient may look as if he or she is awake.

A: Her parents say she is aware of what's going on around her and reacts to her surroundings and to people who talk to her. But experts say it is extremely common for someone in a persistent vegetative state to look alert, as if she knows what's going on. Medical experts say Schiavo exhibits extremely primitive reflexes, nothing more. For example, she might turn or jerk in response to a loud noise. These are primitive functions directed by the small part of the brain that is still intact.

Spontaneous movements may happen and the eyes may open in a response to external stimuli, but the patient does not speak or obey commands. Patients in a vegetative state may appear somewhat normal. They may occasionally grimace, cry or laugh. The court has found that Schiavo does not consistently respond to stimuli. Doctors say her actions are reflexes, not a consciously directed effort by the brain's cortex.

A: There's no way to tell for sure what will happen, but the kidneys might be the first to react. In such cases, urine output decreases and patients begin to stop secreting fluids. The mouth begins to look dry and the eyes appear sunken. Patients will look thinner because the body tissues have lost fluid. The heart rate gradually goes up and blood pressure goes down. That leads to breathing changes that culminate in the rest of the body shutting down. Depending on how strong she is, she might take two to three weeks to die.

A: In a vegetative state, medical experts believe the higher cortical functions — those brain functions that allow us to experience the world around us — have been suspended. The patient is, in effect, unconscious. It would be difficult to know if she experienced any discomfort, doctors say, because no one can talk with her. Because the more primitive functions remain, the body would try to maintain life, so there may be some grimacing or other apparent reaction to what's happening. If she seems uncomfortable, doctors can give medicines to relieve pain and relax her. Doctors say she should not experience pain as we experience it. Usually, there are no signs of a change except a gentle and quiet transition from breathing to non-breathing. Doctors who have witnessed the procedure in other patients call it a dignified death.

A: If it's replaced within the first few days — as it has been done before with Schiavo — a patient can recover from dehydration. If the tube is replaced after two or three weeks, she likely would still die. Replacing the tube doesn't always lead to recovery.

1990

Feb - Terri Collapses in her home

May - Terri discharged from Humana Hospital in St Petersburg, Florida.

Dec - Terri taken to California for experimental implant

1991

Feb - Terri moved to home with husband.

Jan - Terri moved to Bradenton Mediplex Rehabilitation Center.

Apr - Terri's condition is assessed as improving.

Apr - Terri's husband advised to move her to Gainesville Rehabilitation Center to receive advanced therapy to continue Terri's recovery.

Jul - Terri moved to Sable Palms Nursing Home.

1992

Aug - Terri awarded $250,000 in malpractice settlement.

Nov - Terri awarded $1.4 million in malpractice trial.

Nov - Michael Schiavo awarded $600,000 in malpractice trial.

1993

Feb - Michael Schiavo denies recommended rehabilitation treatment.

Feb - Schiavo and Terri's parents have falling out regarding lack of therapy for Terri.

Feb - Schiavo withholds medical information from Terri's parents.

Feb - Schiavo posts Do not Resuscitate order in Terri's medical chart.

Jun - Schiavo threatens Schindler family with lawsuit.

Aug - Schiavo orders medical staff not to treat Terri for potentially fatal infection.

Sep - Bob and Mary Schindler petition courts to remove Schiavo as Terri's guardian.

Nov - Schiavo admits in deposition that he knew withholding treatment of infection could result in Terri's death.

1994

Feb - Judge Penick dismisses guardianship suit.

Apr - Terri moved to Palm Gardens Nursing Home.

1995

Sep - Schiavo orders Palm Gardens not to treat Terri for potentially fatal infection.

1996

Jun - Terri's parents obtain court order for access to Terri's medical records.

1997

May - Judge Shames approves Schiavo action to remove Terri's nutrition and hydration.

Jul - Schiavo's engagement to Jodi Centonze announced.

Aug - Attorney Felos's letter notifying Terri's parents of action to remove Terri's nutrition and hydration.

1998

Jun - Guardian ad Litem appointed by court to investigate Terri's case.

Oct - Schiavo offers to donate Terri's inheritance to charity if family agrees to allow removal of her hydration and nutrition.

Dec - Guardian ad Litem recommends the court not approve Schiavo's petition.

1999

Feb - Attorney George Felos files bias charges against Guardian ad Litem.

Jun - Guardian ad Litem dismissed by the court.

2000

Jan - Judge Greer Conducts Terri’s Feeding Tube Removal Trial.

Feb - Greer Rules to Remove Nutrition Feeding Tube.

Feb – Affidavits filed by 3 doctors state Terri can swallow and is not PVS.

Feb - Greer denies petition to allow Terri swallowing tests.

Apr - Terri Moved from Palm Gardens Nursing Home to Hospice Facility.

Apr - Greer denies motion to return Terri to Palm Garden Nursing home.

Apr - Greer imposes restricted visitor list for Terri.

Jul - Appeal filed with Appellate Court to overturn Greer’s verdict.

Nov - Appellate Court Conducts Oral Arguments.

2001

Jan 25 - The appellate court upholds Judge Greer’s ruling to remove Terri's feeding..

Feb. 8 - Motion for an Appellate Court rehearing or clarification - Denied.

Mar 12 - Schiavo petitions to remove Terri’s feeding immediately.

Mar 23 - Florida Supreme Court denies motion with the to review Terri's case.

Mar 22 - Appellate Court issued a 30 day execution stay.

Mar 29 - Judge Greer moves up feeding removal date to April 20, 2001.

Apr 1 - The Appellate Court denies extending Terri's stay of execution.

Apr 12 - Attorney Anderson files motion disqualify Judge Greer.

Apr 16 - Judge Greer denies disqualification motion.

Apr 18 - The Florida Supreme Court refuses to hear Terri’s case & denies Stay.

Apr 19 - The Federal Court claimed the issue was beyond that court's jurisdiction.

Apr 23 - The US Supreme Court refused to hear Terri’s case.

Apr 24 - Terri Feeding was terminated.

Apr 25 - Schiavo bans Terri brother and sister from visiting Terri.

Apr 25 - Schiavo ex girlfriend (Cyndi) reveals Schiavo lied about Terri’s death wishes.

Apr 26 - Judge Greer refuses to hear new evidence about Schiavo’s lying.

Apr 26 - New evidence compels Civil court Judge Quesada to resume Terri's feeding.

Apr 30 - Schiavo files an emergency motion to have Terri's nutritional feeding stopped.

May 7 - Affidavit filed by Dr. Hammesfahr (neurology) states Terri is not in a PVS.

May 7 - Schiavo charged in the Civil Court with fraud.

May 8 - Schiavo ex girlfriend (Cyndi) refuses to testify for fear of Schiavo.

May 9 - The 2nd District Court of Appeals announces "Oral Arguments Hearing" date.

May 11 - Schiavo motion to negate Judge Quesada's order denied.

Jun 1 - Affidavits by five (5) Doctors were filed stating Terri was not in a PVS.

Jun 1 - Schiavo excused from rendering his deposition.

Jun 18 - Schiavo files an affidavit that Terri is in an irreversible vegetative.

Jun 21 - Chief Judge Demers gave Judge George Greer's Court authority to decide whether Terri should have any new medical evaluation or treatment.

Jun 25 - A three-member panel presided at the Appellate Court hearing.

Jul 11 - The Appellate Court ordered Greer court to conduct evidentiary hearings. The court denied Schiavo's attorneys request to order Terri's feeding stopped.

July 23 - Schiavo filed a motion for Judge Greer to immediately stop Terri's feeding.

Aug 7 - Judge Greer totally ignored or rationalized all the evidence presented to him. Orders Terri's feeding stopped on August 28, 2001.

Aug 10 - Attorney Anderson motion to disqualify Judge Greer denied.

Aug 14 - Greer denies request for Conducting Terri Medical Examinations.

Aug 16 - Attorney Anderson files a Notice of Appeal with the 2nd District Appeal Court.

Aug 17 - Judge Greer grants Terri a stay of execution until October 9, 2001.

Aug 20 - Schiavo files with the 2nd District Appeal Court to overrule Judge Greer stay.

Oct 7 - 2nd District Appeal Court orders Terri to be neurological tested.

Oct 23 - Schiavo files a motion to reverse the Appellate Court neurological tests order.

Nov 1 - The 2nd District Court of Appeals denies Schiavo's motion..

Nov 16 - Terri's medical testing plan will be determined before a mediator.

Dec 19 - Attorneys meet with a mediator in an attempt to agree upon the tests .

2002

Jan 18 - Mediated agreement failed, testing is back Greer’s courtroom to be resolved.

Jan 25 - Attorney Anderson petitioned the court for an evidentiary guardianship hearing.

Jan 29 - Judge Greer approved Schiavo's motion to cancel the evidentiary hearing.

Feb 7 - Schiavo files with the Florida Supreme Court to overturn the Appellate Court's October ruling which spared Terri's life.

Mar 14 - The Florida Supreme Court denied Michael Schiavo’s appeal.

Jun 19 - Schiavo objects to the medical and neurological testing.

Jul 1 - Judge Greer conducted a 3+ hr hearing involving three issues:
1. Schiavo’s Plan to Enroll Terri into a Medicaid Program
2 Termination of Schiavo's Attorney Fees
3. Equal Payment for Terri's Examining Doctors

Jul 10 - Court Hearing again was for the purpose of allowing certain medical tests that were requested to evaluate Terri’s true medical and neurological condition.

Jul 12 - Judge Greer ruled -not-to-pay- Terri’s doctors for their professional fees to examine Terri. Notably, in a previous hearing, Judge Greer -approved- payment for Schiavo’s doctors fees.

Jul 22 - Judge Greer approved three of Terri’s desired neurological tests and rejected a dozen other.

Aug 28 - Judge Greer established the dates for Terri's trial.

Oct 2 - Schiavo files petition to prohibit the media from seeing Terri’s recent neurological examination videotapes or airing the video’s to the public after they have been presented to the court as evidence.

Oct 2 - Schiavo petitioned the court to authorize Terri’s cremation.

Oct 11-22 Terri’s trial

Nov15 - Judge Greer conducted a hearing in response to a motion Attorney Anderson filed requesting time to investigate recent evidence suggesting Terri’s heart failure may have been caused by physical abuse.

Nov 22 - Greer orders Terri’s starvation death to begin on Jan 3, 2003.

Dec 9 - Attorney Anderson filed a ‘Notice of Appeal’ to the 2nd District Appellate Court.

Dec 9- Attorney Anderson filed a motion with Judge Greer to ‘stay’ the January 3rd feeding termination date.

Dec 10 - Schiavo filed a motion with Judge Greer to strike attorney Anderson’s motion to ‘stay,’ requesting a court hearing to argue his objection.

Dec 13 - Judge Greer acquiesced to Michael Schiavo’s attorney motion to conduct a hearing, which resulted in a ‘stay’ being granted, pending appellate resolution.

Dec 18 - Schiavo filed a motion with the 2nd District Appellate Court to overturn Judge Greer’s December 13th order.

Dec 23 - The 2nd Appellate Court denied Michael Schiavo’s attorney motion to overturn Judge Greer’s December 13, 2002 ‘stay’ order. Furthermore, the Appellate Court established filing dates and scheduled Appellate oral arguments to take place on April 4, 2003.

2003

Guardian Removal Petition Still Pending…
On November 15, 2002, attorney Anderson filed a petition with Judge Greer to remove Michael Schiavo as Terri’s legal guardian. The petition included a declaration of Adversary Proceedings, charging that Michael Schiavo violated a dozen or more specific Florida Statutes while serving in his capacity as Terri’s legal guardian.

Apr - Appellate Court Hearing.

Jun - Appellate Court Upholds Greer.

Jul - Appellate Court Denies Court Review and Stay.

Jul - Appellate Court grants 30 day stay.

Aug - Terri hospitalized under mysterious conditions, denied visits from her priest.

Sep - Emergency hearing to allow visitation and obtain current medical information.

Sep - Michael Schiavo ordered by court to give discharge summary to Terri's parents.

Sep - Judge Greer scheduled October 15, 2003 for the removal of Terri's sustenance.

Oct - 15 Terri's sustenance removed at Hospice Woodside in Pinellas Park, FL.

Oct - 20 Florida Legislature and Senate meet in special session Terri's bill is introduced.

Oct - 21 Terri's bill approved, signed into law. Governor Bush issues executive orderr.

Oct - 23 Michael Schiavo announces plans to sue Governor Bush and challenge Terri's Law as unconstitutional.

Oct - Dr. Jay Wolfson of Tampa, Florida assigned as independent Guardian ad Litem.

Nov - New Guardianship hearing in Sixth Circuit court.

Nov - Disability advocacy groups file Amicus Brief.

Nov - Judge Baird to hear case on Terri's Law. Governor not properly served in suit, appeals venue.

Nov - Governor Bush petitions to remove Judge W. Douglas Baird on suggestion of bias.

Dec - 3 Terri's birthday. Supporters convene at Woodside Hospice. Terri receives more than 1,000 birthday cards and gifts.

Dec - Governor Bush denied discovery in Schiavo v Bush. Governor denied subpoenaing witnesses.

Dec - 20 Guardian ad Litem dismissed by Judge Demers.

Dec - 22 Judge Baird rules that he will issue a summary ruling on Terri's law without a trial. His ruling is withheld until appeals by Governor Bush are ruled upon in the Second District Court of Appeals in Lakeland, Florida.

2004

Jan - 8, Judge Demers denies petition for reinstatement of Guardian ad Litem

http://www.terrisfight.org/

Myths versus Facts
.
Terri's situation can be confusing. Because of misreporting and inaccuracies, it is easy to lose sight of the real issues surrounding her case.
We've compiled what we believe to be important items that are not always clear to the general public, but that deserve understanding.

Most Common Questions and Answers

If Terri hasn't recovered after all these years of therapy, why not let go?

Terri hasn't had meaningful therapy since 1991, but many credible physicians say she can benefit from it.

Why can't Terri just divorce?

Terri's husband/guardian speaks for her. She cannot divorce without his permission

Does Terri have an advanced directive or any wishes about her healthcare?

Terri never signed any directive or living will and there is no evidence that she foresaw her present situation.

Why do Terri's family fight to keep her alive? Shouldn't they let her husband decide?

Terri's husband has started another family and probably has gone on with his life. Terri's family want to provide her therapy and a safe home.

Is Terri receiving life support?

Not in the traditional sense. Terri only receives food and fluids via a simple tube.

Isn't removing her tube a natural and dignified way to die?

No. Dehydration and starvation cause horrific effects and are anything but peaceful. Read more here.

Most common misconceptions about Terri's situation

MYTH: Terri is PVS (Persistent vegetative state)
FACT: The definition of PVS in Florida Statue 765.101:
Persistent vegetative state means a permanent and irreversible condition of unconsciousness in which there is:

(a) The absence of voluntary action or cognitive behavior of ANY kind.
(b) An inability to communicate or interact purposefully with the environment.

Terri's behavior does not meet the medical or statutory definition of persistent vegetative state. Terri responds to stimuli, tries to communicate verbally, follows limited commands, laughs or cries in interaction with loved ones, physically distances herself from irritating or painful stimulation and watches loved ones as they move around her. None of these behaviors are simple reflexes and are, instead, voluntary and cognitive. Though Terri has limitations, she does interact purposefully with her environment.

MYTH: Terri does not need rehabilitation
FACT: Florida Statute 744.3215 Rights of persons determined incapacitated:

(1) A person who has been determined to be incapacitated retains the right
(i) To receive necessary services and rehabilitation.

This is a retained right that a guardian cannot take away. Additionally, it does not make exception for PVS patients. Terri has illegally been denied rehabilitation - as many nurses have sworn in affidavits.

MYTH: Removal of food was both legal and court-ordered.
FACT: The courts had only allowed removal of Terri's feeding tube, not regular food and water. Terri's husband illegally ordered this. The law only allows the removal of "life-prolonging procedures," not regular food and water:

Florida Statute 765.309 Mercy killing or euthanasia not authorized; suicide distinguished. Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.

MYTH: Many doctors have said that there is no hope for her.
FACT: Dr. Victor Gambone testified that he visits Terri 3 times a year. His visits last for approximately 10 minutes. He also testified, after viewing the court videotapes at Terri’s recent trial, that he was surprised to see Terri’s level of awareness. This doctor is part of a team hand-picked by her husband, Michael Schiavo, shortly before he filed to have Terri’s feeding removed. Contrary to Schiavo’s team, 14 independent medical professionals (6 of them neurologists) have given either statements or testimony that Terri is NOT in a Persistent Vegetative State. Additionally, there has never been any medical dispute of Terri’s ability to swallow. Even with this compelling evidence, Terri’s husband, Michael Schiavo, has denied any form of therapy for her for over 10 years.

Dr. Melvin Greer, appointed by Schiavo, testified that a doctor need not examine a patient to know the appropriate medical treatment. He spent approximately 45 minutes with Terri. Dr. Peter Bambakidis, appointed by Judge Greer, spent approximately 30 minutes with Terri. Dr. Ronald Cranford, also appointed by Schiavo and who has publicly labeled himself “Dr. Death”, spent less than 45 minutes examining and interacting with Terri.

MYTH: This is just a family battle over money.
FACT: In 1992, Terri was awarded nearly one million dollars by a malpractice jury and an out-of-court malpractice settlement which was designated for future medical expenses. Of these funds, less than $50,000 remains today. The financial records revealing how Terri’s medical fund money is managed are SEALED from inspection. Court records, however, show that Judge Greer has approved the spending down of Terri’s medical fund on Schiavo’s attorney’s fees - though it was expressly awarded to Terri for her medical care. Schiavo’s primary attorney, George Felos, has received upwards of $400,000 dollars since Schiavo hired him. This same attorney, at the expense of Terri’s medical fund, publicly likened Terri to a “houseplant” and has used Terri’s case on national television to promote his newly published book.

MYTH: Michael Schiavo volunteered to donate the balance of the inheritance to charity.
FACT: In October, 1998, Schiavo’s attorney proposed that, if Terri’s parents would agree to her death by starvation, Schiavo would donate his inheritance to charity. The proposal came after a court-appointed Guardian Ad Litem cited Schiavo’s conflict of interest since he stood to inherit the balance of Terri’s medical fund upon her death. This one and only offer stated “if the proposal is not fully accepted within 10 days, it shall automatically be withdrawn”. Naturally, Terri’s parents immediately rejected the offer.

MYTH: Terri's Medical Trust fund has been used to care for her.
FACT: The following expenditures have been paid directly from Terri's Medical Trust fund, with the approval of Judge George Greer:
Summary of expenses paid from Terri’s 1.2 Million Dollar medical trust fund (jury awarded 1992)
NOTE: In his November 1993 Petition Schiavo alleges the 1993 guardianship asset balance as $761,507.50

Atty Gwyneth Stanley $10,668.05
Atty Deborah Bushnell $65,607.00
Atty Steve Nilson $7,404.95
Atty Pacarek $1,500.00
Atty Richard Pearse (GAL) $4,511.95
Atty George Felos $397,249.99

Other

1st Union/South Trust Bank $55,459.85

Michael Schiavo $10,929.95

Total $545,852.34

http://www.terrisfight.org/

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