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How much is Terri Schiavo's life worth?
TownHall.com ^ | 4/12/04 | Doug Bandow

Posted on 04/12/2004 9:05:24 PM PDT by Huber

WASHINGTON - The world has moved on since the case of Terri Schiavo, whose husband sought to remove the feeding tube that kept her alive, briefly grabbed public attention last fall. But Terri's life remains at risk.

Michael Schiavo, her parents, the state of Florida, and advocacy groups continue to fight over her future. Alas, she keeps losing where it matters most, in court.

Terri collapsed in 1990, leaving her profoundly cognitively disabled. Her husband won a $1.3 million malpractice judgment that included money for her medical care, but subsequently refused to fund rehabilitative treatment for her.

Along the way he moved in with a woman he describes as his fiance and with whom he has had two children. Six years ago he petitioned the court to remove Terri's feeding tube.

In October 2003, Michael won approval to let her die. Florida's legislature quickly empowered Gov. Jeb Bush to order the tube re-inserted, which he did. Michael is seeking to invalidate that legislation.

Killing Terri - or, more delicately, allowing her to die - should be permitted only if that is what she wants, or would have wanted. But we don't know that.

Michael claims that she said she desired "no tubes." Her family never heard her talk in such terms. And Michael apparently told a girlfriend that he and Terri never discussed the issue.

In any case, such comments by Terri, even if true, hardly offer the certainty necessary to let her die. A number of doctors and other experts have argued that rehabilitative therapy, barred by Michael, could improve her condition, wean her off of the feeding tube, and help her to speak.

More fundamentally, Michael's own credibility is in doubt. Questions go back to her initial injury. Noted pathologist Dr. Michael Baden discounted the diagnosis of a heart attack; he says the report of a bone scan after her collapse revealed that Terri had "a history of trauma."

Of course, this does not prove that Michael is responsible for her condition. But nurses report hearing him make such comments as "When is that bitch going to die." The circumstances raise important questions, now being investigated by Florida's Advocacy Center for Persons with Disabilities.

In any case, Michael clearly would benefit from Terri's death. Not only is he the legal guardian of the trust fund holding what remains of the malpractice judgment, but he cannot wed his fiance so long as Terri lives.

He's done nothing to dispel suspicion about his behavior. For instance, he has flaunted a 1996 court order requiring him to furnish Robert and Mary Schindler with annual guardianship reports and notify Terri's caregivers that they could answer questions from the Schindlers. Terri's parents say they were not even aware of two episodes of vomiting, which could have led to her death, in February.

The frustrated Schindlers filed suit to hold Michael in contempt of court. But in late March, Florida Judge George W. Greer rejected their motion.

Court-appointed guardian Jay Wolfson recently recommended giving Terri a swallowing test - and maintaining the tube if she passed. But another judge rejected Wolfson's recommendation and failed to renew Wolfson's guardianship.

Now Judge W. Douglas Baird is preparing to rule on the constitutionality of the law that enabled Gov. Bush to intervene. If the statute is voided, it is hard to imagine any other court intervening to save her.

Although the most important immediate concern is Terri's life, much more is at stake. Ominously, belief in a "duty to die" seems to be increasing in the United States, as well as Europe.

Village Voice columnist Nat Hentoff warns of a "growing conviction among American doctors, bioethicists, and hospital ethics committees that it is 'futile' to try to treat certain patients, and therefore, medical professionals should have the power to decide - even against the wishes of the family - when to allow these valueless lives to end."

It is easy to look at Terri Schiavo and ask, who wants to live like that? But David Jayne, who survives only through use of a ventilator, says that "I'm very passionate about the Terri Schindler-Schiavo issue, because I live it."

He explains that before contracting amyotrophic lateral sclerosis, or Lou Gehrig's disease, he couldn't have imagined living under such circumstances, but that I "still find meaning in life." He warns: "It is incredibly wrong for society to decide who lives or dies based on their opinions of what level of quality of life is worth living."

What is Terri's opinion? We may never know.

But we do know that we don't know enough to assume that she would prefer to be dead. We must treat life as sacred and worth preserving. Nothing has been presented in Terri's case to overcome that presumption of life.

Doug Bandow is a senior fellow at the Cato Institute, a Townhall.com member group.


TOPICS: Culture/Society; Editorial; News/Current Events; US: Florida
KEYWORDS: bandow; catoinstitute; deathculture; dutytodie; jebbush; life; nathentoff; schiavo; schindler; terri; terrischiavo
I am surprised to see this come out of Cato!
1 posted on 04/12/2004 9:05:25 PM PDT by Huber
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To: cpforlife.org; floriduh voter; TaxRelief
PING
2 posted on 04/12/2004 9:06:16 PM PDT by Huber (If Catholics voted per the teachings of the Church, there would be no abortion in the US!)
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To: Huber
She is not a muslim?

/sarcasm

3 posted on 04/12/2004 9:19:36 PM PDT by maestro
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To: Huber
As am I.
4 posted on 04/12/2004 9:25:51 PM PDT by skr (Pro-life from cradle to grave)
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To: Huber
Hi, Huber -- thanks for taking the time to post this article. It was also posted here: How much is Terri Schiavo's life worth?
5 posted on 04/12/2004 9:43:02 PM PDT by cyn
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To: Huber
I am probably not quite as acquainted with this case as I ought to be. Having said that, my impression is that ex-hubby is doing everything he can to have her killed off, while her parents are fighting to keep her alive and gain legal control and responsibility for her welfare. Is this right?

If this is correct, it sounds like ex-hubby doesn't want her to become lucid and talkative.

6 posted on 04/12/2004 9:47:59 PM PDT by Riley
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To: cyn
Dang! I thought I was safe posting at 12:01. The new TowhHall columns usually go up right at midnight. Looks like Phenn found the article about six hours earlier!
7 posted on 04/12/2004 9:53:41 PM PDT by Huber (If Catholics voted per the teachings of the Church, there would be no abortion in the US!)
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To: Huber
lol, I know. Well, you're getting different people to yours, and that is a good end result.

I remain very concerned that two of Ms. Schiavo's teeth are missing, and she has a decubitus ulcer -- an infection from either site can be life threatening. This is an unbelievably crappy situation, that's all there is to it.
8 posted on 04/12/2004 10:07:29 PM PDT by cyn
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To: Lady In Blue; Canticle_of_Deborah; MarMema; kimmie7; floriduh voter; JulieRNR21; NautiNurse; ...
ping
9 posted on 04/13/2004 1:46:13 AM PDT by nickcarraway
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To: Riley
I am probably not quite as acquainted with this case as I ought to be. Having said that, my impression is that ex-hubby is doing everything he can to have her killed off, while her parents are fighting to keep her alive and gain legal control and responsibility for her welfare. Is this right?

If this is correct, it sounds like ex-hubby doesn't want her to become lucid and talkative.

You are exactly on target Riley!!!!

10 posted on 04/13/2004 6:56:28 AM PDT by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: Huber
But we do know that we don't know enough to assume that she would prefer to be dead.

I'll bump that.

11 posted on 04/13/2004 7:01:36 AM PDT by Saundra Duffy (For victory & freedom!!!)
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To: pollywog; Huber; All
Prayer for Terri at 11:a.m.EDT today, and every day, until this mother's child has been released from the pit of hell. We'll meet at the Throne of Grace for 5 minutes daily, to ask the Lord to loose the satanic bonds held by Michael and Felos and a host of others. I'll be praying away from FR. If so led, please join us.
12 posted on 04/13/2004 7:08:19 AM PDT by Pegita ('Tis so sweet to trust in Jesus, just to take Him at His Word ...)
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To: All
PRAYER BUMP! 5 minutes of prayer for Terri, every day at 11 a.m. EDT, until she's safe.
13 posted on 04/13/2004 7:55:17 AM PDT by Chocolate Rose
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To: Pegita
Thank you for praying. Many of us are praying with you.
14 posted on 04/13/2004 1:04:43 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: nickcarraway; cyn; sweetliberty; NYer; amdgmary; JulieRNR21; sarasmom; pc93
HEARING BULLETIN: THE PUBLIC IS WELCOME at 415 Court Street. Hearing Room for Judge Baird is posted in the mezzanine or ASK a clerk office employee.

The hearing that was scheduled in the matter of Schiavo v. Bush for this Friday (April 16) has been rescheduled to Monday, April 19, 2004 at 3.00pm in the main Courthouse in Clearwater.

15 posted on 04/13/2004 3:08:20 PM PDT by floriduh voter (www.conservative-spirit.org/)
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To: russesjunjee; GWB and GOP Man; All
correction: Hearing location: 315 Court St, Clearwater NOT 415. thanks, fv
16 posted on 04/13/2004 3:09:25 PM PDT by floriduh voter (www.conservative-spirit.org/)
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To: Huber
It would be interesting if she could be taken to the courthouse. Imagine the rulings would be much different if she were seen in public and in front of the judge.
17 posted on 04/13/2004 3:16:35 PM PDT by mtbopfuyn
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To: wisconsinconservative
hi, w -- info is in above posts from fv. I'll post it to the other thread, too.

18 posted on 04/14/2004 9:00:53 PM PDT by cyn (http://www.terrisfight.com)
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To: mtbopfuyn
Good point. The whole ploy is to keep her hidden from view and to misrepresent her.
19 posted on 04/14/2004 10:05:31 PM PDT by cyn (http://www.terrisfight.com)
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To: Huber
Is there to be a ruling tomorrow (Friday, 4/16)?
20 posted on 04/15/2004 4:20:08 PM PDT by Saundra Duffy (For victory & freedom!!!)
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