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***
My one grandma lived until 97. I loved her very much. She was healthy up until the last few months before she died...had cataract operations and hip surgeries and healed up as good as new. She wanted to live to be 100...that was her dream. I have many fond memories of her.
My other grandma wasn't as healthy, but I'd go take care of her after her stroke; she lived in an apartment...I'd go clean on the weekends. She had to go to a home...as she just had to be watched all the time (had a pace maker and was just very fragile in health); I was in high school then. She used to make me laugh...trying to act so tough..but she was a good woman, very good woman.
I miss them both.
I just can't understand how someone would want to kill their grandma.
Wneighbor, You have volunteered to do the most thankless job of all. Keeping up a Save Mae form Forced Euthansia ping list and using it as needed.
I personally will be eternally grateful if you would do that. Many many thanks.
DO NOT like the man, but like you said, he did seem to be on Terri's side - and he is a brilliant lawyer.
Also, he can, if this issue gets to that in future, argue in the SCOTUS, (I don't believe Randall can) with legislation that will put the breaks on this death-by-fiat. The dark side will fight any such legislation to the death - no pun intended -
russ,
it seemed like you wanted to help so I proposed wither collect pobuish and advocate contacting the Politicains for Georgia OR contact randal terry to get tips and advice form him and he might have some good contact info.
Were you able to do either one of these? If so which one.
I ahve to go to bed shortly and I wanted to do a round up post showing everybody with their action itme.
You wrote:
How about David Boise
DO NOT like the man, but like you said, he did seem to be on Terri's side - and he is a brilliant lawyer.
Also, he can, if this issue gets to that in future, argue in the SCOTUS, (I don't believe Randall can) with legislation that will put the breaks on this death-by-fiat. The dark side will fight any such legislation to the death - no pun intended -
My Reply: Well how about if we ask djreece to contact him, since you are already doing Georgia media.
I think djreece seems like s/he would be able to do that, s/he seems pretty sharp.
Me neither. My Grama raised me. I was able to spend the last coupla weeks of her life with her in the hospital 24/7. I wouldn't change it for the world. We had some great talks and a few laughs. She laughed more than me but I remember that so happily now.
My other grandmother is still alive. I have never known her very well. But, to do this!! No way. Just no way.
Not thankless. This is something I can keep up with throughout the day even though I don't have an opportunity to read and post as much as I would like. Fits my situation here. :-) This, and prayer.
Yeah your own grandma. Although it looks like granddaughter is the only heir, since grandma outlived her husband and her son.... rad into that what you will....
It jsu makes me sick, not comatose, not PVS, goes in for a heart problem and girly says grandma should go to Jesus now...
Bob Barr comes to mind, and I think he is back in private practice in the Atlanta area.
Grandmas are very good at telling stories (true or otherwise, lol)! : )
Fantastic!
This has caught fire - hopefully in time to save Mae - but, either way, this 'death-by-fiat' has got to be exposed to the light - BRIGHT light.
It's the only way to defeat darkness - and it always trumps the dark. Dark has no source of it's own, and can only exist where there is no light.
So get your flashlights search lights out, folks, and stock up on batteries
We gotta get pegita and pollywog to be prayer warriors for May.
ladies are you out there?
Bobby Lee Cook, Summerville, GA ... they don't come with any better credentials than his. Todd Johnson, Cohutta, GA is an associate, so contacting him first might help get things really rolling on Mae's behalf. ... Tell Todd that Marvin Galloway gave his name; Todd's wife is also a strong attorney.
Well I guess that pretty much answers that question!!!
Sorry I can't answer your questions. Nick seemed overwhelmed with the volume of calls. He also was very appreciative of the outpouring of interest.
Volumes of hearsay evidence?
It's no more heresay than the "evidence" that she wanted to die. The problem is, no matter how many times you review these statements, his family says they remember Terri saying she wouldn't want to be kept alive by artificial means, her family saying she wouldn't want to die, others who remember MS saying he had no idea what she would want because they never discussed it. There's also the conundrum of "food & water" not legally considered treatment at the when Terri made her alleged statements (I certainly don't think of food and water when I think of artificial means) and the matter of her religion which forbids ending one's life this way. Her husband says her religion wasn't that important to her, but her actions tell a different story as she went to church weekly (IIRC she had even been to church the night of her collapse).
While Greer did rule in favor of MS, we do know that one of the people testifying on the "life" side had her testimony discounted because he had confused the dates. He says this wouldn't have made a difference, but one of the reasons he deemed the Schindler's POV less credible is because he had few definitive statements Terri made to them or her friends when she was an adult...his "mistake" meant that this friend's very clear recollection wasn't even considered. Even so, what it boils down to is that it's all heresay. The only two people who didn't have a vested interest were the guardians ad litem. While they did not come to the same conclusions regarding Terri's right to live or die, the one area they did agree on is that, because of his 2nd family, MS shouldn't be given guardianship because it was a conflict of interest. On the other side, there's MS's contention that the Schindlers only wanted Terri kept alive because of the money. As her guardianship would have been given to her brother, her parents wouldn't have been given access to what remained of her funds anyway. But, had there been any doubt, Greer could have chosen a third party to manage her money. It's done all the time, as a probate judge, he would be well aware of this.
We also can't be certain that Terri was PVS. Since she wasn't given the full battery of tests necessary for a diagnosis it's pretty obvious that doctors on both sides could only make their "best" guess (though to their credit, at least the Schindler's doctors requested these tests be performed). We do know that before her therapy was stopped, Terri was making progress. This is verified by her medical records, it's not heresay. Incidentally, eventhough MS had all therapy stopped, this was a violation of the law which requires all disabled people to receive occupational and/or physical therapy. At this point, we can only speculate whether or not continued progess would have been made. There are just too many unknowns to be making such a permanent decision about another person's life. Unless she regained full consciousness (a possibility since there are documented cases) it would never be too late to rule Terri should die, but there did come a point when it became too late for her to live. Had Greer ordered ALL necessary tests performed on Terri (hopefully by a neutral doctor who didn't favor one side or the other), or even had therapy continued so there would be a record of her progress (or lack of) Judge Greer's decision (and the rubberstamping by the rest of the judiciary) wouldn't have seemed as suspect. If judges have the power of life or death over their fellow citizens, then they better base their decisions on the very best and most up to date information available. Consider it overly emotional if you wish, but I believe his obligation was greater in Terri's case because she was unable to speak for herself.
Cindie
For more than you ever wanted to know about the euthanasia movement, George Soros, and the Robert Woods Johnson Foundation, see
http://www.lifetree.org/timeline.html
Side topic. I know we've established that Mae is in Georgia and this is a Georgia matter but my daughter is in Alabama. Not too terribly far from Anniston where someone said the siblings and nephew lived. And I think someone said Mae is from there. So, would it help if I contacted my daughter in Alabama tomorrow and asked her to make some Alabama legislative calls tomorrow. Also, maybe she could report elderly abuse in Alabama. After the discussions that our family has had over Terri, I feel fairly certain that my daughter would do it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.