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Professor Appointed to Probe Schiavo Case
Guardian Unlimited ^ | Nov 1, 2003 | Vickie Chachere

Posted on 10/31/2003 8:16:51 PM PST by Future Useless Eater

Professor Appointed to Probe Schiavo Case

Saturday November 1, 2003 1:01 AM

By VICKIE CHACHERE
Associated Press Writer

TAMPA, Fla. (AP) - A judge appointed a University of South Florida professor on Friday to independently investigate the case of a severely brain-damaged woman at the center of a right-to-die battle.

Jay Wolfson, an expert on health care financing, will report to Gov. Jeb Bush and recommend whether the stay the governor enacted to keep Terri Schiavo alive should be allowed to remain.

Schiavo suffered severe brain damage when her heart stopped due to a chemical imbalance and has been in a persistent vegetative state for more than a decade. Doctors have said there is no hope for her recovery.

Her husband, Michael Schiavo, has fought to have her feeding tube removed, saying his wife did not want to be kept alive artificially.

Terri Schiavo's parents, Bob and Mary Schindler, dispute that claim and have fought to keep their daughter alive, saying they believe she could be rehabilitated.

Terri Schiavo's feeding tube was removed for six days in October before the Florida Legislature and Gov. Jeb Bush enacted a special law to have it reinserted. The law also required a guardian to be appointed.

George Felos, the attorney for Michael Schiavo, and the American Civil Liberties Union filed briefs this week challenging the constitutionality of the governor's action. The state is expected to respond on Monday.

The judge said that if the law is found to be unconstitutional, Wolfson is to cease his work.

The Schindlers had objected to Wolfson's appointment, claiming comments he made to a television station indicated he was biased against the newly enacted law. The judge said he found no evidence of bias.

Wolfson did not return calls seeking comment.

The judge ordered Wolfson to report to the governor in 30 days, but said the deadline could be extended if needed.


TOPICS: Crime/Corruption; Culture/Society; US: Florida
KEYWORDS: euthanasia; felos; greer; pearse; schiavo; schindler; strangulation; terri; terrischiavo; wolfson
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To: shhrubbery!
Frank Tetto said doctors didn't believe at first that his daughter really smiled.

Sounds familiar. They say Terri's smiles are just "reflex". Funny how doctors don't know sh-t sometimes.

261 posted on 11/03/2003 6:25:18 AM PST by Saundra Duffy (For victory & freedom!!!)
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To: Saundra Duffy
Sounds familiar. They say Terri's smiles are just "reflex". Funny how doctors don't know sh-t sometimes.

How true. We see case after case after case where doctors have said "There is no hope" -- then, we see that the patient DID recover.

262 posted on 11/03/2003 6:31:23 AM PST by shhrubbery!
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To: shhrubbery!
Why do some people want to demonize parents who hope and pray for the life of their child, while celebrating other parents in similar conditions..
263 posted on 11/03/2003 6:37:10 AM PST by Diva Betsy Ross ((were it not for the brave, there would be no land of the free -))
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To: saveterri1; Mrs Zip
You have been given links to valid info but continue to ignore them and use only pro Michael articles. I think your screen name is totally ridiculous after reviewing your posts.

Ping for Mrs Zip.

264 posted on 11/03/2003 6:52:57 AM PST by zip
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To: No More Gore Anymore
Why do some people want to demonize parents who hope and pray for the life of their child, while celebrating other parents in similar conditions..

I think the difference is that Maria Tetto's parents have already been able to prove that their daughter could recover, while Terri's parents have never been allowed to even try.

So for Maria it's a fait accompli that doctors and euthanasiasts cannot deny.

If Terri ever is allowed proper rehabilitation (and it may take years, as it did with Maria), we'll see a lot of people have to eat crow.

265 posted on 11/03/2003 6:55:11 AM PST by shhrubbery!
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To: FL_engineer
It is just appalling that they can talk so casually about ending a person's life when it seems that most of them see that she isn't really in a vegetative state. Maybe I'm an idiot and am missing some incredibly lofty nuance of the Constitution, but I fail to see how doing whatever is necessary to defend the life of a citizen, ,making a law in this case, can possibly be construed as unconstitutional. They are lawmakers. It is what they do. What is it that the screaming meanies THINK they're supposed to do?
266 posted on 11/03/2003 8:26:59 AM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: zip
You have been given links to valid info but continue to ignore them and use only pro Michael articles. I think your screen name is totally ridiculous after reviewing your posts.

Agreed.

267 posted on 11/03/2003 8:39:53 AM PST by TigersEye ("Where there is life there is hope." - Terri Schiavo)
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To: shhrubbery!
What a wonderful story. Thanks for posting it!
268 posted on 11/03/2003 8:50:55 AM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: shhrubbery!
Irrelevant to the Schiavo case.

This young lady was not diagnosed as having a cerebral cortex virtually void of living tissue. Dead tissue does not conduct brain waves.

This young lady was never diagnosed as being in a persistent vegetative state- only as being in a coma.

The only question here is whether her insurance company failed to provide rehabilitative care and that question seems to have been left unanswered by this article.
269 posted on 11/03/2003 8:52:30 AM PST by daylate-dollarshort
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To: daylate-dollarshort; shhrubbery!
Pathologist's statement in Terri Schiavo case - an affadavit.

5. Based on my experience and my observations, Mrs. Schiavo is clearly aware of her environment and interacts with it, albeit inconsistently. She is able to comprehend spoken language, and can, at least inconsistently, follow simple one-step commands. This is documented both in the MediPlex records and in the following behaviors noted in the following video segments:

Can't do those things if there aren't any brainwaves. I guess Maria Tetto is relevant to Terri's case.

270 posted on 11/03/2003 9:27:21 AM PST by TigersEye ("Where there is life there is hope." - Terri Schiavo)
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To: TigersEye
First of all she is a Speech Pathologist- not a medical pathologist nor a neurologist and your reference to her as simply a Pathologist is misleading at best. Second, by her own admission she has never set eyes on Terri Schiavo. Without direct examination on the part of this "expert" her report is nothing more than hearsay and a recitation of anecdotal statements by unidentified non-experts.

MD's, far and away more expert in the feild than this therapist and representing BOTH the husband and the parents and an independent expert from the Cleveland Clinic have agreed that Mrs. Schiavo's cerebral cortex consists of dead tissue.
271 posted on 11/03/2003 9:39:37 AM PST by daylate-dollarshort
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To: TigersEye
Courts gave Schiavo case a full hearing

By Randy Schultz, Palm Beach Post Editor of the Editorial Page
Sunday, November 2, 2003

If you listen only to Gov. Bush and the Legislature talk about Terri Schiavo, you might think that the courts have rushed to end the life of a helpless woman. If you read what the courts actually have done and said, you understand that the governor and Legislature are wrong.

The story line from Tallahassee is loving parents vs. scheming husband, aided by reckless, uncaring judges. To the rescue come a compassionate, moral governor and Legislature. In reality, the cast and the roles don't line up quite so perfectly.

Pinellas County Circuit Judge George Greer has received most of the criticism because he ruled for Michael Schiavo. Reviewing his decisions, however, has been the 2nd Circuit Court of Appeal, which in June entered the ruling that led last month to the removal of Ms. Schiavo's feeding tube, which led to "Terri's Law," which led to the case being national news.

Chief Judge Chris Altenbernd, who wrote the ruling, is an Eagle Scout with two children. Gov. Bob Martinez, a Republican, named him to the appeals court. Carolyn Fulmer, one of the concurring judges, also has two children. Democrats Bob Graham and Lawton Chiles put on her on the circuit and appeals court, respectively. Judge Thomas E. Stringer has four children. Gov. Graham put him on the county court, Gov. Martinez put him on the circuit court, and Gov. Bush put him on the appeals court.

Parents got chance to prove theory

So this panel can be labeled neither "liberal" nor "conservative." Let's deal, then, with the two counts of the indictment: that the court acted hastily, and that the court is uncaring.

The June ruling was the fourth that the 2nd DCA has issued in the Schiavo case. Each time, the court eventually has upheld Judge Greer's finding that Terri Schiavo did not want to be kept alive artificially, and that the feeding tube can be removed.

In its third ruling, the appeals court noted that "clear and convincing evidence at the time of trial supported a determination that Mrs. Schiavo would have chosen in February 2000 to withdraw the life-prolonging procedures." Yet even then, the court did not dismiss outright the late claim by Terri Schiavo's parents, Mary and Bob Schindler, that therapy could help their daughter.

So the appeals court sent the case back to Judge Greer. The Schindlers, though, had to show that treatment would "significantly" improve Ms. Schiavo's life. The court ordered an examination by five physicians. At Judge Greer's hearing, the Schindlers "presented little testimony." The doctor who caused the appeals court to order the review did not appear. The one who did made a weak case.

'Care and a cautious legal standard'

"It is likely that no guardianship court," the judges said, "has ever received as much high-quality medical evidence in such a proceeding." The appeals court looked at the full-length videotapes of Ms. Schiavo, not the excerpts on TV news programs. The judges examined brain scans. The conclusion: Terri Schiavo is in a permanent vegetative state.

But as Judge Altenbernd noted in June: "Each of us, however, has our own family, our own loved ones, our own children... we understand why a parent who had raised and nurtured a child from conception would hold out hope that some level of cognitive function remained. If Mrs. Schiavo were our own daughter, we could not but hold to such a faith."

So the court sees Terri Schiavo as a person. The court knows the tragedy, of her condition, the family fight, the unpleasant decision. "It is a thankless task," Judge Altenbernd wrote, "and one to be taken with care, objectivity and a cautious legal standard designed to promote the value of life.

"But it is also a necessary function if all people are to be entitled to a personalized decision about life-prolonging procedures independent of the subjective and conflicting assessments of their friends and relatives... the law currently provides no better solution that adequately protects the interests of promoting the value of life."

It should have ended there. The courts have spent years on Terri Schiavo's case and acknowledged the difficulty. The governor and Legislature spent two hours and proclaimed themselves saviors. So who's being reckless and uncaring?

272 posted on 11/03/2003 9:43:03 AM PST by daylate-dollarshort
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To: daylate-dollarshort
... your reference to her as simply a Pathologist is misleading at best.

That is misleading and disingenuous of you. It is the title of the article I linked to. Nevertheless, any layman can see from the videos of her that she does things that can't be done if there are no brainwaves.

273 posted on 11/03/2003 9:45:13 AM PST by TigersEye ("Where there is life there is hope." - Terri Schiavo)
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To: daylate-dollarshort
First of all she is a Speech Pathologist- not a medical pathologist nor a neurologist ...

I'll let her own credentials speak for themselves:

BEFORE ME the undersigned authority personally appeared Sara Green Mele, MS, CCC-SLP, who being first duly sworn, deposes and says:

1. My name is Sara Green Mele, and I have been engaged in the continuous private practice of speech-language pathology since 1996, and have served on the staff of the Rehabilitation Institute of Chicago from 1996 to 1999 and from 2001 to the present. Prior to that I practiced cognitive therapy at Baylor Institute for Rehabilitation in Dallas Texas. In both settings I worked with the broad range of brain injured populations. The Rehabilitation Institute of Chicago is affiliated with Northwestern University Feinberg School of Medicine, and is recognized in the United States rehabilitation community as the top facility in the United States. The Baylor Institute for Rehabilitation is affiliated with Baylor University Medical Center, and is recognized in the United States rehabilitation community as one of the top ten facilities in the United States. I am a clinical lecturer at Northwestern University Feinberg School of Medicine, and lecture for continuing medical education credits (CME) through the Rehabilitation Institute's continuing education program as well as at national conferences. In April of this year I participated in the presention of a two-day head injury course entitled Interdisciplinary Rehabilitation Management in Traumatic Brain Injury to over two hundred health professionals in Tampa, Florida. My full curriculum vitae is attached.

2. In my practice, I treat many patients who have had diffuse brain injury, both anoxic and hypoxic, and I am familiar with states of impairment known as coma, coma-like, minimally conscious and persistent vegetative state. I regularly participate in the evaluation and cognitive/linguistic diagnosis of patients whose differential diagnosis include such conditions. In connection with my practice of speech-language pathology, I also evaluate patients, and train others in the evaluation of patients for swallowing function. During my career as a speech-language pathologist, I have personally treated approximately thirty patients similar to Terri Schiavo.

3. In evaluating patients for rehabilitation, the Rehabilitation Institute of Chicago does not track the diagnosis of patients by their referring caregivers, but rather evaluates them for itself because the misdiagnosis rate is so high.

And that's just an overview. I'd hate to have to read her full curriculum vitae. Whew!

274 posted on 11/03/2003 9:51:33 AM PST by TigersEye ("Where there is life there is hope." - Terri Schiavo)
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To: TigersEye
Perhaps you would be well served as a layman to do a little research on the structure and function of the cerebral cortex.

Dead tissue does NOT produce brain waves. Furthermore, absent a living, functioning cerebral cortex, there is no cognition or consciousness.
275 posted on 11/03/2003 9:53:46 AM PST by daylate-dollarshort
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To: TigersEye
Yep, she is a speech pathologist. Doesn't change a thing. Cant help but notice that she has never been offered as a witness. I would suggest to you that the reason she has not testified is for the reason I stated in my prior post.
276 posted on 11/03/2003 9:57:48 AM PST by daylate-dollarshort
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To: daylate-dollarshort
I don't believe it.
277 posted on 11/03/2003 10:01:35 AM PST by TigersEye ("Where there is life there is hope." - Terri Schiavo)
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To: TigersEye
Believe it.

278 posted on 11/03/2003 10:02:35 AM PST by daylate-dollarshort
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To: daylate-dollarshort
This young lady was not diagnosed as having a cerebral cortex virtually void of living tissue. Dead tissue does not conduct brain waves.

You don't know that about Maria's case. The article does not say whether Maria had brain scans; and if she did, what they showed.

And, for that matter, you don't know that what you've asserted is true about Terri, either. All you have, in Terri's case, is the word of her so-called husband and his pro-euthanasia lawyer that the "cerebral cortex is virtually void of living tissue." (And what does "virtually" mean here, anyway?) I have not heard any doctor verify this.

For your statement to be believable, it would be necessary for new scans to be done, and interpreted by several independent doctors, not shills hired by Schiavo.

Even then, it's my understanding that doctors cannot be 100% sure of their interpretation of brain scans. It takes an autopsy for that -- and, hmmmmmmmmm, Schiavo has ordered that there be no autopsy upon Terri's death.

So it's not clear that these purported scans are "relevant," either. Maybe they could give some indication of whether Terri could be rehabiliated, or maybe not. What is the ethical reason for forbidding her parents to even try?

As for "relevance":

...Frank Tetto said doctors didn't believe at first that his daughter really smiled. The Tettos held their daughter's hand and she squeezed back. Doctors said that was a reflex rather than a sign of conscious behavior, said the Tettos...

The Tettos said they had to convince doctors and insurance companies that their daughter would benefit from various kinds of therapy and come all the way out of a coma, and one day talk to them.

Substitute "the Schindlers" for "the Tettos," and "Michael Schiavo" for "insurance companies." Looks pretty relevant to me.

279 posted on 11/03/2003 10:06:52 AM PST by shhrubbery!
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To: FL_engineer
How about appointing a crime investigator!
280 posted on 11/03/2003 10:08:31 AM PST by Libertina
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