Schiavo life fight waged in Tampa court, state capitol

herald tribune/ap ^ | 10-20-03 | VICKIE CHACHERE

[MarMema]

TAMPA, Fla. --

A watchdog agency for the disabled pleaded Monday with a federal judge to keep a brain-damaged woman in the process of starving to death alive long enough to investigate a claim that she is being abused by her husband.

The court argument came on a day of frantic activity from Tampa to Tallahassee by backers of Bob and Mary Schindler's efforts to keep their daughter Terri Schiavo alive and reverse a court order which is allowing their son-in-law to end her life with last week's removal of a feeding tube.

U.S. District Judge Steven Merryday did not immediately rule on the request for an injunction from the Advocacy Center for Persons with Disabilities, the state-appointed organization which monitors the treatment of disabled adults in Florida. Merryday said he intends to issue a decision by the day's end.

Gordon Scott, an attorney for the Tallahassee-based organization, wants a 10-day injunction to give it time to investigate whether the removal of Terri Schiavo's feeding tube is an act of abuse. Scott said after talking to her parents and a neurologist, he is not convinced that Terri Schiavo is in a persistent vegetative state and is not feeling pain from starvation and dehydration.

Scott said his agency has a right to investigate whether Terri Schiavo was mistreated regardless what the judge rules, but wanted to keep her alive in the event the investigation turns up evidence she can feel what is happening to her. He didn't specifically ask that the feeding tube be reinserted, but that doctors do what is needed to keep her alive during the investigation.

George Felos, Michael Schiavo's attorney, said the federal judge has no jurisdiction to involve itself in the case and characterized the group's efforts as yet another attempt to undo repeated state court rulings giving Michael Schiavo permission to carry out his wife's wishes.

Michael Schiavo ordered his wife's feeding tube removed last Wednesday following a long-legal battle with his in-laws over her fate. Terri Schiavo suffered severe brain damage in 1990 following a heart attack and has been declared by a Pinellas Circuit Court judge to be in a persistent vegetative state.

Michael Schiavo has said his 39-year-old wife never would have wanted to be kept alive artificially. Her parents contend she has enough brain function to respond to them and express emotions.

Meanwhile, at the Pinellas Park hospice where Terri Schiavo is being cared for, her family said Terri Schiavo appears to be in stable condition.

"She seems to be alert," said her brother, Bob Schindler Jr. "But every day that goes by, we're getting into a crucial time for her. She's got an incredible will to live."

In Tallahassee, some lawmakers who gathered for the special session on economic development issues on Monday discussed trying to pass legislation that could save Schiavo's life.

House Speaker Johnnie Byrd, R-Plant City, said negotiations were under way to see if some kind of a moratorium could be passed Monday to keep Schiavo alive.

Lawmakers were eyeing "moratorium on the removal of nutrition and hydration from those who do not have a written directive and where there's a contest among the family about how to deal with this," Byrd said.

"So it would be a very, very narrow approach, but it would be one that would apply to Terri's case," he said.

Senate President Jim King, R-Jacksonville, said he was not in favor of taking up the Schiavo case.

"Our family prays that the members, including Senate President Jim King, will put any politics aside and approve this bill for the sake of Terri's life and also for the sake of future Terri Schiavos," said sister Suzanne Carr.

Gov. Jeb Bush told the Schindlers that his staff would search for legal ways to save their daughter's life, but they haven't yet found a way.

"The legal ways, the remedies, don't exist," Bush said Monday. "We've tried every possible legal remedy and have been shut down by the courts."

Bush said he's done everything he can.

"I wish I could wave the magic wand and resolve this but every effort that we've had or every effort that has been proposed has either been thwarted by the courts or would be inappropriate," he said.

Attorneys last week crafted a motion to compel Bush to order an investigation into their allegations that Michael Schiavo has abused his wife. They wanted him to order to the tube reinserted so law enforcement can investigate, but two separate state courts rejected the motion.

[BushCountry]

Tallahassee office: Room 300, Senate Office Building, 404 S. Monroe St., Tallahassee, FL 32399-1100. Phone: (850) 487-5030. Fax: (850) 487-5368.

E-mail: king.james.web@leg.state.fl.us

[MarMema]

Whatever happens we need to stay with us, if nothing else so that we are not all here again trying to put out another last minute fire. Even if we lose Terri, let's see what we can do to stop the next death.

[Yaelle]

Indeed! FIRST, DO NO HARM, physicians!

Anyone could say that the injured "didn't want to live like this." Isn't that like saying "Joe really wanted all his money to go to me" in the absense of a will?

[diamond6]

No apologies necessary. You're up on the forefront fighting this war. We are all very grateful to you.

I think I am going to go cry for a while. Talk to you guys later.

[Marie Antoinette]

Yes, we need to be in this for the long haul. Even if it is too late for Terri, there will be many others.

In my state (MO), the default Living Will prohibits removal of hydration and nutrition. If somebody WANTS to be starved and dehydrated, they have to specify so in an advanced directive generally. Unfortunately, I also read that there was the "clear and convincing evidence" clause somewhere in there :-( Which is exactly what was used in Terri's case (and Cruzan before her) :-(

[diamond6]

"Merryday said he intends to issue a decision by the day's end."

Court's usually close at 5:00. Does this mean 5:00 or later I wonder?

[stanz]

Thanks for posting King's picture. Do you think he has any idea of what food deprivation feels like?

[Aracelis]

FIRST, DO NO HARM, physicians!

Sadly, most physicians don't take the oath anymore...

Oath of Hippocrates "Above All, Do No Harm"
I swear by Apollo the physician, and Aesculapius, and Hygeia, and Panacea and all the gods and goddesses, making them my witnesses, that I will fulfill, according to my ability and judgment, this Oath and covenant: To hold him, who has taught me this art, as equal to my parents, and to live my life in partnership with him, and if he is in need of money to give him a share of mine, and to regard his offspring as equal to my brothers in male lineage, and to teach them this art if they desire to learn it without fee and covenant; to give a share of precepts and oral instruction and all the other learning to my sons and to the sons of him who has instructed me, and to pupils who have signed the covenant and who have taken an oath according to the medical law, but to no one else. I will apply dietetic measures for the benefit of the sick according to my ability and judgment; I will keep them from harm and injustice. I will neither give a deadly drug to anybody if asked for it, nor will I make a suggestion to this effect. Similarly I will not give to a woman an abortive remedy. In purity and holiness, I will guard my life and my art. I will not use the knife, not even on sufferers from stone, but will withdraw in favor of such men as are [skilled] in this work. Whatever houses I may visit, I will come for the benefit of the sick, remaining free of all intentional injustice, of all mischief, and in particular of sexual relations with both male and female persons, be they free or slaves. What I may see or hear in the course of treatment or even outside of the treatment in regard to the life of men, which on no account [ought to be] spread abroad, I will keep to myself, holding such things shameful to be spoken about. If I fulfill this Oath and do not violate it, may it be granted to me to enjoy life and art, being honored with fame among all men for all time to come; if I transgress it and swear falsely, may the opposite of all this be my lot.

[EggsAckley]

Thanks for the ping. There's been so little on the forum about this today.

If I were a Schindler family member, I would have someone (on their side) in that room watching everything that is done to Terri at this point. I wouldn't put it past that sicko hubby to do something to "speed things up" at this point.

[Graymatter]

I hope somebody's reading that out loud on the hospice lawn.
Oh, I forgot...they're not allowed on the lawn. Might kill the grass.

[Agnes Heep]

If somebody WANTS to be starved and dehydrated, they have to specify so in an advanced directive generally.

For my part, I don't think anyone has the right to make such a request, even on his own behalf. The effects are too corrupting, and it tends to reduce an individual to the status of property.

[katnip]

If I were a Schindler family member, I would have someone (on their side) in that room watching everything that is done to Terri at this point

The Schindlers are not allowed to be in the room unless the beast says so and he is with them.

He does have his girlfriends mother there making sure no one feeds Terri or gives her a pillow though.

[Ragtime Cowgirl]

Terri's Bill was not introduced in the special session, according to Dr. Dobson on Sean Hannity right now.

The law is an ass.

[A. Patriot]

Here is a copy of the amended call for the special session that Jeb issued today on Monday, Oct. 20th. Note, it doesn't say anything about "Terri's Bill". This is exactly what I heard read on the house floor over the internet today.

If Florida is like my state and I think it is, the Legislature in special session can only address those items in the Governor's "call". If Jeb doesn't inlcude it, they can't consider it. Unless I am missing something, it isn't in the call.

He really does care. /sarcasm

---

PROCLAMATION
State of Florida
Executive Office of the Governor
Tallahassee
WHEREAS, on October 9, 2003, I called a Special Session commencing at 12:00 p.m. on Monday, October 20, 2003, and extending through 5:00 p.m. on Friday, October 24, 2003; and

WHEREAS, the purpose of this Special Session is to convene the Legislature to consider legislation relating to the use by the State of Florida of one-time only funds provided as part of the President's economic stimulus package for use in several major new and existing economic development opportunities; and

WHEREAS, it is in the best interest of the people of the State of Florida to expand the scope of the call for this Special Session;

NOW, THEREFORE, I, JEB BUSH, Governor of the State of Florida, by virtue of the power and authority vested in me by Article III, Section 3(c)(1), Florida Constitution, do hereby proclaim as follows:

The call to the Legislature of the State of Florida for this Special Session is expanded for the sole purpose of considering the following:


Legislation to reenact the Biomedical Research Trust Fund in the Department of Health, which serves as a repository for funding for research grants relating to the prevention, diagnosis, treatment, and cure of diseases.


Legislation creating exemption from public records and open meeting requirements for certain information held by the Scripps Florida Funding Corporation and the Office of Tourism, Trade and Economic Development; and legislation amending the public records exemption of Section 288.1067, Florida Statutes, to include the Economic Investment Mega Fund program.


Legislation to appropriate the one-time unclaimed lottery prize ($30.1 million cash value) to the Dr. Philip Benjamin Matching Grant Program for Community Colleges and to the University Major Gifts Program.


To consider and pass by joint resolution the interim state redistricting plan entered by the federal court to remedy the objections of the Department of Justice under Section 5 of the Voting Rights Act.




IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed to this Proclamation convening the Legislature in Special Session at the Capitol, this 20th day of October, 2003.

[giotto]

Here's the modern version, used today in many medical schools:

Hippocratic Oath -- Modern Version

I swear to fulfill, to the best of my ability and judgment, this covenant:

I will respect the hard-won scientific gains of those physicians in whose steps I walk, and gladly share such knowledge as is mine with those who are to follow.

I will apply, for the benefit of the sick, all measures which are required, avoiding those twin traps of overtreatment and therapeutic nihilism.

I will remember that there is art to medicine as well as science, and that warmth, sympathy, and understanding may outweigh the surgeon's knife or the chemist's drug.

I will not be ashamed to say "I know not," nor will I fail to call in my colleagues when the skills of another are needed for a patient's recovery.

I will respect the privacy of my patients, for their problems are not disclosed to me that the world may know. Most especially must I tread with care in matters of life and death. If it is given me to save a life, all thanks. But it may also be within my power to take a life; this awesome responsibility must be faced with great humbleness and awareness of my own frailty. Above all, I must not play at God.

I will remember that I do not treat a fever chart, a cancerous growth, but a sick human being, whose illness may affect the person's family and economic stability. My responsibility includes these related problems, if I am to care adequately for the sick.

I will prevent disease whenever I can, for prevention is preferable to cure.

I will remember that I remain a member of society, with special obligations to all my fellow human beings, those sound of mind and body as well as the infirm.

If I do not violate this oath, may I enjoy life and art, respected while I live and remembered with affection thereafter. May I always act so as to preserve the finest traditions of my calling and may I long experience the joy of healing those who seek my help.

Notice: no mention of not using abortive potions; the curious phrase about the power to take a life; and no repurcussions for violating the oath.

[syriacus]

Thanks, Marmema.

Michael Schiavo

It couldn't be too incorrect, to treat somebody with respect.
What kind of harm would have been done
If Mike let Terri feel the sun?
Her wheel chair (broken), has loudly spoken
Of hopes Mike's wrecked.... and sad neglect.

If she's "not there"
Mike shouldn't care
If all the world were made aware
Of test results
and brain insults
And how they happened to be there.

[agrace]

Thanks for the ping. I read about this buried in another article about the legislature earlier this morning, great to read so many additional details. Will stay close to hear when this judge rules. Something has to give, and I'm afraid that it'll be Terri soon.

Dr James Dobson was just on Sean Hannity's radio show - came out very strong for Terri, really presented her case well, got a number of details out there, like the fact that she is not PVS, that she reacts to people, tries to speak etc. Said if someone tried to starve a dog in FL they'd be arrested. Said she cannot be allowed to die. They also discussed the fact that she was denied communion. That part really gets under Catholic Hannity's skin. It should be an outrage on a national level, imo. Oh wait, never mind, we're talking about Christians, I forgot. </ rolling eyes>

[Greybird]

Magic wands -- of the assertion of executive authority. That's what too many want in this case, rather than the rule of law.

And when yet another precedent of arbitrary power is set and a Republican is no longer in charge in Tallahassee (or in Washington), what good will it do you (or all of us)?

[syriacus]

ping

[syriacus]

ping