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.
Pretend for a moment that you are young, just drinking age. Now pretend that you and several of your friends get drunk, because finally, you can legally buy liquor, which you do.
Now pretend you and your friends are going to "prove" your manhood by getting blind drunk, and think it would be fun to wander the neighborhood on Halloween night to see what "fun" you could stir up.
Now pretend you don't see a moving train and walk right into it, tearing your young, strong body to pieces. But you are completly unaware of all this.
Now pretend you awaken in the emergency room of a hospital, a Catholic Hospital, and you are aware only of a priest giving you the Last Rights, and you can't understand why.
Now pretend you finally awaken, in horrible pain.
Now, pretend that God spared your life, but not all your limbs. You can do NOTHING for yourself, absolutely nothing. You slowly begin to realize you will never, EVER be anything more than a shell of your former self.
Months upon months of pain filled nights and days pass. Your injuries slowly heal, finally, after almost a year of pain and "what will I do? what CAN I do?" you are released from the hospital, you are taken home by your family.
My question to you: What would YOU do?
Let's just bottom line this thing right now. Is your life more valuable than hers? Have you ever needed to rely upon others for any type of care , have you ever had to go to a docter to get medicine? What exactly is the difference between you and Terri?
The complaint alleging Dr. Hammesfahr's treatment successes were "bogus" originated with three neurologists who testified that Dr. Hammesfahr's patient successes could not possibly be true, and therefore MUST BE fraudulent.
Dr. Steven Novella, of Yale University and Quackwatch, testified that improvement such as Dr. Hammesfahr claimed impossible. Dr. S Hoffman, who was involved in writing the Stroke guidelines for treatment for the State of Florida, testified that improvement is simply not possible. Dr. Friend and Dr. Scales, clinical neurologists, testified similarly.
Judge Kirkland reviewed and heard all the evidence and provided her written opinion that Dr. Hammesfahr's incredible claims were, in fact, true. She further stated that Dr. Hammesfahr is "the first physician to treat patients successfully to restore deficits caused by stroke"
The State Department of Health is not the only one to investigate Dr. Hammesfahr's techniques, and ultimately decide his claims of astonishing success were true. Medicare investigated his techniques from 1997-2001. In November of 2001, Medicare issued a determination. They identified him "as the first to treat patients previously felt to be untreatable with permanent neurological deficits".
Dr. Hammesfahr's success in treating patients that most of his peers in neurology deemed impossible cases speaks for itself.
Incidentally, you may also want to do some research on the personal relationship between Dr. Bambakidis and George Felos.
ah, and there is the rub, deny me a feeding tube and I can still eat. Let's give her substenace without a tube and see if she eats...if not, it is time to let the body die...geesh.....it does not take a rocket scientist in this situation........
Again, I have posted this question before, where is it stated that ones constitutional rights include being force fed. Take the tubes out and let nature take its course.
Again, take out the feeding tubes and see if she can live...at this time you are force feeding her. Heck, send in the godsquad to pray when they do it..maybe a miracle will happen and she will live a happy productive life... Come on, this is a shell of a body only..
Deep_6's reasons for killing Terri:
What's a year for Terri? She's not going anyplace, right?
...if she is indeed without a cerebral cortex to allow her to make the least of voluntary movements [eating or drinking], then a choice would have to be made regarding the length of time she should be kept on life support.
Terri can not eat. No, it's not that she 'can't feed herself", it's that she can not voluntarily swallow. That is the reason for the feeding apparatus; the life support.
Meanwhile.... Terri may or may not understand what's happening outside that shell of a body; a coffin of sorts. But I'll bet it's not very comfortable in there, if she is hearing anything, or can think..
If those that want to assume that Terri has the full capability to experience sound, sight, and thought...... They must also consider that Terri can not now, or ever will, respond to that stimuli. That is fact. Without a cerebral cortex, only involuntary actions are possible. There is no possibility for voluntary actions to take place. That is medical fact.
Terri is in a vegetated state and it is physically and mentally impossible for Terri to respond. She does not have that capability and she will never, ever have that capability.
And now, a blast from the past:
Berlin, 1 Sept. 1939
Reich Leader Bouhler and Dr. Med. Brandt are charged with the responsibility of enlarging the competence of certain physicians, designated by name, so that patients who, on the basis of human judgment, are considered incurable, can be granted mercy death after a discerning diagnosis.
A. Hitler
Notice any difference?
Me either.
I haven't decided whether or not to be surprised at another canned response. If that had been a cut-and-paste job, like elsewhere, I think I'd have been a little less surprised and concerned.
Isn't there a special term for repeating the same failed procedure over and over, hoping that just this time it'll turn out differently? That seems to be the only thing that those who desire Terri's death have been able to do. Oh well.
It certainly does not harm me; I lose nothing either way."
OK, a belated answer to that simple question. Not when it was asked, or even to the person who asked it. That's OK. I understand how wrenching that would have been.
You lose nothing either way ... ohhhhh.. kayyyyy...
"What can harm me, you and everyone else, is the reversing of a court's decision after-the-fact, by a legislative process signed into law by the executive branch.
That....... Is a trampling of the separation of power; It is unconstitutional."
Ah! So what's behind it is all revealed now. Now we know.
(PS) That is the separation of powers.
God's getting in the way, huh? Good for Him.
THANK YOU for clearing up the smokescreen surrounding these Doctors. The trolls here working for Felos have been viscious against them! Its no wonder too since if Felos and company CANT discredit these doctors they will certainly LOST any upcoming case!
Lets not forget too, MANY DOCTORS have testfied Terri had NECK INJURIES after that day of fighting with Michael.
And here's some more of the doctor's testimony they so desperately want to discredit...
REDIRECT EXAMINATION
(lawyer for Terri)
Q. You said that you had never felt a neck like that except for one other person, right?
A. Correct.
Q. What was the cause of injury in the other patient?
A. The person had an anoxic encephalous due to attempted strangulation.
Vocalizing when prone in P.T.[physical therapy, She] Occasionally will say "STOP" to nursing during procedures.
"Where there's life, there's hope."
-Terri Schiavo (angrily PROMOTING LIFE FOR the comatose)
Sometimes they even use tag-teams. When you argue with them they drag down discussions to their level. Then they ping moderators and JR, and we risk losing a great thread.
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