Posted on 11/03/2003 6:08:39 PM PST by sweetliberty
CLEARWATER, Fla. (AP) - Attorneys for the husband seeking to carry out what he says is his wife's end-of-life wishes said in court papers Monday her parents shouldn't be allowed to enter the constitutional fight over the new law which is prolonging her life. Attorneys for Michael Schiavo, whose wife Terri is at the center of the massive legal battle over whether she lives or dies, responded to legal filings seeking a judge's permission to allow Bob and Mary Schindler to become parties in the challenge of the new law.
The law allowed Gov. Jeb Bush last month to order Terri Schiavo's feeding tube - which has kept her alive for more than a decade - be reinserted six days after her husband ordered it removed.
Michael Schiavo's attorneys said that while the Schindlers arguably had a stake in the legal battle on whether their daughter's wishes should be carried out, the legal challenge of what's been dubbed "Terri's Law" is between her husband and the governor's attorneys.
"The rights at stake in this litigation are uniquely those of Mrs. Schiavo and it is those rights that are directly affected by the challenged legislation and Governor's actions," said the legal response filed in Florida circuit Court. "The Schindlers' interest in continuing to pursue their belief that the prior litigation was wrongly decided simply does not meet the requisite legal standard for intervention."
Doctors and a judge have ruled that Terri Schiavo is in a persistent vegetative state with no hope for recovery. She suffered severe brain damage in 1990 when her heart stopped beating - cutting off oxygen to her brain - because of a chemical imbalance.
The conservative law firm founded by religious broadcaster Pat Robertson asked last week to be allowed to intervene in the case on behalf of Schindlers. Circuit Court Judge W. Douglas Baird would have to grant permission for the Schindlers to enter the lawsuit.
The couple have said their daughter had no end-of-life wishes and believe she could be rehabilitated. They also dispute that she is in a vegetative state and believe she has enough mental abilities to respond to them.
The American Center for Law & Justice said in its filing that it believes lawmakers and the governor were within their authority to intervene in the case. Her parents are seeking to be appointed their daughter's guardians and to exclude them from the case would "violate their constitutional rights to be heart," the law firm said in its filing.
She's not in a coma. She is not in persistent vegetative state. Heck, she has fewer tubes than Christopher Reeve. She used to have a treatment plan, what has happened to that therapy?
http://www.freerepublic.com/focus/f-news/1011460/posts?page=569#569 -- PDF
Physical Examination -- 6 - 27 - 90
*patient is awake, eyes are open
*easily startled to her name or when bedrail fell down
*she does give eye contact to family members
*she will close her eyes to any threatening response around her face and blink appropriately
*tracking is inconsistent
*no verbal output during this exam but it has been reported by husband and other family members and therapists over at College Harbor.
Treatment Plan Review from Mediplex rehab, Bradenton, 1 - 29 - 91
Cognitive/Communication: *no significant changes.
*Vocalizing when prone in P.T. [physical therapy]
*Occasionally will say "STOP" to nursing during procedures.
*to TR [recreation?] groups. More relaxed to therapists voice, touch (habituation)
Some people actually have jobs working with people like Terri. Imagine that! We can't know if there will be improvement or not, or many years (as the story posted above) it might take; we do know there are plenty of stories like the one posted above and elsewhere.
Terri has a mother who wants to take her home. She has a husband who wants to get on with his life. What's so hard about this? It doesn't even take a Solomon.
But this trial isn't about Terri's condition. And it's not about whether Michael is a scumball. It's only about whether this particular law was enacted constitutionally. It's not necessary and it's not a good idea to let Terri's parents, or any of the other millions of Florida residents who support Terri, to intervene in the case. The Attorney General will present the best legal arguments as to the constitutionality of the law. He doesn't need any help.
And don't tell me "you saw it on LKL when Satan Felos waved one in front of the camera."
If Terri's mom, dad and family manage to gain
sole guardianship.......
If after more [or less] than a year of sole guardianship,
their own doctors, through thorough and complete
examination, find that Terri will never regain any
ability to have any voluntary actions....
That Terri will forever be in a vegetated state, unable
to communicate in any manner.... unable to have any
movement except that what is involuntary.
And Terri's parents decide that it would be in her
very best interest to allow her soul to rest....
And they decide that it is time to remove her life
support apparatus [feeding tubes] and allow her
body to expire.....
What will you do in response?
Will you again fight for Terri's body to remain on
it's life support, in spite of her parent's decision?
Or will you allow her body to starve itself to it's death.
Your answer should be well thought out. It will
tell more about yourself than you may desire.
I REPLIED:
YOU SAID:
I COMMENTED:
YOU REPLIED:
I RESPONDED:
Absolutely annoying. I do not read your posts. They are likely
very intelligent posts, but posted in a manner that annoys.
That is the problem, people let their emotions get in the way...this is about the rule of law, Terri's family do not have anything to do with this lawsuit..it is her husband vrs Florida......btw, they can send a friend of the court document however....
I agree, take the tube out and let her live/die as she may...btw, crass, but show me where it is a constitutional right to medical care......
If someone can find a link to a website, please post the alert.
Again, the godsquad is out spinning...there is no common law marriage in Flordia.........
To have your new girlfriend standing guard at the hospice over your visitors is beyond the pale! It really is the ultimate insult to someone so helpless.
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