Judge Refuses to have feeding tube reinserted in Terri Schiavo (FOX NEWS ALERT)

Fox News | 03/22/05

[Jeff Head]

That is the heart of the issue as relates to her wishes.

[betty boop]

I am highly troubled in my spirit by this case, and I have learned from alamo-girl that one must listen to these possible promptings from our God, the Holy Spirit.

Me, too xzins: I'm just heartsick. At times like this, I'm reminded that justice and judgment are divine things that ought not to be placed into the hands of men who are deaf, dumb, and blind regarding the promptings of the Holy Spirit.

Of course, we move towards an increasingly secular society, which places no value on divine things. Utility is everything these days. Terri's only "crime" is that she's inconvenient. What a sad and culpable lot we all are, in this. I actually feel shame for, not only the judges and medical "professionals" who rendered the death sentence on an innocent young woman, but also for our complaisant society which seemingly tolerates this horrific injustice.

I continue to pray for Terri. At this point, I'm praying for a miracle. My thoughts continually turn to her in her sufferings. I pray, and pray some more; I don't know what else to do.

[Twinkie]

Shiavo has a physical presence about him that says, "I am a clean cut, well-spoken young man, and I wouldn't lie to you like the emotional, irrational, delusional parents might."

I'm NOT accusing Shiavo of anything; however, the question still arises: If Terri's original skeletal injuries were not investigated thoroughly, then why not? Someone on FR wrote that Shiavo had stated that Terri was anorexic/bulemic, and that was why her bones were so injured when she fell the night she had the heart attack. Of course, there has been quite a bit of the gossip aspect everywhere about this situation (because people are so frustrated with the whole business) and it's not possible for the most part of know what Shiavo did or didn't say. It would seem, though, that some proof would have been needed by law enforcement investigating this initially that Terri had been anorexic/bulemic as Shiavo allegedly stated. If there wasn't, then the whole premise should have been thoroughly investigated.

It almost sounds like Shiavo has kept total control of the situation and seems odd on the face of it that Terri has (allegedly) been totally cut off from people and from stimulation. I can't see why it would have been any harm to allow her some bit of socialization, or how it would have hurt him. Certainly, if Terri were "vegetative" then "her privacy" would have been certainly of little concern to herself. The total control seems to extend even to the cremation idea.

[longtermmemmory]

HEADS UP:

Rush is discussing this right now.

It is very on point.

[xzins]

There is a time when Christians must seek refuge in the catacombs.

But there is also a time for them to become spectacle in the Coliseum.

[GVnana]

"The law is a ass." And Mr. Schiavo knows it.

[P-Marlowe]

There is supposed to be a presumption that any act of Congress is constitutional. Thus it is improper for a District Court Judge to make a ruling that an act of Congress that directs the court to do an act (such as a de-novo review) is unconstitutional. It is the duty of such a judge to FOLLOW THE LAW and it is the perogative of the appellate court above him to rule on the constitutionality of that law after the Judge follows the law.

Unfortunately many of these district court judges think it is their place to second guess 535 members of congress who all have sworn a duty to uphold the constitution. The fact is that this judge has no place in doing anything other than the law requires him to do and that is to conduct a de-Novo review, which he has so far refused to do.

[xzins]

It seemed to me that the whole point of Congress' act was to get the federal court system to review all of the data: that which was included, that which was excluded, and that which is new.

It amazes me that that is being refused.

There is something rotten in Florida and in this case.

[P-Marlowe]

Its the whole judicial system that is out of control. Congress needs to reign in the ability of these judges to rule on the constitutionality of their acts. They should limit the juridiction to determine the constitutionality of any act of congress to ONLY the Supreme Court of the United States. These lower court judges should have no business questioning the acts of congress.

The considered legislation passed by 535 elected representatives and the president of the united states, all of whom have sworn to uphold and defend the constitution of the United States, should not be questioned by some low level District Court Judge.

IMO the Judge is in contempt of Congress for refusing to do a de-Novo review. He should be impeached immediately. Congress needs to send a message that its orders will not be disregarded by an out of control judiciary.

[marron]

I think we are seeing how important it is that the people we trust with power be moral, and people of character.

Judges interpret laws, and how they interpret them is inevitably shaded and colored by their own moral view which shapes their thinking. You can not separate law from its underlying moral principles, and you can not have a man sit in judgement who is incapable of grasping those principles.

Judge Greer has shown himself to be unfit for public office. This case is his defining moment, and he has been found wanting. He is, sadly, not the only one, but he is emblematic of what is wrong in our judiciary.

[SvdByFaith]

My husband is a retired police officer. He worked with a man for many years who moved here from Clearwater, Florida . This man said that he couldn't take working there as an officer anymore because of the "good ol' boy system" that is prevalent there in the police departments and in the judiciary. It's all about "who you know," and "where you could go." There is NO SUCH THING as following the law there.

[betty boop]

Judge Greer has shown himself to be unfit for public office. This case is his defining moment, and he has been found wanting. He is, sadly, not the only one, but he is emblematic of what is wrong in our judiciary.

Oh, I totally agree, dear marron! Truly, I fear for our future as a society with men like this "in charge."

[PigRigger]

Please understand, I appear to be the only freeper that hasn't been following this cases in detail. Thus, I am not sure as to who is right in this situation.

However, there is one thing that disturbs me greatly. I don't understand, from what I've read and seen, why Terri is considered to be in a vegetative state if she can respond to stimuli. From what I've read, she appears to respond to those around her. She appears to be able to eat, to some degree, if fed by hand. Although she is obviously severely brained damaged, she appears to be acting in a concise manner at times.

If this is true, how can the courts dismiss this behavior if there is any question in regard to it representing a feeling cognitive person? How can any physician, dismiss these actions as non-voluntary?

As for my brother, before he passed, he did open his eyes and make noises. However, he never focused on those around him, never responded to verbal requests, and never showed any response indicating he was conscious.

The doctors described his behaviors as actions directed from the brain stem; they stated the cognitive part of his brain was showing no signs of life.

Given this, shouldn't''t it be easy for Terri's physicians to measure the brain pattern reactions to external stimuli. I may be trivializing this matter greatly, but it sounds fairly easy to prove if she is showing any signs of conscious behavior.

[Tarantulas]

But has Dr. Hammesfahr's approach ever helped anyone in persistent vegetative state? I thought not.

Cut the crap! Dr. Hammesfahr has clearly stated Terri is not in a persistent vegtative state.

Doctor Hammesfahr also appears to be totally non-credible.

With respect to the judge’s opinion of the credibility of the medical experts designated by the Schindler family, he said: "Dr. Hammesfahr testified … he gave 105 commands … Mrs. Schindler gave an additional 6 commands … he asked her 61 questions and Mrs. Schindler, at his direction, asked her an additional 11 questions. [total 183]. The court saw few actions that could be considered responsive to either these commands or those questions. While Dr. Hammesfahr testified that she squeezed his finger on command, the video would not appear to support that and his reaction on the video likewise would not appear to support that testimony." (p. 5) (24)

"…It is clear that this therapy (vasodilatation therapy) is not recognized in the medical community. …What undermines his [Hammesfahr] credibility is that he does not present to this court any evidence… he offered no names, no case studies, no videos, and no tests (sic) results to support his claim that he had success in all but one of them. If his therapy is as effective as he would lead this court to believe, it is inconceivable that he would not produce clinical results of these patients that he has treated. And surely the medical literature would be replete with this new, now patented, procedure. Yet, he has only published one article and that was in 1995 involving some 63 patients, 60% of whom were suffering from whiplash (p. 7). (For a review of Dr. Hammesfahr’s use of transcranial Doppler testing and vasodilator therapy, see the comments by Dr. Steven Novella on www.quackwatch.com, most recent revision February 14, 2000). (25-26)

"It is clear from the evidence that these therapies [hyperbaric oxygen and vasodilatation] are experimental insofar as the medical community is concerned with regard to patients like Terry (sic) Schiavo which is borne out by the total absence of supporting case studies or medical literature. … The other doctors, by contrast, all testified there was no treatment available to improve her quality of life. They were also able to credibly testify that neither hyperbaric therapy nor vasodilatation therapy was an effective treatment for this sort of injury." (p. 8) (27)

…The court finds that the credible evidence overwhelmingly supports the view that Terry (sic) Schiavo remains in a vegetative state.” (p. 6). (28)

In my own personal experience in fifteen landmark right to die courtroom cases in the United States over a span of three decades, there has never been such unbelievably false and misleading medical testimony as in Schiavo, including the retired radiologist, Dr. Maxfield, whose specialty is the use of hyperbaric oxygen treatment, and the Florida neurologist, Dr. Hammesfahr, whose specialty is the use of vasodilator therapy in a wide variety of neurological diseases. Fortunately, the videotapes of these examinations shown at trial completely undermined these two experts’ opinions.

The Schindler family, Pat Anderson, the Schindler lawyer, various vitalist groups, and the two physicians testifying at trial on behalf of the Schindlers, as well as numerous health care professionals signing affidavits who never examined Terri but instead relied on the short videotapes, have consistently maintained the following facts-Terri Schiavo is aware, responsive, follows commands, smiles in response to the family, and has emotions; the videotapes are important because they show that "Terri is a person," and that she can respond, follow commands, smile in response to her mother, and visually track objects placed in front of her; she will improve with appropriate treatment and rehabilitation; she has the ability to swallow; the reason she can’t swallow well now is because she has been denied appropriate medical treatment for years. However, the trial court judge and the appeals court justices have stated that Terri Schiavo is in a permanent vegetative state and that no treatment is available to restore her neurological functioning, consistent with the opinions of four neurologists directly involved in the care of Terri Schiavo over 15 years, and the three neurologists testifying at trial (two selected by Michael Schiavo, and the other selected by the trial court judge when Michael Schiavo and the Schindlers were unable to agree on a neutral court-appointed medical expert).

Also...

At this evidentiary hearing, the doctors were not allowed to comment on the testimony of the other five physicians, However, at one point, the attorney representing the parents of Terri Schiavo, Patricia Anderson, asked for my opinion after hearing some of Dr. Hammesfahr’s views. My reply was, "It makes me ashamed of the medical profession." After Ms. Anderson strenuously objected to my answer as "non-responsive," the judge replied, "Well, it seems, Ms. Anderson, you asked Dr. Cranford a question, and he answered it." (22)

Reference - it's an interesting if somewhat technical read.

[Alamo-Girl]

Indeed. The judiciary is way out-of-step with the soul of America.

[Da Mav]

So you now have your "federal review". I hope you are happy with the outcome and ready to put the matter to rest after appeals are exhausted.

I guess I am one of those old fashioned conservatives who believes that these matters are best left to the states. That puts me in the minority on FR, but not necessarily in the Republican Party. I anticipate remaining a vigorous fan of both, regardless of occasional disagreements on some issues.

[Jeff Head]

"[N]either the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt. He therefore is the truest friend of the liberty of his country who tries most to promote its virtue, and who, so far as his power and influence extend, will not suffer a man to be chosen onto any office of power and trust who is not a wise and virtuous man." Samuel Adams

[Revelation 911]

Congress needs to send a message that its orders will not be disregarded by an out of control judiciary.

IMO - a huge immediate pimp slap is in order - and if they squander the opportunity, hang on - because we'll see more and more judicial activism -

It needs to be reigned in NOW

lest Congress become a complete eunich

[F.J. Mitchell]

Considering the source, I will treasure that as a compliment.

Thank you Hildy.

[Tarantulas]

I don't understand, from what I've read and seen, why Terri is considered to be in a vegetative state if she can respond to stimuli. From what I've read, she appears to respond to those around her. She appears to be able to eat, to some degree, if fed by hand. Although she is obviously severely brained damaged, she appears to be acting in a concise manner at times.

If this is true, how can the courts dismiss this behavior if there is any question in regard to it representing a feeling cognitive person? How can any physician, dismiss these actions as non-voluntary?

She can't eat and doesn't respond to others around her. She does respond to stimuli, like loud noises, but that's an involuntary action. Here's what one of the doctors said who testified at the trial:

---

After Judge Greer made this ruling stating unequivocally that Terri was in a persistent vegetative state and found clear and convincing evidence of Terri’s wishes in this situation, the Schindlers appealed to the Florida court of appeals. As part of their appeal, the Schindler family submitted a 113-second videotape, accompanied by multiple affidavits from various health care professionals saying patient was not in a vegetative state. Because of these videotapes, and notwithstanding the previous definitive ruling by the trial court judge on Terri’s neurological condition and chances for recovery, the court of appeals ordered the trial court to conduct an extremely thorough evidentiary hearing, the most complex evidentiary process in over three decades of landmark right to die court cases. Many of these affidavits contain the completely erroneous assertion that Terri’s ability to handle her own secretions was incompatible with the vegetative state. None of these medical professionals (including internists, rehabilitationists, speech pathologists, and others) who submitted these multiple sets of affidavits over the years at the behest of the Schindlers, had ever personally examined the patient, reviewed the medical records in any detail, considered the medical opinions of the consulting neurologists, nor looked at the CT scans or EEG’s. They instead relied on the brief videotapes showing Terri apparently interacting with her parents and noting that Terri could handle her own secretions. A few of these medical professionals did go to the bedside with the Schindler family to make observations about Terri’s apparent interactions with her family but none performed a complete neurological examination. All the videotapes released by the Schindlers to the media that I have seen are not only entirely consistent with the vegetative state but also, to the trained eye of any doctor experienced in the diagnosis of the vegetative state and related conditions, are completely compatible with the fact that Terri is in a vegetative state. For example, if one looks at Terri’s eyes closely during these videotapes, it is reasonably evident that she does not sustained visual pursuit, nor visual fixation, even when the mother is directly in front of the patient and Terri apparently “smiling” at her mother. Sustained visual pursuit (visual tracking) is almost always the cardinal feature distinguishing patients in a vegetative state from those with any degree of cognitive functioning. And the first sign of evolving from the vegetative state to a higher level of cognitive functioning, e.g. the minimally conscious state, is almost invariably the presence of sustained visual pursuit on a consistent, sustained, and reproducible basis, a physical finding that Terri Schiavo has never demonstrated.

Also...

These presumed neurological facts and assertions by the Schindler family, their lawyer, Pat Anderson, and others about Terri’s neurological condition are all completely and categorically false, with one exception. Patients in a vegetative state usually retain an intact swallowing reflex and thus can swallow to some degree in an involuntary, reflex fashion. Swallowing tests performed on Terri Schiavo in 1990, 1991, and 1992 all showed severe oropharyngeal dysphagia, compatible with the vegetative state. No further swallowing tests were ever performed again in her subsequent clinical course, since Terri Schiavo never improved, and there was no valid reason for believing these swallowing tests would be any different today than they were over 10 years ago. Thus, Terri Schiavo does have the ability to swallow, like most other patients in a vegetative state, but only in a reflex fashion. The majority of adult patients in a permanent vegetative state, like Terri Schiavo, are given nutrition and hydration by a PEG tube placed in the stomach through the abdominal wall. This form of medical treatment is the safest and most effective way of supplying long term nutrition and hydration to an unconscious patient. (29)

It is possible (but highly unlikely) that, with a great deal of attention and care, and an understanding of how to optimize swallowing by using the involuntary swallowing reflex, Terri’s nutritional and hydration needs could be maintained by the oral route (as is the case in many children in a permanent vegetative state, where parents and health care professionals spend many hours at the bedside feeding these children by mouth by utilizing the involuntary swallowing reflex). But such an undertaking is medically inadvisable, as it would greatly increase the risk of aspiration pneumonia and death.

The overwhelming fact is that, whether Terri is fed via a PEG tube or fed orally, she is still in a permanent vegetative state, and the manner of feeding her will not result in any change in her clinical condition, except she would probably die much sooner were attempts made to feed her orally. So further swallowing tests would be totally meaningless in terms of the ultimate outcome of Terri’s neurological condition and state of consciousness.

Reference