Posted on 04/07/2005 2:59:57 AM PDT by schmelvin
For Immediate release! To: All media, and supporters of life. From: The Family of Mae Magouirk Date: April 6, 2005 Contact: Kenneth Mullinax - Mockingbird@compuhelp.net
Shiavo case revisited in Georgia
Mae Magouirk…not comatose …not vegetative …not terminal
Why is Hospice LaGrange, Ga. withholding nourishment?
(LaGrange, Georgia) Mae Magouirk is being withheld nourishment and fluids and the provisions of her Living Will are not being honored at the Hospice-LaGrange, (1510 Vernon Street, LaGrange “Troup County” Georgia, 706-845-3905) a subsidiary of the LaGrange Hospital in LaGrange Georgia. Her family is desperately seeking to save her life before she dies of malnourishment and dehydration.
Mae Magouirk IS NOT comatose and she IS NOT vegetative. She is not terminal!
Despite these facts the Hospice and Beth Gaddy, a school teacher at LaGrange’s Calloway Middle School and granddaughter of Mae Magouirk have been denying her proactive nourishment or fluids (via a nose administered feeding tube or fluids via an IV) since March 28 without prior legal consent; against the wishes of her Living Will and against the wishes of Mae Magouirk’s closest living next of kin. Mae Magouirk’s next of kin are: Mr. A. B. McLeod (Her Brother) and Mrs. Lonnie Ruth Mullinax (Her sister) both of nearby Anniston, Alabama.
Under Georgia law, unless a medical durable power of attorney is in place, your closest living next of kin are stipulated to make all medical decisions. When Mae Magouirk’s closest living next of kin lodged a complaint with Hospice LaGrange’s in-house attorney Carol Todd last Thursday, March 31, Ms. Todd checked Mae Magouirk’s case file and upon examination of both documents discovered that Beth Gaddy DID NOT have the durable medical power of attorney for Mae Magouirk and upon closer examination of Mae Magouirk’s Living Will ascertained that fluids and nourishment were ONLY TO BE WITHHELD if she was either comatose or vegetative. SHE IS IN NEITHER STATE!!!
Nor is Mae Magouirk terminally ill. Her local LaGrange, Ga. cardiologist, Dr. James Brennan and Dr. Raed Aqel, a highly acclaimed interventional cardiologist at the nationally renowned University of Alabama-Birmingham Medical Center have determined that Mae Magouirk’s aortic dissection is contained and not presently life threatening.
Two weeks ago, Mae Magouirk’s aorta had a dissection and she was hospitalized in the LaGrange Hospital in LaGrange, Ga. Her aortic problem was at first determined to be severe and she was admitted in the intensive care Unit. Her granddaughter, Beth Gaddy, a teacher at the Calloway Middle School in LaGrange, stated that she held Mae Magouirk’s medical power of attorney and thus invoked said powers against the wishes of Mae Magouirk’s closest living next of kin by having her moved to Hospice-LaGrange. While at Hospice-LaGrange, Beth Gaddy stated that her wishes were for no nourishment for Mae Magouirk via a feeding tube or fluids via an IV. Before hospitalization Mae was lucid and never had been diagnosed with dementia as was testified to in Probate Court on Monday, April 4, by a local MD.
Page Two Mae Magouirk is being starved to death!
Upon learning from Hospice-LaGrange that Mae Magouirk was being denied nourishment and fluids and upon being told by Carol Todd (Hospice LaGrange’s in-house legal consul) that Beth Gaddy DID NOT HAVE THE PROPER LEGAL AUTHORITY to deny said nourishment AND that the denial of nourishment went against Mae Magouirk’s Living Will, Mae’s family (Mullinax/McLeod) ordered the immediate beginning of such nourishment/fluids for Mae to Hospice via Carol Todd.
First Contact with Hospice on Thursday, March 31 Carol Todd told Mrs. Lonnie Ruth Mullinax (Mae Magouirk’s sister) and Kenneth Mullinax (Mae Magouirk’s nephew) via phone on Thursday, March 31 that Georgia Law stipulated that Mrs. Mullinax and her brother A. B. McLeod (Mae Magouirk’s brother) were entitled to make any and all decisions for Mae Magouirk. Mrs. Mullinax immediately told Carol Todd to insert fluids via an IV and insert a feeding tube, via her nose. Carol Todd had the IV fluids started that evening but told the family that they would have to come to Hospice LaGrange to sign papers to have the feeding tube inserted and because of such, she believed that Mae Magouirk would no longer be a candidate for Hospice LaGrange. She was then told that Mae Magouirk’s family concurred and the ONLY REASON Mae was at Hospice was because the LaGrange Hospital had failed to exercise due diligence in closely examining the power of attorney which Beth Gaddy said she had, as well as executing the provisions of Mae’s Living Will to her preordained stipulations. Gaddy only had a financial power of attorney and did not have a medical power of attorney and Mae Magouirk’s Living Will provided that a feeding tube and fluids SHOULD ONLY BE DISSCONTINUED IF Mae was comatose or in a vegetative state. She was and is in neither state.
Attempt to rescue Mae on Friday denied by Probate Judge Donald Boyd On Friday, April 1, when A. B. McLeod (brother) and Kenneth Mullinax (nephew) showed up to meet with Carol Todd and to arrange emergency air transport of Mae Magouirk to the University of Alabama-Birmingham Medical Center (One of the top cardiovascular centers in the USA) Hospice LaGrange stalled them while Beth Gaddy went before Troup County Georgia (LaGrange, Ga.) Probate Judge Donald W. Boyd (who DOES NOT hold a law degree) who granted Beth Gaddy emergency guardianship of Mae Magouirk, giving Beth Gaddy full and absolute authority. Thus, they COULD NOT MOVE HER FOR PROACTIVE MEDICAL CARE Friday because Beth Gaddy had Hospice stop them and then she had Mae’s IV fluid tube pulled out. Beth Gaddy has repeatedly told Mr. McLeod, Mrs. Mullinax and Kenneth Mullinax that she feels they all should let Mae not eat and thus cause her to die because, and we quote Beth Gaddy: “Grandmamma is old and I think it is time she went home to Jesus. She has glaucoma, and now this heart problem and who would want to live with disabilities like these?”
As stipulated under Georgia Law, a hearing for an Emergency Guardianship, must be held within 3 days of its request and Mae Magouirk’s hearing was held on this past Monday, April 4, before Troup County Georgia Probate Judge Donald Boyd who favors granting Beth Gaddy permanent guardianship and thus will seal Mae Magouirk’s fate of allowing Beth Gaddy to starve her to death against the wishes of her Living Will and in full knowledge that Mae Magouirk is not terminal, not in a coma and is not in a vegetative state and that medical care at UAB Medical Center is awaiting her. Shiavo revisited!
Mae’s present state and vital signs Mae’s blood pressure is good, averaging 140/82 with a pulse rate of 88. However, since admission to Hospice she has not been lucid but who would be since nourishment and fluids have been denied since March 28, 2005. Also adding to her confusion is that she is off her regular medicines and is on a dose of Adavan and Morphine. Without food or water her electrolytes and body chemistry is not within its proper parameters. If her condition is not given major public attention soon, she will die, not by divine cause but by the omission of assistance by man. WE MUST GET Mae moved to UAB Medical ASAP
Resources: Probate Judge Donald Boyd…Court CASE NUMBER: Estate 138-05 Attorney for saving Mae’s life: Jack Kirby, Kirby & Roberts***
His mom was actually up and walking around a bit yesterday-- SHe is doing good-- she is ouit of ICU and in a private room- one floor below Mae. Too bad she can't go visit her.!
OY!
The whole reason Kenneth wanted Mae at UAB is because they took care of his mother so well. I am sure as long as she is at UAB she will be fine. We just need to keep an eye on this guardianship thing.
I hope Ken files for guardianship agian with the knew fact that Gaddy is denying them visitation.
is Gaddy giving a reason why shes denying visitaion?
the doctors dragged their heels, from Monday to Friday - so Kenneth, by Weds, was getting afraid that Mae, without the Medical treatment, would not make it, went public
Those are your words, not mine. But as you indicated earlier, I may not comprehend well.
are you the "judgmc" for today -
A couple of points. First whenever you mention a poster by screen name, especially in a derogetory way, it is common courtesy to ping him. Second, please don't blame those of us who urged a bit of caution until more information was available--while you and others had reached all the conclusions you apparently needed. I know some of the questions were embarrassing, especially after the lynch mob had found out that it was not needed. Still, if you prefer only "ditto" threads so that everyone feels good about his posts with no questions asked, then perhaps Jim will change the rules of the board. Until then, you will just have to put up a few of us even if it makes you a tad uncomfortable.
Whoooo, glad to hear Mae Magouirk is being fed and hydrated.
I am not Catholic, however the Pope got it right when he said that Food and Hydration even if given other than normally (mouth) are Ordinary Care and MUST be given.
Now that Keneth and family are no longer permitted to visit Mrs. Magouirk (shades of Michael Schiavo) I wonder if the food and hydration delivery systems are still in place.
Eeevil, can you please write this down and make sure an remember to toalk to Kenneth and make sure he writes it down? The biggest mistake the Schindlers made is that they did not insist that Terri have her own attorney. Can you PLEASE remember to mention this to Knneth and then follow up with him on this issue until you are sure mrs. Magouirk has an attorney.
I dont' trust the grandaughter, not permitting other family to visit. That is bad, very bad. Mrs. Magouirk needs t have her own attorney. Her own attorney would object to the grandaughter doing this. See that is the problem with Guardianships when there is not a seperate attorney. If Mrs. Magouirk had an attorney representing her, the family could complain to the attorney, mush faster than having to wait to go again to court.
Bet the grandaughter would not deny family visist if Mrs. magouirk had an attorny. Can't stress this enough. Ken mus ask this of Judge!
EVERYONE DO NOT FEED MACVSOG68
LOL!!
Not a peep from Gaddy anywhere!
I hae to say
I don't mind questions. I don't mind caution.
What gets irritating- is when some people just want to play round robin.
I have answered questions, then end up back in the smae place with people. I also hate when some people say things like "SHE NEVER HAD A FEEDING TUBE! KEN LIED"
I have yet to hear Ken say that- not have I seen him write it.
It's that stuff that is ridiculous- I am not saying you have done that-- just kinda explaining my POV.
Then you get the KEN IS A DEM.
Blah blah blah...
Questions are good.
nipping at heals for attention is childish..
Amen, Expat.
My mom is a hardcore Dem, but she was very upset about what happened to Terri and horrified when I told her about Mae.
Then again, my mom has a severely handicapped granddaughter (my niece). Plus, my mom, though she is nowhere near Mae's age, is still no spring chicken. These developments have her very upset and, quite frankly, terrified.
She also has a very good understanding of how little some members of the medical profession value human life these days. When my stepfather had a stroke, the hospital staff literally badgered my mom to "pull the plug" on him. She refused, transfered him from the local hospital to a state-of-the-art facility, and had him re-evaluated. Well, guess what? Podunkville hospital was wrong and Barnes Hospital in St. Louis diagnosed him as "able to be rehabilitated". My stepfather did eventually die, but he died of natural causes, while being fed, lovingly cared for, and rehabilitated. Plus, we all got a chance to tell him we loved him before he died, which we would NOT have gotten if they'd "pulled the plug on him".
You are right. This is a human rights issue. Politics mean nothing when you are fighting to save someone you love. My mom has been there. She nearly punched out some "nurse" who carelessly allowed my stepfather's head to slam hard against the bed railing and then had the audacity to say, "He can't feel anything". Well, the nurse was wrong! He did feel it. He told us so later.
My mom is firmly on our side on this issue, and she is a major leftist. We should not cast any potential allies aside merely because they disagree with us on other issues. In fact, I'd even go so far as to say that we need people like Jesse Jackson and Ralph Nader to support us on this. Otherwise, it will remain a "far-right wingnut" issue in too many American's minds. If we can get the left to jump on the bandwagon, then people will be much more likely to see this for what it is: A human rights issue.
Hi eeevil, I realize you are very busy because of this new development and am grateful for all your hard work.
But, could you please take a look at my post #2031 and tell me what you think?
I know. Make her look incompetent and take control of the estate. :-0
Now I'm wondering what our best course of action is concerning this new development.
Should we be calling UAB about the family being barred from Mae's room?
Should we be calling Judge Boyd and asking him if he can appoint a new guardian for Mae?
Should we be asking the rest of the family to back Ken up by giving a public account of their side of the story?
Should we be looking into getting an attorney to represent Mae?
Should we renew our email campaign to inform our representatives and the media of this latest development?
What do we do now?
I have answered questions, then end up back in the smae place with people. I also hate when some people say things like "SHE NEVER HAD A FEEDING TUBE! KEN LIED"
"After all, if her feeding tube has already been reinserted, then we have no need to "call in the calvary". "
"We need to move on this and do it fast, because she's been off that feeding tube for over a week now."
schmelvin
I guess some were led to believe she was on a feeding tube?
Sorry about not answering you!
I emailed him with that suggestion as soon as I saw your comment!!
I think it was a great idea!
"Wonder why Kenneth didn't go to the judge? If she were wrongly being starved to death why didn't he go to protective services or the police?"
I would have thought the answer to your question would be so obvious that asking it would be an embarrassment. I'll give you a clue; her name was Terri Schiavo. The judge said 'the fact of this matter is that Terri Schiavo will die'. Remember?
That's exactly what Beth appears to have done. You are right.
"I would have thought the answer to your question would be so obvious that asking it would be an embarrassment. I'll give you a clue; her name was Terri Schiavo."
I didn't know Greer was hearing this case. Thanks
"Wonder why Kenneth didn't go to the judge? If she were wrongly being starved to death why didn't he go to protective services or the police?"
I would have thought the answer to your question would be so obvious that asking it would be an embarrassment. I'll give you a clue; her name was Terri Schiavo. The judge said 'the fact of this matter is that Terri Schiavo will die'. Remember?
Once bitten, twice shy! What guarantee might Ken have had that this judge was different? This is the legacy of Greer.
"So they do not "deny" food to anyone, however they WILL NOT put in a feeding tube becasue that is life prologing, and that is opposite to their mission statement."
“We¹re taking the posture of refusing to deal with those people (bloggers etc.) because they¹re not representing the responsible parties,” said West Georgia Health System President Jerry Fulks. “We¹re focusing on taking care of the patient and her family.” (The Hospice is part of this health care facility including a hospital)
Fulks said he could not comment on an individual patient, but the health system¹s policy calls for nourishment and hydration for hospice patients, sometimes through a feeding tube because of throat cancer or some other condition that prevents the patient from swallowing.
He said there is a “reverence for life that our staff and our physicians and our volunteers all adhere to in doing the jobs they do.” (From the LaGrange news that Ken said gave the best account.)
So you think this guy is lying?
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