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House GOPs Want Feeding Tube Reinserted
Yahoo News AP ^ | March 19, 2005 | MITCH STACY, Associated Press Writer

Posted on 03/19/2005 12:31:03 AM PST by bd476

PINELLAS PARK, Fla. - With a furious legal and political battle raging outside her hospice room, doctors removed Terri Schiavo's feeding tube Friday after a judge rebuffed an unprecedented attempt by Congress to keep the brain-damaged woman alive.

Schiavo, 41, could linger one to two weeks without the tube, provided no one intercedes and gets it reinserted — as happened twice before.

Late Friday, the U.S. Supreme Court (news - web sites), without comment, denied an emergency request from the House committee that issued the subpoenas to reinsert Schiavo's feeding tube while the committee files appeals in the lower courts to have its subpoenas recognized.

Republicans on Capitol Hill used their subpoena power to demand that Schiavo be brought before a congressional hearing, saying removing the tube amounted to "barbarism." The attorney for Schiavo's husband shot back at a news conference, calling the subpoenas "nothing short of thuggery."

"It was odious, it was shocking, it was disgusting, and I think all Americans should be very alarmed about that," George Felos said.

The judge presiding over the case ruled in the husband's favor early Friday afternoon and rejected the request from House attorneys to delay the removal, which he had previously ordered to take place at 1 p.m. EST. Felos said Michael Schiavo was at his wife's side shortly after the tube was disconnected.

Meanwhile, Republican congressional leaders said in a statement that they planned to work through the weekend to try to save Terri Schiavo's life.

The removal of the tube signals that an end may be near in a decade-long family feud between Schiavo's husband and her devoutly Roman Catholic parents, Bob and Mary Schindler. The parents have been trying to oust Michael Schiavo as their daughter's guardian and keep in place the tube that has kept her alive for more than 15 years.

Michael Schiavo says his wife told him she would not want to be kept alive artificially. Her parents dispute that, saying she could get better and that their daughter has laughed, cried, smiled and responded to their voices. Court-appointed physicians testified her brain damage was so severe that there was no hope she would ever have any cognitive abilities.

"This is what Terri wanted. This is her wish," the husband said late Friday, making his first comments after the tube removal on CNN's "Larry King Live." He said he was angry that "government has just trampled all over my personal life."

The family is still hoping for a long-shot legal victory to have the tube re-inserted.

It is unclear how much time the family will have. The effects of such feeding tubes being removed can be seen by the third or fourth day, when the patient's mouth begins to look dry and the eyes appear sunken. From days five to 10, respiration becomes irregular with periods of very fast and then very slow breathing. By the final days, kidney function declines, toxins begin accumulating in the body, and multiple organ systems fail from lack of nutrition.

Court-appointed doctors have said Schiavo will not feel any pain given her state, but her parents' doctors dispute that.

Several right-to-die cases across the nation have been fought in the courts in recent years, but few, if any, have been this drawn-out and bitter.

The case has garnered attention around the world and served as a rallying cry for conservative Christian groups and anti-abortion activists, who flooded members of Congress and Florida legislators with messages seeking to keep Schiavo alive.

Outside Schiavo's hospice, about 30 people keeping vigil dropped to their knees in prayer when word spread of the judge's ruling calling for removal of the tube.

White House spokesman Scott McClellan said President Bush (news - web sites) discussed the case with his brother, Florida Gov. Jeb Bush, and members of the state's congressional delegation during his swing through Florida on Friday to discuss Social Security (news - web sites) reform.

"We're continuing to monitor developments," McClellan said. "The president believes when there are serious questions or doubts in a case like this that the presumption ought to be in favor of life."

Gov. Jeb Bush said the judge's decision "breaks my heart" and noted that it often takes two decades for a death row inmate's appeals to go through the system.

"There's this rush to starve her to death," Bush said.

But Rep. Henry Waxman (news, bio, voting record) of California, senior Democrat on the Government Reform Committee, called the subpoenas a "flagrant abuse of power" and said they amounted to Congress dictating the medical care Terri Schiavo should receive.

"Congress is turning the Schiavo family's personal tragedy into a national political farce," Waxman said.

Schiavo suffered severe brain damage in 1990 when a chemical imbalance apparently brought on by an eating disorder caused her heart to stop beating for a few minutes. She can breathe on her own, but has relied on the feeding and hydration tube to keep her alive.

Both sides accused each other of being motivated by greed over a $1 million medical malpractice award from doctors who failed to diagnose the chemical imbalance.

The Schindlers also said that Michael Schiavo wants their daughter dead so he can marry his longtime girlfriend, with whom he has young children. They have begged him to divorce their daughter, and let them care for her.

The tangled case has encompassed at least 19 judges in at least six different courts.

In 2001, Schiavo went without food and water for two days before a judge ordered the tube reinserted when a new witness surfaced.

When the tube was removed in October 2003, her parents and two siblings frantically sought intervention from Gov Jeb. Bush to stop her slow starvation. The governor pushed through "Terri's Law," and six days later the tube was reinserted.

That set off a new round of legal battles which culminated in September 2004 with the Florida Supreme Court (news - web sites) ruling that Bush had overstepped his authority and declared the law unconstitutional.

On Feb. 25, Circuit Judge George Greer gave Michael Schiavo permission to order the removal of the feeding tube Friday.

"I have had no cogent reason why the (congressional) committee should intervene," Greer told attorneys in a conference call Friday, adding that last-minute action by Congress does not invalidate years of court rulings.

The attorney for the parents said he would likely file a new appeal early next week with a federal appeals court. He also said he hoped lawmakers in Washington or Tallahassee could agree on legislation that would force the tube to be reinserted. Similar efforts have failed in the past.

"I'm hopeful these men and women can get a strategy, get a focus, because we're running out of time," said attorney David Gibbs.


TOPICS: Government; News/Current Events; US: Florida
KEYWORDS: 109th; dehydrationiscruel; schiavo; starvation; subpoena; terri; terrischiavo
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To: I got the rope

"...some liberal judge will call it unconstitutional." The SC of FL did that to get us where we are today and NY will not be far behind.


181 posted on 03/19/2005 9:29:56 AM PST by penowa
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To: penowa

Ironically, though George W. Greer calls himself a "conservative Republican" who is "only" following "what the law says." As long as he has the "R" label, some Republicans will give him a pass.


182 posted on 03/19/2005 9:33:31 AM PST by Theodore R. (Will the GOP fiddle while Terri churns?)
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To: dredhawk
"Maybe mike and the judge made a deal."

Exactly. There is a dirty feel to this. Why does Terri need killing?

183 posted on 03/19/2005 9:34:45 AM PST by BobS
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To: Let's Roll
"If the plug is to be pulled at least let it be done by people who love her - her parents "

As I said on another thread yesterday, beat up a bunch of IRS dogs until they spit at you, then release them to dig up dirt on the husbands' and judge's family and "friends".

If 100% of their time is invested in protecting themselves, they are inert!

184 posted on 03/19/2005 9:58:25 AM PST by BobS
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To: Lexinom

"Have you seen the March 5, 1991 bone scan report?"

The full testimony is here. It includes cross-exam and by including it you wouldn't look so onesided and biased.
http://www.hospicepatients.org/dr-walker-t-schiavo-bone-scan-deposition.txt

Here's a few tidbits...
Q I think you mentioned that you had no
2 personal recollection of dictating this particular
3 report. Is that right?
4 A That's correct.
5 Q And you didn't sign the report?
6 A ***** I don't see my signature on this copy,
7 no.




Q Now, would that hold true for only
2 traumatic fractures, or does that 12-to-18-month
3 time period hold true for any kind of occurrence?
4 A I would not say that it holds true for
5 any kind of occurrence, no. Because many things
6 that give you an abnormal bone scan don't have a
7 finite date where they stop.
8 A fracture occurs in a single moment of
9 time, and then hopefully it's treated and heals.
10 Whereas other things that give rise to abnormal bone
11 scans may be metabolic, for example, and they're an
12 ongoing process that don't stop. And if that
13 process doesn't stop, the bone scan may be abnormal
14 forever.
15 Malignancies, unless you treat the
16 malignancy, that bone scan is always abnormal. So
17 only things that have the opportunity to undergo
18 healing will result in a bone scan improving.
Do you get the gist of this "med-speak"?

Q Okay. So when you say "more recent,"
2 you're not able to say within a reasonable degree of
3 medical certainty whether it was a month old, six
4 months old or two years old?
5 A Are you speaking about the radiograph or
6 the bone scan?
7 Q I'm referring about your reference in the
8 report to "shaggy irregular periosteal
9 ossification."
10 ******* A I don't think I drew a conclusion in the
11 report as to how old it was. But if you're asking
12 me could I date a radiograph, an injury on a
13 radiograph, by the amount of periosteal reaction,
14 within that time frame of a month to two years, no,
15 I couldn't date that.


Q Is it possible that the abnormalities
20 occurring on the bone scan with respect to the
21 fracture of L1, the compressions fracture of L1 --
22 could that have occurred when the patient -- or if
23 the patient fell onto the floor from a standing
24 position?
25 ***** A That's possible*****

Q Is it possible that the abnormalities
2 that you noted on the right femoral diaphysis and
3 metaphysis could have occurred if the patient was
4 standing and suffered a cardiac arrest and fell to
5 the floor?...

9 I suppose one could speculate that she fell
10 on a piece of furniture, that that could produce
11 that injury.

Q You mentioned that the report indicates
21 multiple bilateral rib abnormalities and that that
22 was not consistent with heterotrophic ossification.
23 Is that right?
24 A I mentioned that in this deposition, yes,
25 but not in the report.
? 41
1 Q Okay. Were you looking for heterotrophic
2 ossification when you read the bone scan and the
3 radiographs? Do you know?
4 A I think that's in our mind when we see a
5 rehabilitation patient because we don't know from
6 the history how old the injury was. And, of course,
7 heterotrophic bone is something that occurs
8 particularly in people who are immobilized for long
9 periods of time. So that would be something that we
10 would mention were we to see a typical pattern for
11 that, yes.
12 Q Okay. The abnormalities in the multiple
13 bilateral ribs, could that have occurred during an
14 attempt at resuscitation by the paramedics or
15 hospital staff?
16 ******* A A vigorous resuscitation could do that,
17 yes.


Q Do you know Dr. Donald Durrance?
8 A Yes, I do.
9 Q Do you know what kind of a physician he
10 is?
11 A He's a diagnostic radiologist with a
12 specialty in neuroradiology.
13 Q His report indicates there that his
14 impression is "no evidence of fracture"?
15 A That would be what it says, yes.
16 Q What do you understand that to mean?
17 A It means he didn't see an alteration of
18 the radiographic anatomy that would suggest that
19 there was a broken bone there.

What does your med-speak make of that Lex?

6 A Ricciardello.
7 Q Are you familiar with Dr. Ricciardello?
8 A I am.
9 Q What kind of a physician is he?
10 A He's also a diagnostic radiologist with a
11 specialty in neuroradiology.
12 Q And his report indicates, as far as the
13 left knee conclusion, *****"no acute injury," and right
14 knee conclusion, "no acute injury."

15 A Correct.

It does
9 describe osteopenia. But, again, osteopenia is a
10 loss of bone substance, which is a fairly judgmental
11 call on a radiograph and depends a lot on the
12 technique too. Osteopenia is, however, something
13 typically seen in someone who is bedridden because
14 the body tends to put more calcium in areas that are
15 stressed.

Q All right. So, "Warmth in the knees,
3 monitor for H.O.," you can't say what that means?
4 A I can't differentiate from two likely
5 diagnoses because hypertrophic osteoarthropathy also
6 gives you warmth in the knees and is seen with
7 people with *****certain chronic conditions.*******

Like bilimia?

Q Okay. I think you said during your
2 direct examination that you never saw Terri Schiavo
3 as far as you recollect. Is that correct?
4 A That is correct.
5 Q And so that would mean that you never had
6 an opportunity to examine her?
7 A That is correct.
8 Q Would you say that Dr. Carnahan, as her
9 treating rehabilitation physician, would be in a
10 better position to comment on the cause of the
11 abnormalities in the bone scan for this particular
12 patient than you?
13 A I would say he had a more complete
14 picture of the patient than I.

Q Okay. And because there is no comment in
25 your report of any abnormalities in the head, neck
? 58
1 or shoulder area, that is an indication that either
2 those images were taken and you observed no
3 abnormalities or that those images were not ever
4 taken. Is that an accurate statement?
5 A Yes.









185 posted on 03/19/2005 10:00:16 AM PST by Smartaleck
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To: gdc61

"not dead, she can't. "pursuit" is relative."

Then so is life. Medical technology can do all kinds of things.


186 posted on 03/19/2005 10:09:17 AM PST by Smartaleck
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To: BobS

"I want the "doctors", nurses and everyone involved to be NAMED. They will no longer be invisible."

I can't think of an instance when someone being sued isn't named?


187 posted on 03/19/2005 10:10:34 AM PST by Smartaleck
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To: Conservativegreatgrandma

I really appreciate your updates. I have been a silent warrier, praying from lurkdom for Terri, and educating anyone I run into who is ignorant of the true facts in this case.

It is going to be a long weekend waiting for the good guys to get this done. Your updates will help carry me through. At least I know that some of our congresscritters understand what is at stake here and are willing to do what is needed for good to triumph over evil.


188 posted on 03/19/2005 10:10:56 AM PST by ShakeNJake (While there is life, there is hope.)
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To: penowa

"One of our very own RINO's with just as much Democrat money and backing as Republican."

Is he against the death penalty?


189 posted on 03/19/2005 10:11:36 AM PST by Smartaleck
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To: bd476
I'm firmly on the correct side in this, but I have to admit I can almost see how this kind of standoff might evolve. In the very beginning, the husband was probably terrified that she would live a vegetative life of misery and, who knows, maybe she did say she wouldn't want to live that way. I've said it before. Of course it's moot, for all these years later, he simply looks like a total a-hole, now that he's gone off and had kids with another woman, won't let Terri's parents have guardianship, and is basically arguing to kill her, not "let her go."
190 posted on 03/19/2005 10:14:47 AM PST by lainie
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To: Smartaleck
>> *******The bone scan was not raised in the original trial regarding Terri's wishes.*******

This is an outraeous argument. It was impossible to raise the issue because Felos had concealed the bone scan. The issue was raised as soon as the Schindlers' attorneys found out about it. Since you repeat just about everything Felos says, why don't you tell us WHY he withheld the bone scan from the Schindlers, the public and the court? As an officer of the court himself, he has the duty to be truthful and open about material evidence. Why does he continue to withhold medical and financial records? Something to hide, perhaps? A lot to hide, yes?

Yes. The scan is scientific evidence establishing a high probability that Terri was violently assaulted and smothered.

191 posted on 03/19/2005 10:32:13 AM PST by T'wit (Retire to Florida! Bring your estate. No feeding tube needed. The crematorium is warm and ready!)
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To: Theodore R.

You're are correct. This is unbelievable.


192 posted on 03/19/2005 10:35:47 AM PST by b4its2late (When you don’t know where you’re going, you have to stick together just in case someone gets there.)
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To: RexRichard
The Fourteenth Amendment (read it carefully!) requires states to preserve the lives of all people (unless convicted of a crime, which does not apply to this case). The Judge has ruled that Schiavo is a carrot, not a person, and apparently, once decreed, it's irreversable, like a death certificate. The Fourteenth Amendment also incorporates the Fifth Amendment to apply to the States, which likewise prohibits the State from taking the lives of people.

Moreover, Thomas Jefferson wrote into the Declaration of Independence,

"We hold these truths to be self-evident,

that all men are created equal,

that they are endowed by their Creator with certain unalienable Rights,

that among these are Life, Liberty and the pursuit of Happiness.

--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,

--That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.


193 posted on 03/19/2005 10:40:37 AM PST by dufekin (The genocide, terror, communism, and tyranny of the Arab world are falling like dominoes.)
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To: Smartaleck
"I can't think of an instance when someone being sued isn't named?"

This is in the public sphere now. The turds will surface:)

194 posted on 03/19/2005 10:59:18 AM PST by BobS
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To: ShakeNJake

Thank you. Let's keep praying.


195 posted on 03/19/2005 11:00:55 AM PST by Conservativegreatgrandma
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To: theyMurderedTerri

I saw Randall Terry this morning. I think F&F gave him a pretty fair hearing.

The point he made about her saying ANYTHING was a good one, although, whether she can speak or is totally unconscious doesn't matter....she's a living person.


196 posted on 03/19/2005 11:09:54 AM PST by windchime (Hillary: "I've always been a preying person")
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To: Smartaleck
"I understand the judge is a Republican.

Fetch the rope. Nobody will mind if we hang one of our own.

197 posted on 03/19/2005 11:10:19 AM PST by BobS
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To: Conservativegreatgrandma
FOX NEWS REPORTING THE SENATE IS GOING INTO SESSION AT 5:00 PM. ALSO, HERE'S A BRAND NEW MESSAGE FROM CONGRESSMAN KING: "V I just left DeLay's office

I will do a CNN debate tonight

Things have improved and I see a path for her. "

198 posted on 03/19/2005 11:31:38 AM PST by Conservativegreatgrandma
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To: T'wit
"This is an outraeous argument. It was impossible to raise the issue because Felos had concealed the bone scan.

Since you repeat just about everything Felos says, why don't you tell us WHY he withheld the bone scan from the Schindlers, the public and the court?"

"although council in argument conceded that the report WAS AVAILABLE and was in possession of the repondents (Terri's parents atty) several atty's over time.

There has been no suggestion that the bone scan report was secreted or the information withheld intentionally from anyone." http://abstractappeal.com/schiavo/trialctorder11-02-scan.pdf

My info comes from the legal documents. Where does yours come from?
199 posted on 03/19/2005 11:34:36 AM PST by Smartaleck
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To: Smartaleck
Your point is tantamount to a claim that a person in a coma who wakes up, goes to the bathroom, and then lies back down fits the normal description for comatose.

The fact is, you and others like you don't like the evidence because you've already made up your mind in favor of Michael. Terri could describe the Pythagorean Theorem and you would find a way to explain that away and maintain she is PVS.

200 posted on 03/19/2005 11:37:29 AM PST by Lexinom (You can easily judge the character of a man by how he treats those who can do nothing for him.)
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