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***
Division of Aging Services
Two Peachtree Street, NW, Suite 9-385
Atlanta, Georgia 30303-3142
Phone: 404-657-5258
Fax: 404-657-5285
Website: http://aging.dhr.georgia.gov
Hey, in that version of the Brave New World we won't have to worry about fixing Social Security. Certain undesirables won't be allowed to live long enough to collect it!
can I be put on someones ping list for this please? Thanks
"Is it 'getting to the truth',"
Those remarks are no more constructive than the "death Nazi's", black booted thugs, murderers, money hungry killers, etc.
People resort to name calling when they get frustrated and can't deal with the subject objectively. Granted the Terri story is very emotional, but the truth of the matter is often tainted by emotions.
I bet she got that from the Glenn Beck show. He's always talking about us "Eeevil Conservatives". You know, how we don't care about clean water or poor people? Stuff like that. :-)
How is it that the esteemed Dr. Cranford can even make such a diagnosis when he didn't even perform tests considered essential to an accurate diagnosis? Where is the MRI? Where is the PET? Go to the library and check ANY first year neurology textbook and look up what's required to diagnose PVS. When you consider that Cranford previously MISdiagnosed someone as PVS who subsequently made a FULL recovery, don't you think he'd want to make sure he performed the ALL the tests necessary for an accurate diagnosis? The 2 tests that were performed (YEARS BEFORE), were the most superficial and least accurate in determining PVS. Maybe Terri was PVS, maybe she wasn't. The FACT is, we just don't know. It seems that if we're going to order someone's death, we should, at minimum, make sure STANDARD neurological tests are performed. There is statement after statement from doctors who say a diagnosis couldn't be made without further testing, but we're supposed to accept the word of a doctor who's life work is going around the country and testifying that patients are PVS. So far, he's found 100% of the patients he's diagnosed to be PVS, including the one that made a full recovery...sounds like an "expert" to me.
Cindie
"My friend, a ping to post #190. This is how conversations start to deteriorate."
LOL........I sense a bit of frustration? Oh well, best to answer the question as best one can and move on IMO.
All I know are ones in TN, I wish I knew of some in GA
YES!!!
EXACTLY!!!
THAT IS WHERE I GOT IT!!
GLENN BECK IS MY HERO!!!
"Granddaughter yanks grandma's feeding tube
WorldNetDaily.com ^ | April 7, 2005 | Sarah Foster
http://www.freerepublic.com/focus/f-news/1379537/posts"
Thank you - some verification!!
ummm ... what was that?
OK.
"And there are a few who have been very cruel in their attitude toward the Schindlers."
Not only cruel toward the Schindlers, but I have read some of very heartless, mean things about Terri, as well, who did nothing to anyone.
The WorldNetDaily Article got posted as a seperate thread.
I gave those readers this sumamry post of our posts:
http://www.freerepublic.com/focus/news/1379537/posts?page=100#100
GA Dept of Human Resources
REPORT ABUSE:
(404) 657-9639
OR FAX WRITTEN REPORT TO: (404) 657-5737
GA Dept of Human Resources
REPORT ABUSE:
(404) 657-9639
OR FAX WRITTEN REPORT TO: (404) 657-5737
Agreed; and well worth repeating.
This concerns the very private affairs of a woman who is not presently able to speak for herself or give consent to her private affairs being shared with anybody who calls up the judge, and of the other family members involved in the dispute, who likewise should have an assurance of privacy when they seek court intervention in a matter like this. It's highly irregular for a judge in a non-appellate court to be sharing information about an out of court settlement (or for that matter, about an in-court decision re a family matter).
Appellate courts are somewhat different, in that the issues they take up are generally more about interpreting the legalities of procedures followed in a case, and only tangentially discussing facts of the case as needed. Since appellate courts are largely in the business of creating law (because under the common law, prior decisions essentially ARE the law, until pre-empted by legislation or overruled by a higher court), there is by definition a need to make their decisions public, along with enough facts to support the decision.
Perhaps in this case, the family did authorize the judge to make this information public, to help quiet down the barrage of phone calls and e-mails and who knows what else that all the people involved have been getting bombarded with. But it's still really odd that it's being done in an informal way, rather than as a formal press release, with language previously agreed upon by the interested parties. It's a pretty bizarre idea that whenever some total stranger gets wind of a painful family dispute that has reached the courts, that stranger can call up the judge and get a briefing on what agreement the family finally came to -- especially where it was, officially speaking, an out of court settlement.
Don't you dare call me pro-death, but I was wondering, why exactly do they need to see a living will if she's not comatose?
So we don't know if the Lawer is representing the Granddaughter or the Mae's brother sister and nephew.
If we could see the court documents then we could see which side the lawyer is representing. The Plaintifs vs. Defendents and who the lawyers are.
Anybody know how we can see these documents in Alabama?
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