Posted on 04/07/2005 5:34:06 PM PDT by News Hunter
Edited on 04/07/2005 5:39:05 PM PDT by Sidebar Moderator. [history]
In a situation recalling the recent death of Terri Schindler-Schiavo in Florida, an 81-year-old widow, denied nourishment and fluids for nearly two weeks, is clinging to life in a hospice in LaGrange, Ga., while her immediate family fights desperately to save her life before she dies of starvation and dehydration.
Mae Magouirk was neither terminally ill, comatose nor in a "vegetative state," when Hospice-LaGrange accepted her as a patient about two weeks ago upon the request of her granddaughter, Beth Gaddy, 36, an elementary school teacher.Also upon Gaddy's request and without prior legal authority, since March 28 Hospice-LaGrange has denied Magouirk normal nourishment or fluids via a feeding tube through her nose or fluids via an IV. She has been kept sedated with morphine and ativan, a powerful tranquillizer.
Her nephew, Ken Mullinax, told WorldNetDaily that although Magouirk is given morphine and ativan, she has not received any medication to keep her eyes lubricated during her forced dehydration.
"They haven't given her anything like that for two weeks," said Mullinax. "She can't produce tears."
The dehydration is being done in defiance of Magouirk's specific wishes, which she set down in a "living will," and without agreement of her closest living next-of-kin, two siblings and a nephew: A. Byron McLeod, 64, of Anniston, Ga.; Ruth Mullinax, 74, of Birmingham, Ala.; and Ruth Mullinax's son, Ken Mullinax.
Magouirk's husband and only child, a son, are both deceased.
In her living will, Magouirk stated that fluids and nourishment were to be withheld only if she were either comatose or "vegetative," and she is neither. Nor is she terminally ill, which is generally a requirement for admission to a hospice.
Magouirk lives alone in LaGrange, though because of glaucoma she relied on her granddaughter, Beth Gaddy, to bring her food and do errands.
Two weeks ago, Magouirk's aorta had a dissection, and she was hospitalized in the local LaGrange Hospital. Her aortic problem was determined to be severe, and she was admitted to the intensive care unit. At the time of her admission she was lucid and had never been diagnosed with dementia.
Claiming that she held Magouirk's power of attorney, Gaddy had her transferred to Hospice-LaGrange, a 16-bed unit owned by the same family that owns the hospital. Once at the hospice, Gaddy stated that she did not want her grandmother fed or given water.
"Grandmama is old and I think it is time she went home to Jesus," Gaddy told Magouirk's brother and nephew, McLeod and Ken Mullinax. "She has glaucoma and now this heart problem, and who would want to live with disabilities like these?"
Gaddy's telephone is not in operation and she could not be reached for comment.
According to Mullinax, his aunt's local cardiologist in LaGrange, Dr. James Brennan, and Dr. Raed Agel, a highly acclaimed cardiologist at the nationally renowned University of Alabama-Birmingham Medical Center, determined that her aortic dissection is contained and not life-threatening at the moment.
Mullinax also states that Gaddy did not hold power of attorney, a fact he learned from the hospice's in-house legal counsel, Carol Todd.
On March 31, Todd told Ruth and Ken Mullinax during a phone conversation Georgia law stipulated that Ruth Mullinax and her brother, A.B. McLeod, were entitled to make any and all decisions for Magouirk. Ruth Mullinax immediately told Todd to begin administering food and fluids through an IV and a nasal feeding tube.
Todd had the IV fluids started that evening, but informed the family that they would have to come to the hospice to sign papers to have the feeding tube inserted. Once that was done, Magouirk would not be able to stay at the hospice.
Ken Mullinax recalled that Todd said the only reason Magouirk was in the hospice in the first place was that the LaGrange Hospital had failed to exercise due diligence in closely examining the power of attorney Beth Gaddy said she had, as well as exercising the provisions of Magouirk's living will.
Todd explained that Gaddy had only a financial power of attorney, not a medical power of attorney, and Magouirk's living will carefully provided that a feeding tube and fluids should only be discontinued if she was comatose or in a "vegetative state" – and she was neither.
Gaddy, however, was not dissuaded. When Ken Mullinax and McLeod showed up at the hospice the following day, April 1, to meet with Todd and arrange emergency air transport for Magouirk's transfer to the University of Alabama-Birmingham Medical Center, Hospice-LaGrange stalled them while Gaddy went before Troup County, Ga., Probate Court Judge Donald W. Boyd and obtained an emergency guardianship over her grandmother.
Under the terms of his ruling, Gaddy was granted full and absolute authority over Magouirk, at least for the weekend. She took advantage of her judge-granted power by ordering her grandmother's feeding tube pulled out, just hours after it had been inserted.
Florida law requires that a hearing for an emergency guardianship must be held within three days of its request, and Magouirk's hearing was held April 4 before Judge Boyd. Apparently, he has not made a final ruling, but favors giving permanent guardianship power to Gaddy, who is anxious to end her grandmother's life.
Ron Panzer, president and founder of Hospice Patients Alliance, a patients' rights advocacy group based in Michigan, told WND that what is happening to Magouirk is not at all unusual.
"This is happening in hospices all over the country," he said. "Patients who are not dying – are not terminal – are admitted [to hospice] and the hospice will say they are terminally ill even if they're not. There are thousands of cases like this. Patients are given morphine and ativan to sedate them. If feeding is withheld, they die within 10 days to two weeks. It's really just a form of euthanasia."
Ken Mullinax does not want that to happen to his aunt. He pointed out that one of the ironies in this tragedy is that the now-helpless woman worked for years as a secretary for a prominent local cancer doctor.
"She devoted her whole life to helping those who heal others, and now she's being denied sustenance for life," he said.
Mullinax said he has begged Gaddy to let him take on full responsibility for his aunt's care.
"If she would just give us a chance to keep Aunt Mae alive, that's all we ask," he said. "They [Beth and her husband, Dennis Gaddy] have a family and Beth is a teacher, and it was just getting to be a lot of trouble. But I'm the caregiver for my mom, and Aunt Mae could move in with us. We'll buy another house with a bedroom and we'll take care of her. She can move in with us once she can leave the hospital."
But her health becomes more precarious by the hour. Her vital signs are still good, but since admission to hospice she has not been lucid – "but who would be since nourishment and fluids have been denied since March 28," Mullinax remarked.
Attorney Carol Todd could not be reached for comment; a message on her voicemail said she would not be gone the entire week of April 4. Hospice-LaGrange did not return phone calls.
Let's hope so.
However, Gaddy and her brother, Michael Shane Magouirk, obtained an emergency injunction from Troup County Probate Judge Douglas Boyd to prevent the planned air transport.
I read that article after I posted the question about Mae's sister siding with Gaddy. I'm not sure what relation Michael Shane Magouirk is to Mae, but a casual read is that he is Gaddy's sister, i.e. is a grandson.
I'm curious about the strong sentiment that the new WND article represent a strong backtrack of some sort. IT appears to have the same general allegation that Gaddy wrongly commited her grandma to hospice; wrongly ordered withholding of nutrition and hydration; and hustled to a court to obtain legal guardianship while Mae's siblings were attempting to restore intubation. And none of the report clarify the timeline of intubation instigation, removal, restoration, etc.
Try to answer!
Well it seems to now admit that the starving may not be taking place, which was the hot button for most here. It now discusses the second hearing which would lead to the conclusion that everyone was involved and that Gaddy had a very limited guardianship order, and that the real issue may just be whether Mae is to be transported to another location or remain in the hospice. One reads from that, that the doctors assigned will determine if she is terminal and the extent of any medical needs. The judge, it seems has ordered Gaddy to ensure proper nutrition. It appears that the judge has things under control, at least temporarily. It appears far different from the intital read.
No, it does not. I am giving up on the notion that anyone is playing by any rules in these situations, including the rules of decency.
Glenn was duped, all right, as was his entire listening audience.
Yes. Time does move forward, and events do develop.
As for the doctors making a determination whether or not Mae is terminal, I read the article differently. The article says,
Under the terms of an April 4 court order, La Grange cardiologists James Brennan and Thomas Gore, and Dr. Raed Aquel, of UAB Medical Center, Birmingham, are to evaluate Magouirk and decide what treatment would be best and where it should take place.
I suppose one can read that as implying first a determination of whether or not her condition is terminal, but the usual course (as is being taken with Mae's sister) is to decice between surgical procedures and medication procedures. In other words, the assumption being that her condition is not presently terminal.
I think it is agreed that the judge's order includes an order for "proper nutrition." But there are conflicting reports as to whether or not Mae is receiving an amount of nutrition necessary to maintain her body. The nephew's reported e-mail post-dated the order, I think, and in the e-mail he asserts that Mae was [at that moment] not being properly nurished.
I do agree that this is so far a non-story. No major media have picked it up, so the non-story status is self-evident.
Right now, proper nutrition is most likely the important issue. I assume the hospice now has the judges order, and will take it seriously.
BTW, on another point, the LaGrange News reports that the other party along with Gaddy is the grandson, and I can find no other references to more than one sister, and it seems clear that the one sister is in the Mullinax camp.
But while the doctors ponder her condition, it is not certain if Magouirk has had a nasal feeding tube inserted for nourishment or an IV for hydration. According to Magouirk's nephew, Ken Mullinax, 45, his aunt has been without substantial food or hydration for 10 days....
Ken Mullinax hoped that publicity about the case would result in a feeding tube being inserted so she could begin receiving nourishment, but he told WorldNetDaily this has not happened.
WorldNetDaily has not been able to verify if food is still being denied, but if it is it would be in contradiction of the court's ruling.
The second article seems to contain approximately the same allegations that the first article contained; that Ken asserts a feeding tube has not been restored, and Ken is concerned that this omission is detrimental to Mae's physical health.
We also are told that even hospice counsel admits Mae had been denied food. The decision to withhold food must have been legal (at least supported by reasonable belief), or else it would not have been implemented.
However, she [Mae's sister] had to be told about her sister's situation because it was necessary for her to be in Judge Boyd's courtroom for the April 4 hearing as she was fighting Gaddy's petition for guardianship over Ora Mae, and had already learned about the denial of food by talking with Hospice counsel, Carol Todd.
I sincerely doubt that the lynch mob would have come out if WND and Glenn Beck had reported what is currently on the WND website and the LaGrange News. I do believe that WND was reporting with an agenda, which it has every legal right to. But as you and others have noted, it does seem like more of a non-story now than before.
Anyone who says he can see through a woman is missing alot.
You are senseless on this matter of this woman in Georgia.
Let's hope the 81 year old woman doesn't die before your lapse into righteous "even mindedness" has taken effect.
"Proper nutrition" is also an indefinite term, unless accompanied by a definition. I'm sure hospice is taking all of this attention seriously, and probably wishes this family feud was not in the public eye.
BTW, on another point, the LaGrange News reports that the other party along with Gaddy is the grandson, and I can find no other references to more than one sister, and it seems clear that the one sister is in the Mullinax camp.
So you would modify your earlier, "Also note that Mae's sister aligned herself with Gaddy in the guardianship issue with the judge" to read "Mae's grandson." And as the article says, that alignment is reported on a narrow issue, transportation to a hospital via air.
However, Gaddy and her brother, Michael Shane Magouirk, obtained an emergency injunction from Troup County Probate Judge Douglas Boyd to prevent the planned air transport.
Assuming for the sake of argument that Gaddy wants grandma to be with Jesus, it may be that her brother objects to transport at this time becuase he is afraid it will cause her to be with Jesus. ;-) They may agree on an action, but for completely different reasons. No way for us to know, and the reverse could be true. It is also true that people are known to change their point of view, which makes the entire situation fluid.
Yikes. That "lynch mob" terminology is a bit inflammatory.
Anyway, the genesis of the story seems to lie with Ken. I wonder whether events would transpire differently if Ken and Mae's sister's side of the story didn't expand beyond their personal sphere of influence. No way for us to know for sure.
My "non-story" comment wasn't meant as a comparison between the story as reported on Thursday and as reported now. It was that the events either way are and were a non-story. No major media outlet is covering this.
FWIW, the original genesis is a press release dated April 6 (Wednesday). Of course it is a one-sided presentation, because Ken did not agree with the steps Gaddy, hospital and hospice were taking.
You may have seen it already, if so, just ignore this pointer ;-)
I prefer the orthography "Theresa Marie Schindler (Schiavo)". Makes clear who is being talked about, while at the same time making clear which is the real name.
Heheheh. I was just rereading the thread and noticed this. My "best interests is subjective" point is, I think different from the one you alude to. My point was meant to illustrate that "best interests" can be subjectively taken in diametrically opposite ways.
"Best interests is to be with Jesus sooner, via withholding nutrition and water"
vs.
"Best interests is to choose a medical course of action that has the greatest likelihood of sustaining the patient's life."
The second one involves all subjective medical points and uncertainties. The first is not a medical decision to treat a treatable condition, rather it is an ethical judgement that the patient is better off dead. I must concede that a significant fraction of the medical and legal community holds that withholding of food and water constitutes an acceptable "medical treatment" for otherwise non-terminal patients, in particular, those that it deems to be better off dead.
To admit one made a mistake, explain the wisdom one has received since then, and seek to correct the mistake, is not the action of a flip-flopper. A flip-flopper is someone who says one thing is correct, and then later says some contrary thing is correct, without ever admitting that the first thing was wrong.
What evidence is there that the grandmother would be PVS or comatose were she not massively drugged?
I did earlier tell you that I could not get an independent verification of that, and that another source reported it as a brother. Later I told you that it appears to have been Gaddy's brother, not Mae's brother.
They may agree on an action, but for completely different reasons. No way for us to know, and the reverse could be true. It is also true that people are known to change their point of view, which makes the entire situation fluid.
It would be a major step forward for those here with a fixed picture to admit that perhaps there is more to this than any of us know.
Present company completely excluded. You have been more than willing to discuss this reasonably. By the lynch mob I refer to those who immediately condemned some with no other news but the first reports. And the condemnation was heated and pretty nasty.
Anyway, the genesis of the story seems to lie with Ken. I wonder whether events would transpire differently if Ken and Mae's sister's side of the story didn't expand beyond their personal sphere of influence. No way for us to know for sure.
I am tempted to question Ken's motivations for going so public, but then I would possibly be jumping to conclusions. It would be interesting to know just how involved Ken was with Mae during the 10 years that Gaddy cared for her. We may never know the total story.
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