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***
I appreciate your taking my request seriously and taking the time to compose it.
I'm sorry if you took my quote that you posted at the top to mean your answer would be prejudged. The quote You copied, I am pretty sure, is how many have felt. It was only fair to stop the back and forth and say, "Look, this is the way you are coming off, is that what you meant, because if it was, there is no where that we can BOTH go with this."
I have some responses to your post, but first(now that there is a lull, I can go back and read the threads) I am taking your suggestion and reading back over your comments and the various threads.
Once again, I do appreciate your response. I am sure I am not the only one.
Thank you.
That's okay, I didn't think you meant that. I think some times our fingers get ahead of our brains. Or is that vice versa? LOL!
This seems to be the third and most recent version. Notice this part "will give no drug, perform no operation, for a criminal purpose, even if solicited, far less suggest it."
This is what those who are in favor of assisted suicide and euthanasia must get past, or overturn, in the thinking of society - that it is not "criminal" to give a patient lethal drugs or to "let them die" if that is their wish.
Not exactly what Hippocrates had in mind...
One version, approved by the American Medical Association, is as follows:
You do solemnly swear, each by whatever he or she holds most sacred:
That you will be loyal to the Profession of Medicine and just and generous to its members.
That you will lead your lives and practice your art in uprightness and honor.
That into whatsoever house you shall enter, it shall be for the good of the sick to the utmost of your power, your holding yourselves far aloof from wrong, from corruption, from the tempting of others to vice.
That you will exercise your art solely for the cure of your patients, and will give no drug, perform no operation, for a criminal purpose, even if solicited, far less suggest it.
That whatsoever you shall see or hear of the lives of men or women which is not fitting to be spoken, you will keep inviolably secret.
These things do you swear. Let each bow the head in sign of acquiescence. And now, if you will be true to this, your oath, may prosperity and good repute be ever yours; the opposite, if you shall prove yourselves forsworn.
And one more interesting link on The Physician's Charter
FDA issues warning on use of certain anti-psychotic drugs by elderly patients
WASHINGTON - Elderly patients with dementia were significantly more likely to die prematurely if taking certain anti-psychotic drugs, the government said Monday in an advisory to health care workers and patients.
The Food and Drug Administration is asking manufacturers of atypical anti-psychotic drugs to add to their labeling a boxed warning noting the risks and that the drugs were not approved to treat symptoms of dementia in the elderly.
The drugs were approved for treating schizophrenia and mania, and include such brands as Abilify, Zyprexa, Seroquel, Risperdal, Clozaril and Geodon. Symbyax, which is approved for the treatment of depression associated with bipolar disorder, is also included in the advisory.
Interesting. My bf was on ativan when he died. He had taken Seroquel and Clozeran prior to the ativan.
Go to either one, Pdf pg.7 or the WND fax pg.7 it says the following in the paragraph labeled "Order" and signed by Judge Boyd.
"...The Court finds that the Ward, Ora Mae Magouirk, is suffering from dementia, an aortic aneurism and a blood clot...."
The order recites,
"and after having reviewed the petition, the Court finds that the ward, Ora Mae Magouirk, is suffering from dementia, has an aorta aneurism, and a blood clot."Nobody has produced evidence that this recitation has any basis other than the petition of Gaddy. Note too, the recitation includes three medical determinations. Dementia. Aorta aneurism. Blood clot. All of these are based on, and taken from Gaddy's sworn petition of April 1st.
"Other doctors held that Mae's best interest involved medical treatment that was not available at hospice."
The heart specialists in LaGrange couldn't treat her?
April 12, 2005David Gibbs Law Firm To Advise McLeod-Mullinax Family: Alabama Advocacy Center Joins Fray
Per email from Ken Mullinax:
David Gibbs, the lead attorney for Terri Schiavo's natural family, has agreed to allow Ken Mullinax to publicly state that "David Gibbs is now advising the McLeod-Mullinax family in regards to Mae Magouirk." They will be doing a teleconference with him tomorrow. The Alabama Advocacy Center at the University of Alabama Law School is now investigating this case after today speaking with Jim Tucker, lead litigator. Elder abuse is one of the many avenues they will look into in regards with Mae Magouirk.Ken Mullinax is to appear on Sean Hannity tonight(Hannity-Colmes) between 830pm and 900pm CST.
Posted by richard at April 12, 2005 02:22 PM
NO! They are the ones that said she was not treatable in the first place. They are the ones that recommended Hospice to Gaddy.
Plus- Ruth has been treated by UAB for the same condition and knows they are BETTER equipped----
And all 3 doctors agreed...
Beats me. I wasn't on the panel of doctors that made the decision.
http://www.freerepublic.com/focus/f-news/1381143/posts?q=1&&page=71#71 <--
Note: Dr. Stout, Mae's attending Dr. in LaGrange, said in so many words that he would ignore Mae's Living Will since he felt her quality of life and outlook for recovery was grim at best. However, it seems that the panel of three doctors thought there must be a chance because they reported back to Judge Boyd, according to the settlement our lawyer, Jack Kirby crafted and wrote for the court, and Mae is now in UAB Medical Center.10. In Judge Boyd's court decree order(Civil Action, Estate 138-05, dated April, 2005) it states:
"The guardian shall see that Dr. Brennan, Dr. Gore, Dr. Aqel evaluate/and or examine the ward (Mae Magouirk) for the purpose of determining whether any medical treatment should be pursued for her aortic aneurism. If at least two of the three doctors agree that there is a viable course of treatment for the aortic aneurism, then, in that event, the petitioner(Beth Gaddy) shall follow the recommendation of the doctors who agree to such a course of treatment, including the location and manner of treatment to be provided."
A few more details, I remain curious too.
Cardiologist James Brennan was Mae's cardiologist in LaGrange. He is listed as a specialist at WGHS (the facility that Mae was admitted to in Georgia, and has since been removed from).
Cradiologist Thomas Gore is also of LaGrange, and is also listed as practicing at WGHS.
http://www.wghs.org/p-specialty.html
The doctors determined that Mae Magouirks aortic dissection is contained and not presently life threatening. I.e., she isn't terminal.
Obviously, at least one other doctor disagrees (or did), since Mae had to be certified terminal in order to be admitted to hospice. I assume that the doctor who certified Mae as terminal was Dr. Stout (sp?).
No, they could not. They are not a state-of-the-art facility, they are a small town hospital.
When my stepfather had a stroke, we moved him from the podunkville hospital he was in (which had advised us to discontinue all care and "let" him die) to the state-of-the-art Barnes Hospital in St. Louis, where he was diagnosed as "able to be rehabilitated" (and his condition greatly improved once we undertook rehabilitation).
LOL True.
Mae has been receiving the best of care by "world class" doctors in UAB for a few days now. Has she revoked the POA? Or disputed the guardianship?
I believe Mae's financial POA to Gaddy is at least temporarily not operative, and that Gaddy has both financial and medical powers (circumscribed by the court order to abide by the treatment regimen prescribed by the three doctor team) as granted by the court order of April 4.
The objection to Gaddy's guardianship was dismissed by the court (not noting whether the dismissal was with or without prejudice; I assume it was without). I don't believe another objection has been filed. I do think that the family is in disagreement as to who should be the "permanent" guardian. Gaddy's guardianship letter expires 45 days after April 1, or when a petition for regular guardianship is heard, whichever comes sooner.
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