Michael Shiavo, as Guardian of the person of Theresa Marie Schiavo, Apellee
Appeal from the Circuit Court for Pinellas County; George W. Greer, Judge.
Joseph D. Magri of Merkle & Magri, P.A., Tampa, for Appellants.
George J. Felos of Felos & Felos, P.A., Dunedin, for Appellee
Paragraph 6: Over the span of this last decade, Theresa's brain has deteriorated because of the lack of oxygen it suffered at the time of the heart attack. By mid-1996, the CAT scans of her brain showed a severely abnormal structure. At this point, much of her cerebral cortex is simply gone and has been replaced by cerebral spinal fluid. Medicine cannot cure this condition. Unless an act of God, a true miracle, were to recreate her brain, Theresa will always remain in an unconscious, reflexive state, totally dependent upon others to feed her and care for her most private needs. She could remain in this state for many years.
Paragraph 8: Theresa has been blessed with loving parents and a loving husband. Many patients in this condition would have been abandoned by friends and family within the first year. Michael has continued to care for her and to visit her all these years. He has never divorced her. He has become a professional respiratory therapist and works in a nearby hospital. As a guardian, he has always attempted to provide optimum treatment for his wife. He has been a diligent watch guard of Theresa's care, never hesitating to annoy the nursing staff in order to assure that she receives the proper treatment.
Paragraph 10: This lawsuit is affected by an earlier lawsuit. In the early 1990s, Michael Schiavo, as Theresa's guardian, filed a medical malpractice lawsuit. That case resulted in a sizable award of money for Theresa. This fund remains sufficient to care for Theresa for many years. If she were to die today, her husband would inherit the money under the laws of intestacy. If Michael eventually divorced Theresa in order to have a more normal family life, the fund remaining at the end of Theresa's life would presumably go to her parents.
Paragraph 11: Since the resolution of the malpractice lawsuit, both Michael and the Schindlers have become suspicious that the other party is assessing Theresa's wishes based upon their own monetary self-interest. The trial court discounted this concern, and we see no evidence in this record that either Michael or the Schindlers seek monetary gain from their actions. Michael and the Schindlers simply cannot agree on what decision Theresa would make today if she were able to assess her own condition and make her own decision.
Paragraph 12: There has been discussion among the parties that the money remaining when Theresa dies should be given to a suitable charity as a lasting memorial. If anything is undeniable in this case, it is that Theresa would never wish for this money to drive a wedge between the people she loves. We have no jurisdiction over the desposition of this money, but hopefully these parties will consider Theresa's desires and her memory when a decision about the money is ultimately required.
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Michael, according to his attorney, has always made sure that his wife received the best of care! What about physical & speech therapy, Mike? How about allowing a wash cloth in her mouth, one in her clenched fist, small things to make her life a little easier?
Loving husband, do you take her outside for some fresh air when you visit, or can't you afford to repair her wheelchair out of that $300,000? Surely you haven't spent all of it on attorneys.
On t.v. only last month, Felos told Fox News' John Gibson that, "the money is long since gone." Otherwise, upon Terri's death Michael would have donated it to a worthwhile "charity."
Mr. Felos, are you that charity? And, did you accept Michael's case on a contingency basis?
To Judge Greer: Why have you sealed Terri's medical files, especially those from February, 1990? Why do you disregard testimony, affidavits, from Terri's nursing personnel, & the professional specialists who have examined this woman?
And why is Terri's Medical Care Trust Fund gone? Did YOU open her Escrow Account?