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Settlement talks ongoing in Schiavo case, but consensus unlikely
By VICKIE CHACHERE Associated Press Writer
January 27, 2005

TAMPA, Fla.- While the two sides in the Terri Schiavo case have engaged in a bitter family court battle drawing international attention, all along they have been quietly exchanging offers of a settlement.

But as the court case reaches a critical turning point in coming weeks, there seems to be little consensus in the life-or-death struggle over the fate of a 41-year-old woman who has suffered such severe brain damage she must be fed through a tube to survive.

Attorneys said in interviews this week there is such distrust and so many sticking points between Michael Schiavo and his in-laws, Bob and Mary Schindler, an agreement is unlikely.

"It's been made very clear to me by the Schindler attorneys that there is no possible settlement that the parents would agree to that might result in Terri's death," said George Felos, Michael Schiavo's attorney"

The Schindlers have said their son-in-law only sought to end his wife's life when he stood inherit hundreds of thousands of dollars from her medical trust fund. They have offered to give him whatever money remains if he were to walk away.

"The Schindlers have offered to give Michael all the money, any rights to make any money," said Barbara Weller, the Schindler's attorney. "They offered to give him everything and they would pay all the costs of her rehabilitation and her care _ even if he wanted to stay married to her and inherit everything."

But Michael Schiavo's attorney said the legal fight is not about money, but about Michael Schiavo's vows to his wife to carry out her wishes. Terri Schiavo is not "chattel," to be bargained away, Felos has said.

A key hearing on her fate is set for Friday in a Florida court.

Terri Schiavo, 41, suffered severe brain damage in 1990 when her heart stopped beating because of an eating disorder.

Michael Schiavo has twice been granted permission to remove the feeding tube that keeps her alive, and twice has had her death interrupted by legal maneuvers. She can breathe on her own, but relies on a tube for life-sustaining nutrition and water.

Her husband says his wife would never want to be kept alive this way and doctors have ruled that there is no hope for her recovery. But her parents do not believe she is in a persistent vegetative state, and contend she interacts with them. Their own medical experts have testified Terri Schiavo has some cognitive abilities.

Complicating the case is that Michael Schiavo never mentioned his wife's death wishes until after the couple were awarded more than $1 million in medical malpractice lawsuits. Michael Schiavo stood to inherit that money if his wife died, although after years of litigation most of it is gone.

Their bitter court fight has waged on for more than seven years and involved scores of court decisions and appeals.

On Monday, the U.S. Supreme Court declined to get involved in one element of the case _ Gov. Jeb Bush's entry into the legal battle when he signed a law allowing him to order Terri Schiavo's feeding tube reinserted six days after Michael Schiavo had it removed in October 2003.

That leaves the Florida court fight. Terri Schiavo now lives under a stay pending the Schindlers' legal motions and appeals. A key hearing on their request that a judge void his order that Terri Schiavo be allowed to die is scheduled for Friday.

In 2002, a court-ordered mediation effort failed to produce an agreement. But the talks have continued since then.

As recently as Thanksgiving, the two sides have posed proposals that would involve bringing in new, independent medical experts to evaluate Terri Schiavo.

While both sides at different times might have agreed to that review, they have never been able to find common ground on details of how those exams would take place, who would do them and how the information would be used once the doctors reported back, the attorneys said.

Jay Wolfson, a University of South Florida professor who had briefly served as Terri Schiavo's court-appointed advocate in 2003, said he tried then to broker a deal between the two sides, but negotiations fell apart.

But Wolfson, and other experts on end-of-life issues, have said it's not too late for a new round of independent medical tests which could settle the essential, lingering question of if Terri Schiavo can interact with her environment or if she is truly brain-dead.

Without some sort of settlement, Wolfson said he is doubtful the court proceedings will do little more for Terri Schiavo but drag on with more appeals until ultimately there is nothing left to do but remove the tube.

Weller said Thursday at Christmas time, Bobby Schindler Jr., Terri's younger brother, asked to sit down with Michael Schiavo and try to work out a solution.

"Bobby just wanted to talk to him family to family," she said.

But the other side said no, offering instead putting the case before the independent medical panel. Weller said the Schindlers are now uncomfortable with that proposal.

"They are just not going to put her in the hands of people they don't trust," she said.

Likewise is true for Michael Schiavo.

Felos said in an interview Wednesday the problem with any potential settlement the Schindlers would favor it would keep Terri Schiavo alive when the court has ruled that was not her wish.

Terri Schiavo is not "chattel," to be bargained away, Felos has said.

"The Schindlers are basically saying we will settle if you give up," Felos said. "The fact they just don't understand and what the court has said many times is this case is not about the Schindlers, it's not about Mr. Schiavo, it's about Mrs. Schiavo and what her wishes were."

http://www.tcpalm.com/tcp/home/article/0,1651,TCP_996_3503334,00.html

On the Net:

Terri Schindler-Schiavo Foundation, http://www.terrisfight.org/