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To: Ragtime Cowgirl
Health insurance companies will love Judge Greer's ***brand-spanking new*** definition of "vegetative state." He has added the requirement that a patient prove over and over that she is not vegetative.

Think of all the disabled people who can be taken off of life-support. What a savings to the insurance companies!!! They must think Greer is wonderful!!


As others have pointed out, Not Dead Yet has shown concern for Terri's plight and has filed a brief.
BRIEF OF AMICI CURIAE NOT DEAD YET ET AL. IN SUPPORT OF APPELLANTS AND REQUESTING REVERSAL

On Appeal from the Final Judgment Entered in the Sixth Judicial Circuit The Honorable George W. Greer, Presiding Judge [excerpt]
The issue for the trial court was therefore not that Ms. Schiavo lacked any voluntary action. Rather, the court believed Ms. Schiavo had not demonstrated sufficient actions to prove "cognitive function" because her actions were not "consistent" or "reproducible." This is simply not the definition the Florida Legislature and the U.S. Supreme Court have ascribed to "persistent vegetative state." "Voluntary action ... of any kind" does not require the person repeat the same action "consistently." The trial court committed a clear error of law by adding this new requirement.

There is an inherent danger in imposing such subjective criteria to this important threshold determination. The trial court's new requirement of "consistent" and "reproducible" action begs the question how much "action" Ms. Schiavo would have to exhibit to prove she is not in a persistent vegetative state (and concomitantly not cede her right to maintain life support). Would three voluntary "actions" be enough? Would ten? Moreover, how would courts determine whether such actions are "consistent"? How much variance, if any, would be allowed?


92 posted on 08/28/2003 7:35:05 PM PDT by syriacus (Schumer's in a MALE-ONLY group. It places Duty to God over ALL other duties.)
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To: syriacus; All
I didn't read the entire amicus brief but the 2nd DCA is in Lakeland and that's one more layer that we can contact if we want to. Haven't looked yet but maybe they have an email address and a phone number.

THE 2ND DCA NEEDS SOME EMAILS AND PHONE CALLS. THEY ARE TO BLAME FOR THIS TOO.

98 posted on 08/28/2003 8:05:25 PM PDT by floriduh voter (http://www.conservative-spirit.org)
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