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New Guardian Urged for Terri Schiavo, More Evaluation of Her Condition Needed
LifeNews.com ^ | December 2, 2003 | Steven Ertelt

Posted on 12/02/2003 11:28:31 AM PST by nickcarraway

Tallahassee, FL (LifeNews.com) -- An independent guardian appointed for Terri Schiavo told Governor Jeb Bush Tuesday that she deserves a permanent guardian other than her estranged husband Michael. He also claimed Terri is in a permanent vegetative state, but added that she should be re-evaluated by experts.

Under Terri's Law passed by the state legislature, an independent guardian was authorized to provide Governor Bush with recommendations about Terri's situation.

On October 31, Chief Pinellas-Pasco Chief Judge David Demers appointed Dr. Jay Wolfson, a professor of health and law at Stetson University in Florida, as Terri's guardian ad litem, despite the suggestion of bias from Terri's family.

Wolfson submitted a lengthy thirty-page report to Bush on Tuesday.

According to a source familiar with the report, Wolfson describes Terri as being in a persistent vegetative state. However, numerous doctors say otherwise and videos made by Terri's parents show her responding to doctors and her family.

Dr. William Hammesfahr, a neurologist from Clearwater, where Terri was hospitalized, is a recognized national expert on PVS and is a Nobel prize nominee. He says Terri's eyes clearly fixate on her family and she tries to follow the simple commands her parents give her.

"She looks at you, she can follow commands," Hammesfahr said.

Wolfson says Terri should be granted a permanent guardian other than Michael Schiavo. Among other concerns, Terri's family says has denied her appropriate medical and rehabilitative care he was obligated to provide from a medical malpractice award he received.

Wolfson also said medical experts should be brought in to evaluate Terri's cognitive function and her rehabilitative abilities.

Following the passage of Terri's Law, Wolfson told WFTS-TV in Tampa, Florida: "If this law stands the constitutional test of the courts, then it certainly implies the executive of our state has the prerogative of injecting the state into your life, or your family member's life."

Pat Anderson, the family's attorney, later told LifeNews.com that they met with Wolfson and were "very hopeful he can get his work done in the thirty days given to him."

Related web sites:

Terri's family - http://www.terrisfight.org


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; Miscellaneous; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: courts; florida; jebbush; prolife; righttolife; schiavo; schindler; terrischiavo; terrisfight
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To: msmagoo
Those who want Terri to die sure are afraid of being asked questions. As to why Judge Baird is blocking questions -- could there be payoffs or blackmail involved? It all leaves the impression of a desperate cover-up.
81 posted on 12/02/2003 2:29:59 PM PST by Dante3
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To: nickcarraway
Happy Birthday Terri!
82 posted on 12/02/2003 2:30:19 PM PST by AmericaUnited
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To: FR_addict
"Bush said he agreed with the assessment that Terri undergo swallowing tests."

I hope they don't have her drugged up for the swallowing tests.
83 posted on 12/02/2003 2:31:37 PM PST by FR_addict
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To: FR_addict
Lifenews artical is back up and running

http://www.lifenews.com/bio158.html

Wolfson says Terri should be granted a permanent guardian other than
Michael Schiavo. Among other concerns, Terri's family says has denied
her appropriate medical and rehabilitative care he was obligated to
provide from a medical malpractice award he received.

Wolfson also said medical experts should be brought in to evaluate
Terri's cognitive function and her rehabilitative abilities.
84 posted on 12/02/2003 2:42:46 PM PST by Snykerz
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To: floriduh voter
I'm glad that he wants Michael out of the picture. I hope Felos or his associates will be appointed

Incidentally, in Who's Who in American Law Felos' avocations are listed as: astronomy, tennis, gardening, baseball, piano. Somehow I can't imagine him either playing baseball or puttering in the garden.

85 posted on 12/02/2003 2:45:15 PM PST by Dante3
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To: floriduh voter
Thanks, FV. Celebrating Terri's birthday is a wonderful idea.

Is there a way for you to get close enough to sing a rousing chorus of "Happy Birthday" and be heard in her room?

86 posted on 12/02/2003 2:46:00 PM PST by Ragtime Cowgirl ( "Our military is full of the finest people on the face of the earth." ~ Pres. Bush, Baghdad)
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To: nickcarraway
PRAISE THE LORD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! PRAISE HIM PRAISE HIM PRAISE HIM and then PRAISE HIM SOME MORE!
87 posted on 12/02/2003 2:46:40 PM PST by FreepinforTerri (I love Terri, Yes I do, I love Terri, how bout you?!?!)
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To: All
Well, here's another family that could use some prayers
(not sure if y'all have seen this or not)

Jason Childress' Family Continues Struggle to Provide Him
Medical Care

by Steven Ertelt
LifeNews.com Editor
December 2, 2003

Charlottesville, VA (LifeNews.com) -- While the family of Terri
Schiavo continues its fight to stop her estranged husband from taking
her life, the parents of Jason Childress are waging a battle of their own
to get him the medical and rehabilitative care he needs.

Jason has been in a coma since a July 16 automobile accident. He was
nearly removed from life support prematurely when the University of
Virginia Medical Center failed to provide two weeks notice to his family
before doctors gave up and wanted to pull the plug.

Jason's father Jerry and stepmother Katrina were involved in a battle
with other family members that ultimately ended with a court-appointed
guardian deciding to remove Jason from life support.

Katrina Childress tells LifeNews.com that Jason continues to breathe on
his own and responds to commands, despite being removed from the
ventilator in early September.

"Jason is keeping his eyes open for longer periods of time now, when
he hears the phone ring he looks towards the noise, and he still
squeezes my hand upon command," Katrina said.

However, other family members still say Jason would prefer to die.

Jason's sister Amy recently took a local newspaper reporter to visit
Jason and he did not respond to her. That proves to Amy, whose own
daughter was once put on life-support, that Jason is beyond hope and
measures to provide him with medical care or rehabilitation are
unnecessary.

"Jason is probably not going to respond to someone that he can hear
saying he doesn't want to live," Katrina said in response.

"With Amy continuing to say Jason wouldn't want to live like this, I am
deeply concerned," Katrina continued. "We're not keeping him alive
now -- the only thing he has is a feeding tube. Jason would never have
said he wanted to be starved to death. I am so afraid that if Amy
continues telling reporters this then we may be in a situation like the
Shindlers are with Terri Schiavo."

The good news for the Childress' is that Jason's court-appointed
guardian, Herbert Pickford, a retired Charlottesville Circuit Court judge,
says Jason should receive medical care as long as he continues to live.
Pickford has said he does not favor removing the feeding tube.

Jason's parents have been fighting to get into a rehab program, but
they don't have the funds to place him in a proper program such as the
one at Retreat Hospital in Richmond, Virginia. The hospital has a
specialized program for patients in comas.

Jerry and Katrina have also asked their attorney to have a neurological
evaluation repeated to see the current extent of any brain damage
Jason may have suffered.

"No matter what the neurological evaluation shows, Jerry and I stand
firm with saying that Jason does want to continue to live," Katrina said.

Those who want to make a donation to benefit Jason Childress' medical
care can do so by sending a check to:

Trauma Resource Network Ministries
c/o Bank of the James
4698 S. Amherst Hwy.
Madison Heights, VA 24572
88 posted on 12/02/2003 2:55:05 PM PST by Snykerz
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To: nickcarraway
Next thing the judge will do is appoint Satan himself as guardian.
89 posted on 12/02/2003 2:58:27 PM PST by editor-surveyor ( . Best policy RE: Environmentalists, - ZERO TOLERANCE !!)
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To: FR_addict
The Judge is hoping Terri will die before any depositions can take place, IMHO.
90 posted on 12/02/2003 2:58:40 PM PST by nicmarlo
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To: sweetliberty; KDubRN; Krodg; Budge; nickcarraway; Pegita; cyn; Ladysmith; Calpernia; Babalu; ...
Today's filings in the Pinellas County Courthouse, Schiavo v. Bush

Uniform Case Pinellas Case Section Case Type Type
522003CA008212XXCICI 03008212CI 020 DECLARATORY CI
Style:  SCHIAVO MICHAEL
vs.  BUSH JEB
Jury Trial STIP NOTH Reason Type Disp.
    Y    
Filling Date Appeal Date Judg. Date Reop Date Docket Date
10/21/03 11/14/03      
Case/Cat
DECLARATORY JUDGMENT

 

10 Docket Entries, 12/01/03 to 11/26/03
Pages Date P/D Docket Entry Ver
  12/01/03 DEFENDANT STATEMENT FOR CASE MANAGEMETN CONF F
  12/01/03 CLERK FILE RETD TO CIV COURT RECORDS FROM APPEALS N
  12/01/03 CLERK APPEAL CLERK'S WORKSHEET W/ATTACHMENT F
  12/01/03 PLAINTIFF DCA ORDER: DENYING APPELLEES MTN TO EXPEDITE ETC #03-5123 F
  12/01/03 PLAINTIFF THE CIRCUIT COURT - INTL BRF DUE 120803 #03-5200 F
  12/01/03 PLAINTIFF DCA ORDER: APPEAL WILL PROCEED W/O A FORMAL RECORD PREPARED BY N
  11/26/03 DEFENDANT NOTICE OF INTENT TO TAKE DEPOSITIONS BY JEB BUSH F
  11/26/03 PLAINTIFF SUMMONS RETD SERVED JEB BUSH 112103 F
  11/26/03 PLAINTIFF NOTICE WITHOUT WAIVER OF FILING ATTD N
  11/26/03 PLAINTIFF OPPOSITION TO MOTION TO STRIKE F
NOTH  Notice of Hearing
STIP  Stipulation
Ver Verified: F=Filed, N=Not Filed/Notice. There is no
case file document associated with a notice.

91 posted on 12/02/2003 3:02:15 PM PST by nicmarlo
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To: editor-surveyor
Let him go ahead and appoint Satan:
Because:
"God is Alive, Magic is afoot, God is in command"
92 posted on 12/02/2003 3:05:09 PM PST by Snykerz
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To: FR_addict
I believe that LifeNews pulled the article because it wasn't exactly what the report stated.

Guardian says Schiavo not likely to improve, wants to stay on case

By MITCH STACY
The Associated Press
12/2/2003, 4:53 p.m. ET

CLEARWATER, Fla. (AP) — An independent guardian has concluded there is no likelihood a severely brain damaged woman at the center of a life-or-death legal battle will improve, according to a report delivered to Gov. Jeb Bush that was released Tuesday.

But as along as there is controversy in the case of Terri Schiavo, guardian Jay Wolfson is asking to remain on the case in hopes of settling the fight between her husband, her parents and the governor, the report said.

He also recommended that swallowing tests be conducted on Terri, to see if she would be able to eat on her own.

Wolfson, the University of South Florida professor appointed by a judge last month to investigate the case, had attempted to broker a settlement between Michael Schiavo, the governor and his in-laws in their battle over the fate of Terri Schiavo, the report said. But on Sunday the negotiations broke down and no agreement could be reached.

Wolfson had been charged with gathering evidence to support whether the stay enacted by Bush blocking the removal of Terri Schiavo's feeding tube should remain in effect.

Bush was moved by Terri Schiavo's parents, Bob and Mary Schindler, to stop Michael Schiavo from ending his wife's life in October. Her parents have contended their 39-year-old daughter is disabled, but still hears and reacts to them.

Bush said Tuesday nothing in the report has changed his mind that it was right to keep Terri Schiavo alive.

"I see nothing in the report that changes any feelings I have about whether or not the stay should be lifted," Bush said, adding he respected Wolfson's effort. "I don't believe that's appropriate.

Bush said he agreed with the assessment that Terri undergo swallowing tests.

"That's the good news part of this," he said.

Wolfson said in his report that as long as controversy exists in the case, an independent guardian whose only charge is to look out for Terri Schiavo's interest should be appointed to represent her. Michael Schiavo currently serves as his wife's guardian.

Wolfson's lengthy report to the governor asks that he remain on the case until a resolution can be reached on what will happen to Terri Schiavo, who has been in a persistent vegetative state for more than a decade. A chemical imbalance caused her heart to stop beating and cut off oxygen to her brain.

Michael Schiavo has said his wife, who was raised in the Philadelphia suburb of Huntingdon Valley, Pa., did not want to be kept alive artificially. Her parents have said she has no such wish and say their son-in-law wants to be rid of his wife so he can marry another woman.

Wolfson wrote in the report that he has concluded from medical records that there is no likelihood of Terri Schiavo's improving and there is evidence she cannot eat or drink on her own nor can she consciously interact with her environment.

Wolfson also found that Pinellas Circuit Court Judge George Greer, who originally granted Michael Schiavo permission to withdraw his wife's feeding tube, made that decision "firmly grounded" within Florida case law.

Attorneys in the case did not immediately return calls for comment.

The report was release shortly after a judge blocked Bush's attorneys from questioning some potential witnesses in the legal battle over the life of a severely brain damaged woman.

Michael Schiavo is suing Bush in Pinellas Circuit Court over the constitutionality of "Terri's Law," the hastily passed measure which gave Bush the power to reinsert Terri Schiavo's feeding tube six days after her husband ordered it removed in October.

Pinellas Circuit Court Judge W. Douglas Baird granted a motion by Michael Schiavo's attorney, stopping Bush's attorneys from taking depositions from seven people, including Michael Schiavo and the woman with whom he now lives.

Baird said that he may allow some questioning to take place later in the case.

93 posted on 12/02/2003 3:26:00 PM PST by daylate-dollarshort
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To: trussell
Agree! If Goverenor Bush's team gets antwhere it will have to be through the appellate court.

Right now they are in a kangeroo court.

baird and greer too for that matter will do everything in their power to keep the truth from coming out.
94 posted on 12/02/2003 3:39:13 PM PST by sport
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To: FR_addict
Keep contacting baird. It may not help but it won't hurt.

Run the darkness out with the light of truth.
95 posted on 12/02/2003 3:42:19 PM PST by sport
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To: Pegita
Amen! (post#25&76)
96 posted on 12/02/2003 4:27:35 PM PST by Chocolate Rose
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To: sweetliberty; Republic; PrepareToLeave
Thanks for the ping! Here's hoping these findings help get Terri out of harm's way ASAP.
97 posted on 12/02/2003 5:00:16 PM PST by cyn (http://www.terrisfight.org)
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BTTT.
Happy Birthday Terri!
Hang in there sweetie, and maybe with everyones prayers and the concerted help of a few good men and women, you, and those who love you most, can have a very Merry Christmas together!
God bless Jeb Bush, and the Florida Legislature for their help.
98 posted on 12/02/2003 5:34:54 PM PST by sarasmom (Message to the DOD : Very good , troops.Carry on. IN MY NAME)
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To: daylate-dollarshort
Did Felos let you get back on Free Republic, Michael?

Consider the source: By MITCH STACY The Associated Press

99 posted on 12/02/2003 5:36:12 PM PST by FatherOfLiberty (Never attribute to malice that which is adequately explained by stupidity.)
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To: nickcarraway
He also claimed Terri is in a permanent vegetative state, but added that she should be re-evaluated by experts.

Wolfson doesn't have the bona fides to make any such claim. Reputable neurologists have testifed to the contrary.

100 posted on 12/02/2003 5:39:48 PM PST by jwalsh07
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