Posted on 03/25/2005 5:57:14 PM PST by waynebobo
Q. How do you feel about being married to Terri now. MS. I feel wonderful. She's my life and I wouldn't trade her for the world. I believe in my marriage vows.
Q. You believe in your wedding vows, what do you mean by that? MS. I believe in the vows I took with my wife, through sickness, in health, for richer or poor. I married my wife because I love her and I want to spend the rest of my life with her. I'm going to do that.
Why present such an incomplete picture of the Wolfson Report, considered one of the best historical references of this matter:
Here are some clips:
Michael Schiavo, on Theresa's and his own behalf, initiated a medical malpractice lawsuit against the obstetrician who had been overseeing Theresa's fertility therapy. In 1993, the malpractice action concluded in Theresa and Michael's favor, resulting in a two element award: More than $750,000 in economic damages for Theresa, and a loss of consortium award (non economic damages) of $300,000 to Michael. The court established a trust fund for Theresa's financial award, with SouthTrust Bank as the Guardian and an independent trustee. This fund was meticulously managed and accounted for and Michael Schiavo had no control over its use. There is no evidence in the record of the trust administration documents of any mismanagement of Theresa's estate, and the records on this matter are excellently maintained.
By 1994, Michael's attitude and perspective about Theresa's condition changed. During the previous four years, he had insistently held to the premise that Theresa could recover and the evidence is incontrovertible that he gave his heart and soul to her treatment and care. This was in the face of consistent medical reports indicating that there was little or no likelihood for her improvement.
It took Michael a long time to consider the prospect of getting on with his life – something he was actively encouraged to do by the Schindlers, long before enmity tore them apart. He was even encouraged by the Schindlers to date, and introduced his in-law family to women he was dating. But this was just prior to the malpractice case ending.
In 1997, six years after Theresa's tragic collapse, Michael elected to initiate an action to withdraw artificial life support from Theresa. More than a year later, in May of 1998, the first petition to discontinue life support was entered. The court appointed Richard Pearse, Esq., to serve as Guardian Ad Litem to review the request for withdrawal, a standard procedure.
Mr. Pearse's report, submitted to the court on 20 December 1998 contains what appear to be objective and challenging findings. His review of the clinical record confirmed that Theresa's condition was that of a diagnosed persistent vegetative state with no chance of improvement.
In response to Mr. Pearse's report, Michael Schiavo filed a Suggestion of Bias against Mr. Pearse. This document notes that Mr. Pearse failed to mention in his report that Michael Schiavo had earlier, formally offered to divest himself entirely of his financial interest in the guardianship estate.
Testimony provided by members of the Schindler family included very personal statements about their desire and intention to ensure that Theresa remain alive. Throughout the course of the litigation, deposition and trial testimony by members of the Schindler family voiced the disturbing belief that they would keep Theresa alive at any and all costs. Nearly gruesome examples were given, eliciting agreement by family members that in the event Theresa should contract diabetes and subsequent gangrene in each of her limbs, they would agree to amputate each limb, and would then, were she to be diagnosed with heart disease, perform open heart surgery. There was additional, difficult testimony that appeared to establish that despite the sad and undesirable condition of Theresa, the parents still derived joy from having her alive, even if Theresa might not be at all aware of her environment given the persistent vegetative state. Within the testimony, as part of the hypotheticals presented, Schindler family members stated that even if Theresa had told them of her intention to have artificial nutrition withdrawn, they would not do it. Throughout this painful and difficult trial, the family acknowledged that Theresa was in a diagnosed persistent vegetative state.
Upon appointment, this Guardian Ad Litem met with the Schindler family and their attorneys, Michael Schiavo and his attorney, and with the Ward, Theresa Marie Schiavo. The establishment of a trusting relationship with all of the parties was a priority in order to ensure that any recommendations would be feasible and valuable. Only thirty days were afforded to the process.
All court records were accessed and reviewed, including all items of evidence in the case. Extensive discussions were held with family members and caregivers along with the acquisition and review of background data and information from the case file to assist the Guardian Ad Litem in becoming as personally acquainted with his ward, Theresa Schiavo as possible, in the short time available. The Guardian Ad Litem has made numerous and frequent visits to Theresa at the hospice where she resides, including an arranged visit with her parents to observe interactions. The Guardian ad Litem has met with and discussed aspects of Theresa's case with hospice staff, physician cardiologists, gastroenterologists, internists, neurologists, neurosurgeons, trauma specialists, anesthesiologists, swallowing disorder specialists; speech pathologists specializing in rehabilitation, swallowing tests and swallowing therapy; and with clergy, elder law specialists, bioethicists, and health policy specialists. In addition to reading the nearly 30,000 pages of court records, the Guardian Ad Litem has conducted a review of the medical literature and has received thousands of unsolicited documents, sources of referral, claims regarding successful interventions, and wishes of good luck. Governor Bush, to whom this report is directed, requested a meeting with the Guardian Ad Litem to discuss the charge. The Guardian Ad Litem met with the Governor, his General Counsel and private external counsel to review the Guardian Ad Litem's plan and direction. The meeting was valuable in establishing the expanded trust among the parties that the Guardian Ad Litem has sought to cultivate from the inception if his appointment.
is noteworthy that the general principle of artificial nutrition as artificial life support that may be removed in terminal and even vegetative state conditions is reflected in nearly all state's laws and within the guidelines of end of life care enunciated by the American Conference of Catholic Bishops and other religious denominations.
Thank you for that link! That letter from her parents is heartbreaking.
...This is what confuses me. I keep hearing "we can't try to feed her orally, she might aspirate and die". Does anyone else find this ironically stupid?...
Yes. It's not like we don't know how to feed her without killing her.
Do we have access to the ENTIRE malpractice trial transcript. It might be instructive, the testimony of medical personell etc. at that time. How did you find that link of his testimony?
He even had her cat's PTS and blamed it on her mother.. he was trying to erase her right off the bat and telling the jury he "loved her." what a POS.
I am going to throw up. This pond scum should be investigated and for real this time.
Opening Statement by Michael Schiavo's Lawyer:
You'll find from the evidence past medical bills and lost earnings are in the neighborhood of $500,000, and to care for her in the future and compensate her for lost earnings, obviously, she cannot work. And if she lives a normal life expectancy, fifty-one years, and the cost of that, depending on whether or not in an institution or Mike takes her home is between 12 and 16 million dollars. They say, well, she doesn't have a normal life expectancy. You'll hear if she receives proper treatment, there's no reason why she shouldn't. And she is not just a head on a pillow. She can't respond much but she can respond, and she does respond a little bit, not much. But enough to give him hope.
One of the nurses testified, that when MS visited Terri, afterwards her blood sugar was dangerously low.
Wow. This is breaking news! Wow!
I'm really beginning to wonder what is your obsession to defend and paint as a sait the man who has abused Terri for more than a decade now. Work for Michael Schiavo or trolling for threats to rasie some lawsuits? Why do you insist on putting so much posting bandwidth into painting a monster as a saint when he is getting his wish and Terri is dying as you run about licking Michael's cowlick down.
Ping
Thanks Peach, for posting the whole text. Saved and printed
BINGO, Yet there is no "De Novo" review
Sorry for not pinging you when mentioning you... See Post #56
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