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To: DJ MacWoW
Here's an unfortunate legal fact that you should be aware of. In the legal system, once a lower court makes a finding of fact, and that finding survives the appeal process, it's a fact, whether or not anyone still disputes it.

As far as the judicial system is concerned, it is a fact that Terri is in a persistent vegetative state. It's no longer disputable in the eyes of the law (caveat later).

Here's what the appeals court said about the ruling by Greer that Terri is in a PVS in their 2001 opinion.

The evidence is overwhelming that Theresa is in a permanent or persistent vegetative state. It is important to understand that a persistent vegetative state is not simply a coma. [FN1] She is not asleep. She has cycles of apparent wakefulness and apparent sleep without any cognition or awareness. As she breathes, she often makes moaning sounds. Theresa has severe contractures of her hands, elbows, knees, and feet.

FN1. For more extensive discussions of persistent vegetative state, see Dorothy J. McNoble, The Cruzan Decision--A Surgeon's Perspective, 20 Mem. St. U.L.Rev. 569, 610 n. 3 (1990); John B. Oldershaw, M.D., J.D., et al., Persistent Vegetative State: Medical, Religious, Economic and Legal Perspectives, 1 DePaul J. Health Care L. 495-536 (1997).

Over the span of this last decade, Theresa's brain has deteriorated because of the lack of oxygen it suffered at the time of the heart attack. By mid 1996, the CAT scans of her brain showed a severely abnormal structure. At this point, much of her cerebral cortex is simply gone and has been replaced by cerebral spinal fluid. Medicine cannot cure this condition. Unless an act of God, a true miracle, were to recreate her brain, Theresa will always remain in an unconscious, reflexive state, totally dependent upon others to feed her and care for her most private needs. She could remain in this state for many years.

My caveat is as follows: new evidence can be introduced at a later date which wasn't available to the court when it made its initial finding of fact that could cause it to reconsider its earlier finding. The question is whether new tests on Terry, not available earlier might show a different result.

I'd support doing that, although I'm rather pessimistic that they would show a significantly different result. Your brain can atrophy, but it's no good at growing back. Still, it couldn't hurt to check one last time.

Drawing an analogy to a criminal case, though, you can't keep postponing the conclusion of a trial for just one more ballistics test over and over again. That's the obstacle Terri and the Schindlers face.

156 posted on 03/10/2005 4:07:14 PM PST by Dog Gone
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To: Dog Gone

There is also this (from before any of this court battle happened.
http://www.zimp.org/stuff/Discharge%20Summary%20050990.pdf
I googled some medical terms in the report:
anoxic brain damage
hypoxic encephalopathy
decererbration
focal seizure activity.

Very grim diagnosis and prognosis.


162 posted on 03/10/2005 4:16:08 PM PST by Annie03
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To: Dog Gone
Unless an act of God, a true miracle, were to recreate her brain, Theresa will always remain in an unconscious, reflexive state,

Fools.

Terri enjoying a tune video

Terri laughing with her father video

166 posted on 03/10/2005 4:18:23 PM PST by bjs1779 (" It is unlikely that Terri currently needs the feeding tube." Examination by Dr. Hammesfahr 9/12/02)
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To: Dog Gone
Drawing an analogy to a criminal case, though, you can't keep postponing the conclusion of a trial for just one more ballistics test over and over again. That's the obstacle Terri and the Schindlers face.

Well the ballistic analogy doesn't quite work. There really is very little undertood about the human brain. Look at Kate Adamson and Sarah Scantlin.

I don't see what the tests could hurt either. Too bad we're not in control.

By mid 1996, the CAT scans of her brain showed a severely abnormal structure.

That experimental stimulator is still in her head causing pressure. I have no link for this as I can't remember who said it but someone stated that removing the stimulator would increase blood flow etc. I found that interesting.

168 posted on 03/10/2005 4:18:55 PM PST by DJ MacWoW (Life support. canned, frozen or fresh, it's good for you!)
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