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***
Spring break is definitely a possibility. Also, it has been my experience that it is hard to get ahold of people in D.C. on Friday....they seem to think Fridays are a holiday up there, anyway, I will try calling DC on my lunch hour, which is in about 30 minutes.
OKAY DONE WITH SHOWER
Focus on the Family just called me- lloking for Ken--LOL!
I was literally talking to them IN THE SHOWER!
But- Focus on the Family is on the task-- supposed to be having an interview with Ken---
Ken may be at the Hospital with his mother!
GOD give us the wisdom to do what is effective.
Lord send your angels out before us to set the path for your righteous victory.. ARM US WELL
In the name of Your Son, and Our Savior, AMEN!
Praise God that Focus on the Family is on this case. They are wonderful and will shine the light on this murder. Watch the cockroaches scatter!
May God bless you for all you are doing for this family and this life. Please remember to take care of yourself through all of this, we need you.
anyone have the number for focus on the family----
It is an unreachable number to call them back...
oy!!
I made about 6 phone calls so far. Started with AG's office. Very nice woman assured me their office has received several calls about Mae and is now looking into the situation. We'll see.
Contacted GA Div. Aging Services - 404-657-5258
Nice woman. Asked me to email her the WND article which I did.
Next called Mayor Jeff Lukken's office. His woman asst. was incredibly hostile. She had obviously heard something about Mae but feigned ignorance. She tried to dust me off saying the Mayor is out til Monday. But I insisted that she would want the facts and asked if I could have the office fax number. She reluctantly rattled it off and hung up. I sent a cover sheet, the WND article, and Ken Mullinex's latest update about Mae's sister.
Office of Mayor Jeff Lukken
LaGrange, GA
PHONE: 706-883-2010
FAX: 706-883-2020
I do not understand this comment, eeevil....whose follow-up e-mail?
All I have is what is one their website:
800-232-6459
719-531-3400
Nothing is settled in this case until my Aunt Mae is given nourishment and fluids! This is far from settled and far from over. The doctors did not meet Monday...that is Bull!
They finally spoke on Wednesday and again today AND STILL NOTHING IS SETTLED OR DECIDED BETWEEN THEM. Every day they vacillate, my Aunt Mae grows weaker and closer to death.
Sure, we attended an emergency guardianship petition hearing before Judge Boyd on Monday, April 4. However, the Judge would barely allow our attorney, Jack Kirby, to speak and would not even allow our attorney to cross examine Mae Magourik's attending Physician, Dr. Stout, so as to ask the doctor if he would agree that there are alternative treatments to a dissected aorta which are not surgery (my Mom has had the same condition of a dissected aorta as her sister Mae and we know that Mae CAN BE successfully treated without surgery) but Probate Judge Boyd WOULD NOT allow our attorney to ask that question. Even though Beth Gaddy's forces state that the dissected aorta is the major reason they put her in Hospice.
So although we have a sort-of compromise, I am not holding out any hope especially since two of the three probate court appointed cardiologists are from the small clannish town of LaGrange, Ga.
This Judge has been NO HELP and has acted hostile and indifferent to our actions to keep my Aunt Mae alive. And what if the two LaGrange Ga. doctors rule against my Aunt? Should we just lay back and allow her to be WITHHELD NOURISHMENT AND FLUIDS? Heck No!!!
So although this Probate Judge is a slick talker, he has definitely not been on the side of life in this matter...however that is just my opinion. Judge Boyd has NEVER ATTENDED LAW SCHOOL yet he is a Probate Judge who has the power of life and death in these matters. But Ga. Law allows a probate judge to be a non lawyer and that is just not right. That issue is my next cause!!! So remember when you talk to this Judge Boyd...he is a slick politician...he runs for election...he may seem nice and say the right things however the one right thing he could say is that he is going to enforce Mae Magouirk's Living Will stipulations and make sure she has substantial nourishment and fluids to keep her alive....
Remember: MAE IS NOT TERMINAL...COMATOSE OR IN A VEGETATIVE STATE SO WHY IS JUDGE BOYD ALLOWING HER TO STAY IN HOSPICE???
In closing, examine the contradictions in Judge Boyd's own court writing which bears his signature. In Boyd's petition for the appointment of a temporary emergency guardian for my Aunt Mae, he writes, in "Probate Court Estate Ruling 138-05" the following:
"That a clear and substantial risk of death and or serious physical injury can occur to the proposed ward "Mae Magouirk" UNLESS she stays in HOSPICE at West Georgia Health Systems."
A RISK OF DEATH WILL OCCUR TO HER UNLESS SHE STAYS IN HOSPICE? Is he whacky or what??? Hospice is a home for the dying...Hospice is death. Who does he think he is fooling?? Now do you see what we are going against with this man and now do you she why I will not sit on my hands while these doctors he has appointed finally get around to acting.
EVERY DAY THESE DOCTORS WAIT TO DECIDE, MY AUNT MAE INCHES CLOSER TO DEATH!!!
Act now....I so need everyone to stay on these folks. The light of your involvement and public SCRUTINY will embarrass these folks who embrace the culture of death and thus will allow us to give Mae the proper medical care she deserves.
ACT NOW...KEEP THE PRESSURE ON THEM...DON'T FALL FOR THEIR PROPAGANDA. They want you to feel this is over....THE HELL IT IS!
Ken Mullinax
Nephew of Mae Magouirk
(God bless Richard Bingham/Steve LeFemine/David Kirkland/The Christian Coalition of Ga./The Catholic Archbishop of Ga./all of you bloggers!!!)
Yipeeeeeee~~!!!!!!
I e-mailed Focus on the Family last night and they responded to me today....!! didn't say anything in particular except that they were referring it to on of their departments for follow-up I suppose!!!!
This is a copy of Terri's "exit protocol" signed by a hospice staff named Lisa Miller) on April 19, 2001.
http://web.tampabay.rr.com/maryspage/Exit%20Protocol%204.2001.pdf
Copy of Symptom Management Orders signed by Dr. Victor Gambone on April 20, 2001.
http://web.tampabay.rr.com/maryspage/exit%20protocol%20part%202%20w%20Gambones%20signature.pdf
Mike Leavett
Secretary
The U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201
Telephone: 202-619-0257
Toll Free: 1-877-696-6775
i JUSTT ALKED TO THEM
LEFT A MESSAGE FOR THE ONE WHO CALLED ME- ON HIS VOICEMAIL--
I WILL LET YA'LL KNOW SOMETHING AS SOON AS I DO!
Here's the URL of the on-air interview of the 81 year old woman's nephew:
http://www.glennbeck.com/audio/free-audio.shtml
My Senators and Reps have been contacted. We all also need to put this story in front of our local talk radio show hosts.
LET'S ALL GET ACTIVE!
When do the schools in GA observe spring break?
I tried to explain this very thing to my mother-in-law over Easter weekend. She totally poo-pooed the notion. I guess I'll have to leave it up to my husband to let her know about this case. She won't want to hear it from me. :-(
DANG!
Has anyone kept a running list of ALL THE numbers faxes and email addy's??
ONE LIST WITH ALL OF THEM???
I am going nutz here trying to answer emails- phone- get info out etc...
You've hit the nail on the head here. This *really* should be the wake up call to what our society condoning the killing of babies has created. I pray that folks wake up to this.
Kewl...let me know what Focus says (I should have said I e-mailed them first thing this a.m......my sense of time is getting blurred)...and they e-mailed me back by 1:00 or so this afternoon.
Great job...
Gees I wish one of us could be the phone detail for Kenneth at this point. He obviously has reason to be overwhelmed. Prayers for him too.
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