Florida Woman to Be Allowed to Die Despite Family's Wishes

CNSNews.com ^ | 8/05/03 | Jeff Johnson

[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.

Send a Letter to the Editor about this article.

[CFW]

It's my understanding that as her spouse the hubby has all say so regarding her medical treatment. If he don't authorize it, it can't be done.

[afraidfortherepublic]

I saw this poor woman on TV, and she looked cognitive to me. I think that it is tragic that she has been denied rehabiltative services all these years. It was obvious from the film that she recognized her family and was delighted in their attention.

[Alamo-Girl]

Thanks for the heads up!

[beachn4fun]

understood, but something still does not seem quite right about the whole story. There seems to be conflicting pieces in the article. Got to do more research on it.

[Canticle_of_Deborah]

I will volunteer my services to the Schindler family to help raid the facility Terri is in and sneak her away to whatever location they deem fit and safe. I'll pay my own way to Florida and all my expenses.

You've been reading my mind;-)

[nina0113]

CFW is correct - her husband as legal next-of-kin has refused all rehabilitative therapy for her. He has been shacked up with his 'fiancee' for years and they have at least one child together. Terri's family has tried to buy Michael off, promising if he would just divorce their daughter so that they could assume responsibility for her, he could keep the medical settlement money. Though he's already blown most of it suing to kill her.

Why would he want her dead rather than recovered? Not completely, that's impossible. But what would she say about the night of her attack, if she could speak?

[nina0113]

O'Reilly had a video of her on his show a week or so ago - she was looking at her mother (I believe that's who it was - I came in in the middle), smiling and trying to laugh. Her eyes tracked her mother and her facial expression clearly changed. Not even close to PVS.

[al_c]

The Florida Supreme Court declined Friday to lift a lower court's stay that is preventing removal of a feeding tube keeping a brain-damaged woman alive.

[Howlin]

I knew there had to be more to this story. Do you have any links so I can get up to speed on this?

[Antoninus]

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

Until you've watched the video, please shut up.

[SarahW]

so then, why is removing a feeding tube going to kill her?
She should be able to sip water and nibble food. The court order is for the artificial life support to be ended, not to deny her water or food the regular way.

[najida]

My guess is she has dysphagia and may be at risk for aspiration.

Just because she can't feed herself isn't a reason for putting in a PEG. Usually, in LTC settings, if a person can swallow and eat normally, they are fed by staff. That is something that is expected per state regs. Unless their oral intake is so poor that they aren't meeting their caloric needs (which could also be her case.)

Granted, that is the usual. This case is just weird. I have never heard of a feeding tube being pulled from someone who is clearly conscious like her.

[small_l_libertarian]

The feeding tube was originally put in so that it would be easier for her caretakers to feed her. Up until that point, she was being fed normally.

A couple of years ago, when this dispute first started getting really hot and heavy, her parents requested that the nursing home try to feed her normally to see if she could still swallow. The nursing home said that they would be willing to try, but the husband refused to allow them to do it.

[nickcarraway]

I fervently hope that Governor Bush intervenes. This man is trying to cover up a crime, and killing a person to do it.

[small_l_libertarian]

I live here in Tampa. If you go through with this, contact me via Freepmail. I'll help you.

[nickcarraway]

Tell me where to sign up...

[MEGoody]

"so then, why is removing a feeding tube going to kill her?"

There are any number of cases where someone is unable to feed themselves or eat solid food, but they are not 'brain dead' or a 'vegetable'. Should we starve someone to death simply because they cannot feed themselves or eat solid food? I doubt you'd agree to that.

[najida]

In the average 100 bed LTC facility, there is usually about 12 to 20 tube feeders. Some are on a combination of oral feedings by day and tube feedings by night. Some eat meals and get bolus feedings via tube between meals. Whatever workds best.

It is very common. Many are alert, oriented. Just unable to physically feed themselves or unable to chew/swallow or not able to consume a sufficient amount of food by mouth.

Granted, as some people become more debilitated, family chooses not to put in a tube. But once the commitment is made, it stays until death (or improvement).

This is the first (honestly, after 15 years in LTC) time I have heard of a tube being pulled from someone who is not dying &/or vegetative.

[nina0113]

There's one in post 16. It's been redone since the last time I really looked at it, so I can't tell you where to look on the site for anything specific, but it's all there somewhere. The case has been a big deal in the pro-life community for years.

[GailA]

This is sickening