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Florida Woman to Be Allowed to Die Despite Family's Wishes
CNSNews.com ^ | 8/05/03 | Jeff Johnson

Posted on 08/05/2003 5:55:05 AM PDT by kattracks

Capitol Hill (CNSNews.com) - Attorneys for the parents of a 39-year-old Florida woman - who suffered brain damage under uncertain circumstances in 1990 - asked the Florida Supreme Court Monday to stop her husband from allowing her to die by starvation and dehydration. The woman's family has also launched an online petition asking Florida Gov. Jeb Bush (R) to intervene in the case.

Terri Schindler Schiavo is scheduled to begin dying Monday, August 25. On that date, her nutrition and hydration will be stopped unless the Florida Supreme Court or Gov. Bush intervene.

George Felos, the attorney representing Terri's husband, Michael Schiavo, told CNSNews.com Monday that there is no hope for her condition to improve.

"She is in a 'Persistent Vegetative State' (PVS)," Felos said. "We've had doctors testify, now, in two trials before the court, and the court is absolutely convinced she is in a vegetative condition."

But Terri's father, Bob Schindler, disputed Felos' characterization of his daughter's condition.

"People keep referring to her as 'being in a coma,'" he said. "She's not in any way comatose. She's responsive, she's trying to talk."

Doctors for the parents and siblings have argued that, with appropriate therapy, Terri's condition could improve.

"A speech pathologist just filed an affidavit last week stating that Terri is communicating now," Schindler said. "There is more evidence in court from physicians stating that Terri is not in a 'Persistent Vegetative State' than her husband has doctors stating that she is."

Supporters of the family have launched a website displaying video recordings of Terri purportedly attempting to answer questions, opening her eyes in response to instructions to do so from a doctor and responding to her mother's voice by smiling and turning her head.

Felos called the debate over Terri's medical condition "a red herring."

"Terri Schiavo didn't say, 'If I'm in a vegetative condition, I don't want to be kept alive artificially,'" Felos claimed. "She said, 'If I'm in a condition where I can't care for myself, I'm dependent on the care of others, I don't want to be kept alive artificially.'"

Terri's husband, his brother, Scott Schiavo, and his sister-in-law, Joan Schiavo, all testified that Terri had previously stated her desire not to be kept alive artificially. Both the initial trial court and an appellate court have sided with Michael Schiavo as Terri's legal guardian.

But Terri's parents have questions about the circumstances of the reported heart attack that caused Terri's brain damage, questions they believe should cast doubt on Michael Schiavo's fitness to be Terri's guardian. They point to an emergency room "admitting summary" from the night the brain damage occurred, which noted that Terri had a "rigid neck." One physician reviewing the records stated that the only other patient he had treated with a similarly "rigid neck" had been the victim of strangulation.

The parents also believe a bone-scan report supports their theory that Terri's brain damage is the result of an assault and not a heart attack. The parties in the dispute hotly contest the bone scan, which was completed 53 weeks after the event that led to the brain damage.

Three physicians have testified that, based upon the bone scan, Terri appeared to have been physically assaulted. The injuries they identified included "trauma to her ribs, her pelvic area, L1 vertebrae, spine, both knees and both ankles...a broken femur and a broken back."

Felos and Michael Schiavo's doctors also dispute those claims.

"What that bone scan shows is...an accumulation of calcium deposits in the joints," Felos explained.

He also dismissed the accusation that Michael Schiavo allegedly tried, unsuccessfully, to strangle his wife, cutting off the flow of oxygen to her brain, resulting in brain damage.

"They're hogwash," he said. "They make good copy, and they're good propaganda, but there's no truth to it."

Felos believes the attempts by the Schindler family to keep their daughter alive are based not on her condition or what caused it, but on their personal beliefs.

"This case really is about ideology. It's about the ideology of the parents and their attempts to impose their will on Terri," he charged. "The Schindlers are being supported financially, their lawyers are being paid by the fanatic anti-choice, right-to-life proponents in this country."

CNSNews.com was unable to speak directly with Schindler family attorney Pat Anderson to determine who, if anyone, is paying for her services. Felos acknowledged that he was receiving payment for his services from the medical malpractice award fund established to provide for Terri's rehabilitation. He said that he has not, however, been paid in more than a year.

The motion filed by the Schindler family attorneys Monday asked the Florida Supreme Court to review the appellate court's decision based on an alleged misapplication of legal standards in determining whether or not Terri Schindler Schiavo is in a "Persistent Vegetative State" and therefore, legally eligible to be removed from life support.

Felos will have 20 days to respond, after which the Florida Supreme Court may choose to hear the case or simply rule in favor of Michael Schiavo. Should the latter occur, the trial judge would set a new date to cease Terri's feeding and hydration. She would be expected to die within 10 to 15 days.

E-mail a news tip to Jeff Johnson.

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TOPICS: Culture/Society; News/Current Events
KEYWORDS: felos; floridasuncoast; greer; hospice; schiavo; schindler; terri
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To: SuziQ
Is there some financial advantage for him if she dies? If it turns out that the judge does allow this to happen, he should also make the husband sit by his wife's bedside so he can see the results of his decision as she lays dying a very uncomfortable death.

Of course there is a financial advantage. He is responsible for years of medical bills that will reach in to the multi-millions of dollars.

Who says taking away nutrition and hydration will result in a painful death? If she is in a persistant vegetative state, she should not have any brain function to feel pain with.

21 posted on 08/05/2003 7:35:37 AM PDT by Dave S
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To: Onelifetogive
She should "at least" be "put to sleep." Starvation and dehydration is cruel.

Not if she is persistant vegetative state. Without brain function, how is going to feel pain?

22 posted on 08/05/2003 7:38:21 AM PDT by Dave S
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To: Dave S
Not if she is persistant vegetative state. Without brain function, how is going to feel pain?

See the video...

23 posted on 08/05/2003 7:40:18 AM PDT by Onelifetogive
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To: Ron in Acreage
If this goes through, I will NEVER vote for Jeb Bush for higher office. He will have proven himself morally incompetent for the job. IMHO, her husband is doing this because he tried to kill her and she's responding too much now. She might tell what she knows if she remembers. Too risky for him.
24 posted on 08/05/2003 7:42:11 AM PDT by twigs
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To: ctlpdad; farmfriend; sauropod
thanks for the ping! We must all work so hard to stop this murder! This is evil, not insane!
25 posted on 08/05/2003 8:01:10 AM PDT by countrydummy
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To: Dave S
Your comments here are so upsetting, to the point of outrage! Note, it is not her family members, but his! Have you watched the videos? Apparently not! And your "the courts" have decided? Have you no idea that evidence was not allowed to be entered! Screw the courts! "Courts" also allowed for be-headings in the past, where they right?
26 posted on 08/05/2003 8:07:33 AM PDT by countrydummy
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To: Xenalyte
count me in as well!
27 posted on 08/05/2003 8:24:32 AM PDT by countrydummy
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To: Dave S
Hey Brainiac, look at the video and the info on the web-site before sharing your "wisdom" with us. This woman MAY be the victim of a murder plot by a criminally abusive husband who could be trying to cover up his crimes by pulling the feeding tubes and letting her die so that she will be silenced from any future potential accusations. AT THE VERY LEAST a full and impartial investigation should ensue while life giving care continues.
28 posted on 08/05/2003 8:29:47 AM PDT by jonboy
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To: kattracks
"People keep referring to her as 'being in a coma,'" he said. "She's not in any way comatose. She's responsive, she's trying to talk." Doctors for the parents and siblings have argued that, with appropriate therapy, Terri's condition could improve.

Well, if we are to believe as her family believes as indicated above, then unhooking her from life support will not kill her.

Here is another example of why it is necessary for people to fill out a living will and explain your wishes in such a case as this. Be sure to leave it with your lawyer.

29 posted on 08/05/2003 8:49:20 AM PDT by beachn4fun (Beware of the Burka man.....Say No to Burkas....Today is NO BURKA day.....)
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To: jonboy
AT THE VERY LEAST a full and impartial investigation should ensue while life giving care continues.

So several courts are not capable of giving full and impartial investigation? You want to appoint a blue ribbon commission of politicos? Or cherry pick from a list of Pro-Life doctors?

Does the woman's brain have brain waves? If not, there is no there, there.

If you all want to prolong the woman's life despite her own wishes, then I suggest you join with the parents in putting together a multi-million dollar fund to pay for her care.

30 posted on 08/05/2003 9:08:02 AM PDT by Dave S
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To: countrydummy
Have you no idea that evidence was not allowed to be entered!

And what was the reason, no scientific basis for the testimony? Some evidence.

Screw the courts! "Courts" also allowed for be-headings in the past, where they right?

Hey, I would be all for public be-headings if they brought them back.

31 posted on 08/05/2003 9:10:42 AM PDT by Dave S
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To: jonboy
This woman MAY be the victim of a murder plot by a criminally abusive husband who could be trying to cover up his crimes by pulling the feeding tubes and letting her die so that she will be silenced from any future potential accusations.

I dont see the "abusive" husband on trial for any of these so called crimes. Seems there is a lot more evidence that the woman is a veggie than he is a killer or even a wife abuser. Remember the operative words is your post were MAY BE, not IS.

32 posted on 08/05/2003 9:14:57 AM PDT by Dave S
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To: kattracks
"There is more evidence in court from physicians stating that Terri is not in a 'Persistent Vegetative State' than her husband has doctors stating that she is."

If this is true (and everything I've heard indicates that it is, the judge should stop this man from killing his wife. In fact, I think he should be tried for attempted murder (but of course, I know he won't be).

33 posted on 08/05/2003 9:35:17 AM PDT by MEGoody
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To: Jay D. Dyson
"I hate to inject a bit of rationality into this, but all of us were scheduled to "begin dying" the day we came out of our mother's womb."

Indeed. But if an infant were starved to death, we'd put the parents in jail. Yet, this woman's 'husband' may be able to obtain the legal right to starve her to death.

What a world.

34 posted on 08/05/2003 9:39:29 AM PDT by MEGoody
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To: Dave S
"Does the woman's brain have brain waves? If not, there is no there, there."

Did you even look at the video? No, of course not. You are too busy arguing to get the facts. There are obviously 'brain waves'. There's ample testimony from medical experts that this woman is not in a persistent vegetative state. Even this article mentions that.

35 posted on 08/05/2003 9:44:34 AM PDT by MEGoody
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To: kattracks
A couple questions, if anyone knows:

1) Why do her parents think her husband may have tried to kill her back in 1990? I don't mean the opinion of the doctor who said he believes she suffered an assault. If its a legitimate thought, then her partents must have some reason to believe he would have tried to kill her.

2) She has been in this condition for 13 years. If this was some devious plot by her husband, why has he waited this long?

3) I don't see Jeb's place in this fight. If the Florida Supreme Court refuses to hear the case, then it should be over. Governor Bush has no legitimate power to interfere.

36 posted on 08/05/2003 9:50:41 AM PDT by HurkinMcGurkin
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To: beachn4fun
beach, she is not on life support machines, she just has a feeding tube, hubby wants it jerked and then she will starve to death!
37 posted on 08/05/2003 9:59:16 AM PDT by countrydummy
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To: All
CALL TO ACTION
REGARDING: Terri Schiavo
Please read and forward.
 
Friends,
 
You may already know Terri Schiavo's situation. Many of you have personally expressed your concern about this tragedy that is currently unfolding in the Florida Courts.
 
Matters got worse on Friday, July 10th, when Terri's family was informed that the appellate court would provide no relief. In two weeks, Terri's case will head back to Judge George Greer's court where he will order Terri's starvation death to commence.
 
Terri's family intends to do everything possible to stop this action, but time is running out FAST. One hope - perhaps the only hope - is Florida's Governor, Jeb Bush. He has the authority to grant a 'stay' while he conducts an investigation to determine the actual cause of Terri's mysterious collapse. Here's why he should intercede:
 
For over 10 years, Terri's husband, Michael Schiavo, sealed Terri's medical records from inspection. Only recently, doctors other than those selected by Michael Schiavo, reviewed these medical records. It was found that a heart attack did not cause Terri's collapse as everyone was led to believe. Rather, according to one physician, Terri may have been a strangulation victim. In addition, a radiologist concluded that Terri was "worked over pretty good".
 
After reviewing the newly found evidence and professional opinions, the consensus strongly suggests that Terri may have been physically battered by her husband Michael Schiavo, thus causing Terri's asphyxiation and ensuing heart failure. This new information is too incriminating to be ignored, it must be investigated.
 
The following link is a petition to Governor Bush regarding Terri's case that asks him to "stay" any further legal proceedings until an investigation can be made. You too can help Terri, but she needs you to act immediately. In 14 days, her fight could be over.
 
Please go to http://petitionjeb.netfirms.com/. If you have difficulty or the site becomes busy, you can try www.geocities.com/phenn.
 
If you could sign your name & your city at the bottom and click the submit button. It will only take a moment of your time and your information is confidential.
 
If you would also like to personally write the Governor, his email is jeb@jeb.org. You can also fax Governor Bush @ 850-922-4292, or you can call his office @ 850-488-4441.
 
If you are not familiar with all the aspects of this case, you visit the family's web site on www.terrisfight.org to learn more about the legal battle.
 
You are welcome to telephone me personally if I may answer any questions or provide any additional information.
 
Finally, if you could, please forward this email along to every person you know and ask that they do the same. With everything I have in me, I beg you to act as quickly as possible. Please do not turn your back on this innocent woman.
 
Thank you on Terri's behalf and on behalf of the family and friends who love her.
 
Pamela F. Hennessy
Volunteer - Terri Schindler-Schiavo Foundation
727-445-1766 Land
727-430-6236 Cell
phenn@yahoo.com
 
TERRI SCHIAVO, SCHINDLER FAMILY - URGENT!!! Call to Action
http://www.freerepublic.com/focus/f-news/947889/posts

38 posted on 08/05/2003 10:07:09 AM PDT by Coleus (God is Pro Life and Straight and gave an innate predisposition for self-preservation and protection)
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To: 2ndMostConservativeBrdMember; afraidfortherepublic; Alas; al_c; american colleen; annalex; ...
`
39 posted on 08/05/2003 10:07:43 AM PDT by Coleus (God is Pro Life and Straight and gave an innate predisposition for self-preservation and protection)
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To: Dave S
Doctors for the parents and siblings have argued that, with appropriate therapy, Terri's condition could improve.

Then why haven't they done something in the last 13 years?

40 posted on 08/05/2003 10:11:01 AM PDT by Howlin
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