It's Happening Again (We've Got Another Schiavo, Starving In GA, No Brain-Damage)

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

(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.

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.

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***

Repeating Zogby Poll in an article by lifenews.com.

by Steven Ertelt

LifeNews.com Editor

April 1, 2005

Washington, DC (LifeNews.com) -- Polls leading up to the death of Terri Schiavo made it appear Americans had formed a consensus in favor of ending her life. However, a new Zogby poll with fairer questions shows the nation clearly supporting Terri and her parents and wanting to protect the lives of other disabled patients.

The Zogby poll found that, if a person becomes incapacitated and has not expressed their preference for medical treatment, as in Terri's case, 43 percent say "the law presume that the person wants to live, even if the person is receiving food and water through a tube" while just 30 percent disagree.

Another Zogby question his directly on Terri's circumstances.

"If a disabled person is not terminally ill, not in a coma, and not being kept alive on life support, and they have no written directive, should or should they not be denied food and water," the poll asked.

A whopping 79 percent said the patient should not have food and water taken away while just 9 percent said yes.

"From the very start of this debate, Americans have sat on one of two sides," Concerned Women for America's Lanier Swann said in response to the poll. One side "believes Terri's life has worth and purpose, and the side who saw Michael Schiavo's actions as merciful, and appropriate."

More than three-fourths of Americans agreed, Swann said, "because a person is disabled, that patient should never be denied food and water."

The poll also lent support to members of Congress to who passed legislation seeking to prevent Terri's starvation death and help her parents take their lawsuit to federal courts.

"When there is conflicting evidence on whether or not a patient would want to be on a feeding tube, should elected officials order that a feeding tube be removed or should they order that it remain in place," respondents were asked.

Some 18 percent said the feeding tube should be removed and 42 percent said it should remain in place.

Swann said her group would encourage Congress to adopt legislation that would federal courts to review cases when the medical treatment desire of individuals is not known and the patient's family has a dispute over the care.

"According to these poll results, many Americans do in fact agree with what we're trying to accomplish," she said.

The poll found that 49 percent of Americans believe there should be exceptions to the right of a spouse to act as a guardian for an incapacitated spouse. Only 39 percent disagreed.

When asked directly about Terri's case and told the her estranged husband Michael "has had a girlfriend for 10 years and has two children with her" 56 percent of Americans believed guardianship should have been turned over to Terri's parents while 37 percent disagreed.

I'll have to ck out your new tag line. I can't see if from the comments section.

Ken Mullinax has responded by email to LaGrange Resident's comments above. His remarks are posted herewith:

IN IT FOR THE MONEY? That is on its face a distorted statement because in the April 4 Troupe County Probate Court Compromise which WE (our attorney Jack Kirby) crafted, WE didn't even inquire or request anything to do with ANY of Mae's assets EXCEPT the one most important to us... HER LIFE. Beth fought to keep her financial power and we went along with her desire.

All we asked for is that Mae be proactively nourished... and given proper medical care. The Hospice LaGrange ONLY gave Mae medicine to dull her senses and never anything to help her aorta, heart, or even to keep her eyes lubricated due to her pre existing eye condition.

We have not told Mae ANYTHING about any of this and would not do so until she is home and well. When she finds out she will be heartbroken with Beth and if she requests shelter with her brother or sister, it is avaailble.

I do not know Beth's motives.

I DO KNOW that Beth, and the doctor in LaGrange who placed Mae in a hospice have been proved WRONG many times over by first, the Probate Judge's three doctor panel which evaluated Mae and deemed that she was not terminal and SHOULD be treated, and secondly by the medical evaluation provided by her current doctor. She is well today and her vitals are good.

DR. AQEL'S MEDICAL EVALUATION OF MAE TODAY:
My Mom and I met with Mae's attending Physican at the UAB-Medical Center today and he stated the following:

(1) Mae is totally coherent neurologically.
(2) Mae's aortic dissection is now contained.
(3) Mae's aortic condition is not life threatening.
(4) Mae has spoken with him in depth of her life; her late son and her desire to live as independently as possible
(5) Mae's condition is still weak because of the lack of proper nutrition and fluids from her ordeal in Hospice-LaGrange
(6) Mae is NOT A CANDIDATE for Hospice.

WHERE HAS KEN BEEN?
I am sensitive about the way my Aunt Mae was being mistreated because I hold a special place for those among us who are helpless... especially the elderly and infirm.

WHERE HAVE I BEEN for the last 10 years? Well here is a recap of my last 10 years, from 1995 until 2005:

* 1995-1999: I lived in Washington, DC was a staffer with the U.S. Congress. I didn't live in the south so how could I see Mae in Ga.? We did speak a lot via phone. I could only afford to come home maybe twice a year... Christmas and in the summer. My Dad was seriously ill at home with heart ailments (from 1988 until his death) and later Altzheimer's Disease, so I stayed with him in Anniston.

*From 1999 to present: I left my great career in DC and moved to Alabama to be my Dad's caregiver. He had severe heart problems and then Altzheimers.

Because MY FAMILY honors our elders, WE KEPT DAD AT HOME to die... so Mom and I were changing diapers, giving insulin injections, cleaning, entertaining, and FEEDING a 6'5" 250 pound man from 1999 until Dad's death on July 10, 2002. He died in his sleep having eaten a good dinner and having had his 10:00PM snack of ice cream.

*On October 12, 2002 my Mom had a severe aortic dissection... she and Dad were married 55 years and we all know how sick caregivers can get.

Since October 12, 2002, I have been my Mom's caregiver. I moved her in with me. I TAKE CARE OF HER. She has a good quality of life yet she is not as mobile as before and she cannot have any great emotional trauma.

THAT IS WHERE I HAVE BEEN... SERVING AS A CAREGIVER FOR TWO SICK PARENTS... IN MY HOME, NOT A NURSING HOME OR A HOSPICE!

Now, I have disclosed EVERYTHING about where I have been... who I am... I even answered ALL THE QUESTIONS POSTED BY THE MEDIA AND STRANGERS......

WHY? Because the truth had to be known that a sweet little lady was being denied life sustaining nourishment.

THIS SO-CALLED LAGRANGE LADY... still has yet to reveal WHO she is... that will tell us a great deal about her motivations. If she really thought my aunt was a sweet, kindly lady then WHY DIDN'T SHE SPEAK UP WHEN SHE LEARNED MAE WAS AT A HOSPICE without being terminal, or comatose, or PVS?

SHE IS THE KIND OF FRIEND NONE OF US NEEDS.

So there is my motivation.... no money or finacial interest, just love and respect for a lady whose in-town relations and friends were either TOO naive or too STUPID or TOO WHACKED OUT MENTALLY to stand up for Mae or try the medical alternatives which Buddy McLeod begged them to explore.

BETH REFUSED TO RETURN CALLS FROM HER UNCLE Bud McLeod and from me; she refused to answer ANY AND ALL media inquiries... even Judge Boyd answered questions to the media and bloggers and TWICE, Judge Boyd went directly to Beth and asked her to respond to the media and the bloggers but NOTHING came from her.

Why?

Maybe because she realized that her judgement was flawed when she went along with Mae being placed in a hospice.

Maybe because her position is undefendable!

My last motivation is a saying which guides my daily life. My personal credo. It is by Dante and it is as follows:

"The hottest place in Hell, is reserved for those people, who in a time of crisis, remain neutral."

Ken

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