Recent lawsuit, August 30, 2003 ---
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
Civil Action No.: 8:03-CV-1860-T-26-TGWROBERT SCHINDLER and MARY
SCHINDLER, as parents
and next friends of Theresa Marie
Schindler Schiavo, an
incompetent ward ...[snip]
VERIFIED AMENDED COMPLAINT
[snip]
FACTS COMMON TO ALL COUNTS
[snip]
23. At the trial of the medical malpractice suit, defendant Schiavo swore that he
would use any recovery of pecuniary damages to take care of Terri for the remainder of
her life. He testified that he was going to become a nurse and devote his whole life to
taking care of her. He presented a detailed rehabilitation plan to the jury, a plan devised
by a rehabilitation specialist.
Previous lawsuit of September 22, 2002 :
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
Civil Action No.: 8:03-CV-1860-T-26-TGW
THERESA MARIE SCHINDLER
SCHIAVO, Incapacitated, by her
Parents and Next Friends, ROBERT
and MARY SCHINDLER,[snip]
20. In January, 2000, the Petition was tried to Hon. George W. Greer. No
attorney, no guardian ad litem, or any other independent voice represented
Terri at this trial. At this trial, Schiavo remembered, for the first time, that
Terri had told him sometime during the 1980s that she would not want to
survive on "anything artificial."
In the following, the expressed wish of the people of the State of Florida, as it is made law by our democratic-republican process; the 2003 Florida Statutes
Title XLIII
DOMESTIC RELATIONS Chapter 744
GUARDIANSHIP View Entire Chapter
CHAPTER 744
GUARDIANSHIP ........
......EXCERPTS:
744.1012 Legislative intent.--The Legislature finds that adjudicating a person totally incapacitated and in need of a guardian deprives such person of all her or his civil and legal rights and that such deprivation may be unnecessary. The Legislature further finds that it is desirable to make available the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs. Recognizing that every individual has unique needs and differing abilities, the Legislature declares that it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and in developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in her or his own behalf. This act shall be liberally construed to accomplish this purpose.
(This excerpt is from the statutes and was researched by the efforts of Freeper, Ethan_Allen.)
The Constitutional laws in the United States are made by the people, through the democratic-republican process, not by judges. Judges do not make laws; they only have limited, specific authority to apply a situation to law(s) and laws to a situation, thereby establishing a precedent for when comes the next like juncture in a court of law.
The intent of the people of the State of Florida is clear:
Err on the side of the glass is half full ---> "[t]this act shall be liberally construed."
The in court testimony and behavior of Michael Schiavo simply demonstrates that he had no knowledge of Terri's personal wishes regarding her last willing, and upon his ignorance of that, he swore that he would devote his resources and his life to her life, doing so to the end of his life.
It's on the record --- his testimony.
Years later, in 2000, Michael Schiavo reversed himself and swore that he had known that she would not "want to live that way."
Now, Michael Schiavo either lied in first court proceeding, in order to swindle some people out of their money, by using the justice system to force such payments, or he lied in 2000 about her alleged wishes regarding her last willing.
There is plenty of information upon which to investigate Michael Schiavo for working against the best interests of his wife, Terri.
Affidavit of Carla Iyer, nurse who cared for Terri Schiavo from April 1995 to July 1996
FR page about Terri Schiavo. It includes affidavits by some of the nurses who cared for her, as well as excerpts from the parents' lawsuits on her behalf:
The pages start with nurse Carla Iyer's affidavit. Carla Iyer's license indicates that she is still practicing --- see Reply 53.Michael Schiavo's sworn testimony that he would spend the rest of his life taking care of Terri --- see Reply 105, item 23 therein.
Nurse Carolyn Johnson's affidavit --- see Reply 78.
Nurse Heidi Law's affidavit --- see Reply 86.
The first time in court, that Michael Schiavo recollects that Terri allegedly had expressed some wish that she would not want to live, was in the year 2000, ten years after her initial medical emergency --- see Reply 124, item 20 therein.
A bone scan ordered by a doctor, and performed on March 5, 1991, just over a year after her initial medical emergency in February 1990, concluded that she suffered from a history of bone trauma --- see Reply 221.
They seem to imply that Schiavo changed his mind about medical care for Terry after he testified in the original malpractice suit.
Schiavo has admitted that he was also fanatical about giving Terry's the best care available for many years, even experimental care.
Schiavo has also said that he changed his mind after hitting a brick wall numerous times, all those treament never improved Terry's condition.
Of course, the Schindlers assign more sinester motives to the husband. Since the Schindlers are involved in current legal litigation againt Schiavo, such nastiness is expected.
As I posted before, I saw first hand a divorce battle between one of my best friends and his wife. The vile anger coming out of those beautiful, nice people was shocking, to put it mildly. The court system seems to bring the worst on people, even the nicest folks.
The bottom line is that the courts have reviewed all this testimony, and the courts have found Schiavo's testimony to be credible.
Terri's Army ping! If you want on or off this list, please let me know.
AFFIDAVIT STATE OF ILLINOIS COUNTY OF COOK BEFORE ME the undersigned authority personally appeared Sara Green Mele, MS, CCC-SLP, who being first duly sworn, deposes and says:
1. My name is Sara Green Mele, and I have been engaged in the continuous private practice of speech-language pathology since 1996, and have served on the staff of the Rehabilitation Institute of Chicago from 1996 to 1999 and from 2001 to the present. Prior to that I practiced cognitive therapy at Baylor Institute for Rehabilitation in Dallas Texas. In both settings I worked with the broad range of brain injured populations.
The Rehabilitation Institute of Chicago is affiliated with Northwestern University Feinberg School of Medicine, and is recognized in the United States rehabilitation community as the top facility in the United States. The Baylor Institute for Rehabilitation is affiliated with Baylor University Medical Center, and is recognized in the United States rehabilitation community as one of the top ten facilities in the United States.
I am a clinical lecturer at Northwestern University Feinberg School of Medicine, and lecture for continuing medical education credits (CME) through the Rehabilitation Institute's continuing education program as well as at national conferences.
In April of this year I participated in the presention of a two-day head injury course entitled Interdisciplinary Rehabilitation Management in Traumatic Brain Injury to over two hundred health professionals in Tampa, Florida. My full curriculum vitae is attached.
2. In my practice, I treat many patients who have had diffuse brain injury, both anoxic and hypoxic, and I am familiar with states of impairment known as coma, coma-like, minimally conscious and persistent vegetative state. I regularly participate in the evaluation and cognitive/linguistic diagnosis of patients whose differential diagnosis include such conditions. In connection with my practice of speech-language pathology, I also evaluate patients, and train others in the evaluation of patients for swallowing function. During my career as a speech-language pathologist, I have personally treated approximately thirty patients similar to Terri Schiavo.
3. In evaluating patients for rehabilitation, the Rehabilitation Institute of Chicago does not track the diagnosis of patients by their referring caregivers, but rather evaluates them for itself because the misdiagnosis rate is so high.
4. While I have not physically examined Terri Schiavo, I have looked at her medical records at MediPlex covering the period from January to July of 1991, including physical therapy, speech and language therapy, and occupational therapy.
Also, I have studied the video clips presented at the October 2002 Medical Evidentiary Hearing, along with audio recordings of Terri Schiavo interacting with her father in November of 2002.
The observations that follow are all within the parameters of speech-language pathology, and are similar to the observations that I am called upon to make regularly in the course of treating patients as a speech-language pathologist.
All conclusions are based on standards used in the speech-pathology profession in the treatment of patients such as Theresa Schiavo.
5. Based on my experience and my observations, Mrs. Schiavo is clearly aware of her environment and interacts with it, albeit inconsistently.
She is able to comprehend spoken language, and can, at least inconsistently, follow simple one-step commands.
This is documented both in the MediPlex records and in the following behaviors noted in the following video segments: C 01 (Examination of Dr. Cranford on July 9, 2002) -
Terri appears to respond to her mother's voice, although there is not much to differentiate between a generalized and localized response in this clip. C 02 (same exam as above) - Terri appears to track a balloon. This is difficult to verify with complete certainty for two reasons. First, many of the camera shots are too "tight" on Terri's face to be certain of the location of the balloon.
Second, Dr. Cranford presents a great deal of information to Mrs. Schiavo very quickly. Even moderately brain-damaged patients have severe difficulty responding that quickly to commands. Such patients display a significant delay in processing, which Dr. Cranford does not seem to allow for. In the same clip, Terri appears to move her head toward Dr. Cranford's voice, despite limited motor ability. Clearly, once her head is positioned, she appears to move her gaze toward a voice. M 01 (Examination of Dr. Maxfield 9/4/02) - Although it is difficult to hear on the video, Terri appears to respond to the sound of her mother's voice on a cell phone held to her ear. Additionally, Terri appears to move her head as well as her eyes in tracking a balloon. M 03 (same exam as above) - Terri appears to have a purposeful laugh in response to the story from her childhood as related by her father in the video. This would appear to be an appropriate emotional reaction to latent memory. H 01 (Examination of Dr. Hammesfahr 9/3/02) -
Although Terri seems to fixate on the source of the music, there is little response until she hears her mother's voice, at which time she smiles and moans purposefully. H 04 (Same exam as above) - A loosening of Terri's muscular tone appears to be a result of a soothing effect on Terri of her father's voice.
This could indicate recognition of the voice as her father's, and an appropriate emotional response. Later in this clip, Terri's behavior of looking first at Dr. Hammesfahr and then at her mother appears to be responsive to the request that she do so.
When she opens and closes her eyes, she clearly appears to be following the commands of Dr. Hammesfahr to do so, although she cannot engage in this behavior consistently . H 09 (Same Exam as above) - Terri appears to keep her eyes closed on command, but it would be helpful to assess in other venues, such as relative to her neck position and visual stimulii. H 11 (Same exam as above) - Terri appears to track a balloon but appears to be challenged by motor deficiency to move past midline. This could be secondary to an oculomotor dysfunction.
6. Terri is clearly vocalizing. She does not appear to vocalize at random during these examinations. Her vocalizations are generally purposeful and usually in response to specific environmental stimuli, most particularly family members.
7. Over the years since her injury, Terri has infrequently spoken audible words. The records of MediPlex reflect the fact that she has said "stop" in apparent response to a medical procedure being done to her. The family reports that they have heard Terri say "ugh-hugh," ugh-ugh," and "No" on a few occasions.
8. Since the time of the medical evidentiary hearing in October of 2002, family members have made a concerted effort to encourage Terri to vocalize, and have attempted, as laypersons, to coach her in basic speech. Most prominently, they have coached Terri in trying to say "yea", as a way in which she may answer "yes" to questions.
The family has an audiotape recorded in November of 2002 in which Terri vocalizes in apparent response to her father. Her vocalizations include repeated sounds which approximate the word "yeah," in the same manner in which she was coached. Prior to that time, no member of her family recalls Terri being able to approximate the "yeah" sound. I cannot conclude that Terri can accurately answer a yes/no question without the therapy suggested below.
9. The apparent addition of an approximation of the word "yeah" to Terri's repertoire of responses is clearly a learned behavior. Her use of this sound on the audiotape is apparently in response to her father. It is reasonable to conclude that Terri is trying, despite her motor deficits, to speak as best she can.
Terri is clearly a suitable candidate for speech-language therapy.
10. NOTE: It is not my opinion that Mrs. Schiavo is in a coma or in a persistent vegetative state. In my opinion, she exhibits purposeful though inconsistent reactions to her environment, particularly her family.
Her eye movements, easily observed on the videotape, are particularly suggestive that she recognized family members and responded. She also appeared to have sufficient sustained attention to track a balloon.
It is * not * my opinion that these behaviors are merely reflexive. The entire range of behaviors listed above, and each and every one of them, are inconsistent with a diagnosis of persistent vegetative state.
11. Even without the benefit of any medical treatment which successfully improves this patient's organic medical condition or cognitive abilities, in my opinion Terri would benefit from speech-language therapy, physical therapy and occupational/recreational therapy. Her ability to interact with her environment and her ability to communicate can be enhanced.
Her quality of life can be significantly enhanced.
12. I would specifically recommend that Terri be given access to a system known as an environmental control system. We use such systems at the Rehabilitation Institute of Chicago to permit patients such as Terri to exercise control over their environment, such as to turn their television or radio on or off, change channels, and to control volume. Such environmental controls may also permit Terri to control room lighting. In my opinion, Terri could make use of such a system if it were made available and she received training in its use.
I would further recommend that a yes/no system be implemented, and that Terri be trained in its use from the beginning of her rehabilitation regimen. Such a system could permit Terri to more effectively communicate.
13. It is apparent that Terri has sufficient swallowing ability to handle her own secretions, therefore it would be my recommendation that she receive a modified barium swallow study to assess swallow function for intake trials of thin and thick liquids and pureed consistencies. It has been my experience that patients similar to Terri have been able to accomplish food intake. This would permit Terri greater interaction with her family and in social situations through the enjoyment of mealtimes. I have worked with numerous disabled patients who have expressed to me that being able to eat would make the difference between their desiring to live or die.
14. It is my judgement based on my training and clinical experience working with patients similar to Terri that she would, within a reasonable degree of clinical probability, be able to improve her ability to interact with her environment, communicate with others, and control her environment if she were given appropriate therapy and training as outlined above.
These recommendations, in my opinion, would greatly improve Terri's quality of life. FURTHER AFFIANT SAYETH NAUGHT. Sara Green Mele, MS, CCC-SLP 1
....................END OF AFFIDAVIT.......
So Ambrose...has Terri ever been given a chance? How would you feel as Terri's mom or dad, knowing that Terri had these possibilities, experienced her yearning to communicate, and had to face a tortuous son in law who could give a rat's ass about your dtr's very life?