Among the affidavits filed by the Schindlers, however, the most significant evidence comes from Dr. Fred Webber. Dr. Webber is an osteopathic physician practicing in Clearwater, Florida, who claims that Mrs. Schiavo is not in a persistent vegetative state and that she exhibits "purposeful reaction to her environment." He swore under oath as follows:
"Within the past year, I have treated patients with brain defects similar to Mrs. Schiavo’s. In most cases, using cardiovascular medication style of therapy, my patients have shown some improvement, although the degree of that improvement is variable. By "improvement" I mean cognitive and physical items such as speech recovery, enhanced speech clarity and complexity, release of contractures, and better awareness of the patient’s surroundings. In my opinion and judgment, based on my 26 years of practice, Mrs. Schiavo has a good opportunity to show some degree of improvement if treated with this type of therapy, although I cannot anticipate how much improvement."
The 2nd District Appeal Court remanded to the trial court to hold a medical evidentiary hearing. They made this move based on Webber's degree of specificity of predicted improvement of cognitve function.
Hammesfahr and Maxfield, the Schindlers' doctors, wouldn't back up his prediction of improved cognition. Hence, nothing near to a "preponderance of evidence" that Terri could expect improved cognition.
Please correct if I don't have the court's reasoning right.