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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: kattracks; summer
Time for Jeb Bush to step up to the plate.

check out:

www.glennbeck.com
61 posted on 08/05/2003 1:06:37 PM PDT by WhiteGuy (Deficit $455,000,000,000 + MY VOTE IS FOR SALE)
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To: kattracks
Here is a fine example of a slippery slope!! This is not removing life support but is starving someone. This poor woman responds to pain and discomfort and is being sentenced to a slow and painful death.
62 posted on 08/05/2003 1:11:16 PM PDT by armymarinemom
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To: Howlin
try www.glennbeck.com

I'm not a big "issue activist" but this is about life.

check it out and make up your mind.
63 posted on 08/05/2003 1:11:59 PM PDT by WhiteGuy (Deficit $455,000,000,000 + MY VOTE IS FOR SALE)
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To: WhiteGuy
Re your post #61. Thanks for the ping. I'm not sure how much he can do once this goes to court, but I am sure he will consider the matter.
64 posted on 08/05/2003 1:44:48 PM PDT by summer
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To: Dave S
OK. I'll say this very very slowlyyyyyyy. First, there is a link up above to follow that will give you her families side of the story, read it and look at the videos and you may learn something (hopefully). Secondly, it is the man who might have done the abuse who is speaking for her. How can we take his word that she would want to die? There is a six-figure amount and POSSIBLE criminal activity that could be motives for wanting her either A. Incapacitated or B. Dead. The family has supposedly offered to take any further financial burden and he has so far refused. Don't answer this post until you have looked at the info in the link, otherwise you'll end up looking more foolish than you have already.
65 posted on 08/05/2003 2:06:50 PM PDT by jonboy
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To: jonboy
If the husband simply wanted his freedom, he could have divorced her long before now. It is the money he is after.
66 posted on 08/05/2003 2:08:11 PM PDT by Pan_Yans Wife ("Life isn't fair. It's fairer than death, is all.")
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To: kattracks
I don't understand your headline. Isn't the husband in "her family?"
67 posted on 08/05/2003 2:10:12 PM PDT by breakem
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To: SuziQ; Dave S
Yes there is a financial advantage - a medical trust fund that was the result of a malpractice judgement. As it stands, he controls the money, which was to go toward her treatment and which apparently has never been utilized for such. Also, the man has refused to simply divorce her (he'd lost control of that money) and yet has a live-in girlfriend with whom he has a child.

Look into the details of the case. It really stinks, and the husband seems like a real piece of work.
68 posted on 08/05/2003 2:27:31 PM PDT by agrace
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To: agrace
I'm disgusted by it. The husband should just move on with his life, and leave her for her parents who actually love her. (But no money in that route...)

But let justice roll on like a river, righteousness like a never-failing stream!
Amos 5:24

Gum

69 posted on 08/05/2003 2:36:22 PM PDT by ChewedGum ( http://king-of-fools.blogspot.com)
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To: HurkinMcGurkin
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?

According to the website, he's been trying to hinder her ability to recover since he was awarded his 300k of the million dollar settlement in 93 - the rest of it went into a medical trust fund to be used for her treatment, under his control. He opted to put her in a nursing home with limited care and won't let anyone do anything for her. He's never divorced her even though he has a live-in girlfriend and a child with her. I've read a lot about this case, and IMO, he wants the rest of the money, which apparently he gets if she dies.

Everything about this is reprehensible - the husband, his lawyer, the judge who has issued repeated rulings etc. I'm so glad this is headed for the SCOFLA - their track record in reasoned rulings is so good. </ sarcasm>

70 posted on 08/05/2003 2:40:17 PM PDT by agrace
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To: Dave S
Who appointed you God t say she's never going to recover??? Have you seen her?? She's quite responsive....she needs therapy that she;s never received. It seems to me the husband did indeed try to MURDER her, and now he's going t get the medical profession and the courts to finish the job.

Miracles happen....EVERY day.

71 posted on 08/05/2003 2:45:58 PM PDT by Ann Archy
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To: SuziQ
The husbannd will inherit money from a medical malpractice suit.

Anyone know WHY and WHO brought the malpractice suit??

72 posted on 08/05/2003 2:48:26 PM PDT by Ann Archy
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To: kattracks
Bumping for the after-work crowd.
73 posted on 08/05/2003 3:05:43 PM PDT by small_l_libertarian
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To: small_l_libertarian
I just read on the Terri Schindler-Schiavo Foundation website that Judge Greer also denied a petition for a "swallow test" on March 7, 2000. So, it wasn't just her husband saying "no."

Also, Michael Schiavo was the one who filed the medical malpractice suit, according to a letter from Terri's brother:

... Though things looked bleak after Terri's accident, Michael Schiavo, Terri's husband and legal guardian, pursued a medical malpractice suit on her behalf, which would provide him with the funds to seek aggressive experimental medical treatment for her. Michael was successful and was awarded $300 thousand in punitive damages and Terri was awarded $750 thousand for experimental treatment and medical care ...
74 posted on 08/05/2003 3:36:13 PM PDT by small_l_libertarian
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To: Ann Archy
According to this link, the suit was filed by Michael Schiavo, and it accused doctors of misdiagnosing Terri. I saw on another site that there was a separate malpractice suit in which Terri was awarded $250,000 more, but I haven't found the details on that one yet. I will provide more info if I find it.
75 posted on 08/05/2003 3:40:38 PM PDT by small_l_libertarian
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To: Ann Archy
Who appointed you God t say she's never going to recover???

How much recovery have you seen in 13 years? Since the husband controls the medical treatment and her parents arent even fighting that battle in court, what makes YOU think that anything is going to change in the next 13 years? Also the longer you go in a particular state, the more difficult it is to return to the original state. What MIGHT have been possible 12-12 years ago is a pipe dream today. Frankly I think the luckless Chicago Cubs have a better shot at winning the World Series than this woman has of ever mounting any kind of recovery.

76 posted on 08/05/2003 6:17:38 PM PDT by Dave S
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To: Xenalyte
Exactly what I've been thinking. I've only got one real leg now, but I can drive. I'll even take a bullet for her if necessary.

Yhwhsman

77 posted on 08/05/2003 6:54:27 PM PDT by yhwhsman ("Never give in--never, never, never, never, in nothing great or small..." -Sir Winston Churchill)
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To: Ron in Acreage
Can't the husband turn the daughter 's care over to her family?
78 posted on 08/05/2003 7:30:16 PM PDT by fatima (Jim,Karen,We are so proud of you.Thank you for all you do for our country.)
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To: Dave S
You will buy me a Fabulous dinner when she gets therapy and points to that evil husband of hers and says..."he trie dto STRANGLE me"!!
79 posted on 08/05/2003 8:17:19 PM PDT by Ann Archy
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To: Ann Archy
You will buy me a Fabulous dinner when she gets therapy and points to that evil husband of hers and says..."he trie dto STRANGLE me"!!

Be happy to.

80 posted on 08/05/2003 9:05:37 PM PDT by Dave S
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