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.
Subject: Arizona Bill introduced
Note: See analysis of this bill at the end of the story.
The following press release was issued by HEMLOCK USA (Nov 17/97)
ARIZONA LEGISLATION WOULD EXPAND END-
OF-LIFE MEDICAL OPTIONS
PHOENIX -- A bill to strengthen patient-doctor
relationships and give patients greater control of
end-of-life options was filed today for the upcoming
session of the Arizona legislature. The omnibus bill was
introduced by Prescott Representative Sue Lynch with
co-sponsorship of 40 of the state's 90 lawmakers,
including members of both parties, the speaker of the
house, the chairwoman of the health committee, and all
three physician legislators.
The measure has the full support of Hemlock Society
USA, the nation's largest organization
concerned with patients rights and end-of-life options.
Hemlock national president John Westover, a Tucson
resident, praised Representative Lynch for forming a
consensus of many diverse interests. "Co-sponsorship
does not ensure a vote for the bill, but it does indicate
widespread concern for this sensitive issue," he said.
The Arizona measure is the nation's first to cover such a
wide range of patient options, including curative
treatment, hospice care, refusal of medical treatment, do-
not-resuscitate instructions, and removal of life support.
The bill would require doctors to discuss all treatment
alternatives with terminally ill patients and require
health care personnel to honor advance medical
directives and informed decisions given by patients or
their medical surrogates.
If enacted the bill would enhance opportunities for
managing acute and chronic pain of the terminally ill --
those with a probable life expectancy of six months or
less. Westover said the bill would give dying persons
and their families more information and greater freedom
to choose among available options.
Arizonans for Death with Dignity, a Hemlock affiliate
with seven Arizona chapters, is a major supporter of the
legislation. In a statement from Hemlock's Denver
national headquarters, executive director Faye Girsh
praised the Arizona bill as an example of consensus
building at the state level. "The Supreme Court justices
emphatically encouraged better palliative care and said
laws on end-of-life decisions are matters to be discussed
and decided by each state. Arizonan is leading the way."
She lauded the Arizona lawmakers for keeping patient
rights in the spotlight, following closely the November 4
vote in which Oregonians retained that state's Death with
Dignity Law.
The Arizona bill, titled Medical Treatment Options for
Terminal Illness, is the first bill to be placed on the 1998
legislative agenda. Hearings are set for mid-January.
Hemlock Society and its legislative arm -- PRO-USA --
are also supporting proposed legislation in Maine and in
California, where a California Assembly Select
Committee on Palliative Care is holding public hearings.
The Maine bill, introduced by Representative Joe
Brooks, is being considered in committee. The
California effort is spearheaded by Friends of Dying
Patients and Americans for Death with Dignity.
Note from DBE: The bill referred to here, HB 2001, was introduced November
12 in Alcor's home state of Arizona. It is of limited use to cryonicists,
but might be of some help to us. The bill as finally introduced is a
watered-down version of a bill that would have allowed "terminal sedation"
as an option that a terminally-ill person could choose via a durable power
of attorney for health care. The final version of the bill allows choice
of "palliative care" which may include "sedation or analgesia in an amount
necessary to releive pain or suffering." Previous drafts of the bill
included the phrase "even if this would result in a hastened death." The
practice of "terminal sedation" -- i.e., giving enough pain killing drugs
to hasten death as long as the intent is only to releive suffering -- is
currently legal and endorsed by both the AMA and the Catholic Church, but
it's practice is sporadic and pretty much under the table. This bill, even
in its watered-down form, is basically intended to write that practice into
law and make it easier to obtain. The phraseology is so couched, however,
that it is virtually impossible to forsee what the practical outcome would be.
This bill, however, has a tremendous advantage over a bill that would
outright legalize physician-aid-in-dying, and that is that this bill
actually has a chance of passing, whereas a "good" bill would have no
chance at all at this time. This bill is a small step forward (part of the
camel's nose in the tent).
The full text of this bill should be available on the web in about a month.
The promo looked like he may be softening his stand. I'm hoping he will be fair. To tell you the truth I don't see how he will be able to refute what the lady says. They showed a picture of her when she was in what they described as pvs. She looked a lot worse than Terri.
Read it here
In a proper debate, this kind of argument is called "Elephant Hurling." It is a classic falacy. You've been here at FR almost as long as I have, and I do not consider you to be a troll, but why are you doing this?
It is a well proven fact that the "medical estabnlishment" in this country rejects all of the most natural, and effective forms of therapy that have been developed. You can go to other countries and get effective treatment for most maladies, but in this so-called developed nation you are left at the mercy of the merciless pharmaceutical industry, and the A.M.A. and will likely die of whatever ails you at some point.
To offer up this rejection of effective therapy as a reason why a dedicated physician is a 'quack' in unconsionable.
Hyperbaric oxygen has been proven to be the singularly most effective treatment for any and all kinds of regeneration. It is specifically what Terri Schiavo needs most, next to being delivered from the Death Culture that controls her destiny.
Let us Pray!
IOW's 'there are those who believe in the sanctity of life and those who don't.' You happen to be one of the latter. Now that your priorities have been clarified and your own narrow mindedness identified it's easy to agree with you. There is no argument with you because there is no point to one.
Whether one thinks he is conflicted is debatable, the fact that he MAY have a conflict is not. He should not be Terri's guardian.
This is a bullshit question. You left out therapy, medicine and rehabilitation, the very things her husband has denied her for over ten years.
BTW, John, Michael Schiavo's many-year adulterous relationship with a second woman and siring children with her is a defrauding of his vows to Terri, thus he is proven an unfit guardian for one whom he has defrauded and is continuing to defraud. Applying already existing Florida law correctly, there is no question but that Michael Schiavo is an unfit guardian for Terri schindler Schiavo. That judge Greer and a couple of other Flordia courts refuse to address this fact is telling to the state of corruption within the Florida judiciary.
OMG! What a scandal!
I've gotta remember that one for the next time I get attacked. Thanks!
If a frog had wings would he have calluses on his butt?
A situation is what it is. Terri Schindler *purposefully* responds when stimulated. You need to learn what that means.
Sorry to offend, but you wanted an honest answer? Ask honest questions, although I've come to expect dishonesty from those who are absolutely certain mercy and compassion for Terri Schindler means killing her.
Agree 100%. The fact that HBOT would definetively move brain injured folks from palliative care to rehabiliutative care is an interesting study.
Pray that babies with birth injuries can get into chambers immediately, near drowning victims as well, stroke victims as well, traumatic brain injury patients, and the list goes on. Till we do, Americans we are accepting inferior care and status quo from the medical field.
Posted on Mon, Jun. 03, 2002
Oxygen treatment ordered for boy, 2, in coma
BY ANDREA ELLIOTT
Bob Eighmie / Herald Staff : Jeffrey and Judy Weiss speak to reporters Monday at the Broward County Courthouse in Fort Lauderdale.
Jeffrey and Judy Weiss wanted one more chance to save their son's life.
They won that chance -- a slim one -- Monday as 2-year-old Justin lay in a coma after almost drowning in Parkland over Memorial Day weekend.
Broward Circuit Judge John A. Miller ordered the North Broward Hospital District to allow an outside doctor to give Justin an alternative, costly treatment using a portable oxygen chamber.
''This means that our son has a chance at life,'' said Jeffrey Weiss, 49, an eye doctor who performs retina surgery at two of the district's hospitals. ``Their choice was to give our son death.''
Attorneys for the district argued against the motion, saying Broward General Medical Center in Fort Lauderdale was not licensed to administer hyperbaric oxygen treatments and that the portable chamber posed a fire hazard.
''They asked the hospital to perform unlicensed procedures that could jeopardize the hospital,'' said hospital district attorney Reid A. Cocalis, of Conrad & Scherer. Cocalis said he did not know whether the district would appeal the ruling.
The couple began crying and said, ''Thank you, thank you,'' when Miller issued the ruling.
''He's my only boy,'' said Weiss, who also has twin girls.
Miller ordered the family's attorney, Kenneth J. Sobel, to submit an installation plan for the portable chamber to the fire marshal before treatments begin. That could happen by Wednesday.
Each hour that passes could make a difference in the treatment's effectiveness, Dr. Richard Neubauer, who runs a hyperbaric center in Lauderdale-by-the-Sea, told the judge.
Neubauer's patients are placed in an eight-by-three-foot tank and administered pure, pressurized oxygen, which can hasten the recovery of injured tissues, he said.
He offers no promises but said amazing recoveries have occurred, including that of a child who was in a state similar to Justin's but who eventually made a full recovery.
The family said Justin must receive the treatments at the hospital because his condition makes transporting him elsewhere too dangerous.
The Weisses agreed to assume the full cost and any liability for the treatments.
The Weisses were entertaining guests May 26 when Justin disappeared for five minutes. His father found him in the swimming pool, Sobel said.
''We had screens and alarms and everything . . .'' Weiss' voice trailed off as his eyes filled with tears.
He said doctors at Broward General Medical Center told the Weisses on Thursday that they should discontinue the machinery keeping Justin alive because his vegetative condition had not improved.
''I feel very good that at least my son is given a chance,'' said Judy Weiss after Monday's ruling. ``They're not going to take my hope away.''
Follow UP---Justin Weiss survived, was taken off the ventilator much to the amazement of the nursing staff. And subsequently returned home where he is continuing to improve with Physical therapy as well as Hyperbaric Oxygen Treatment.
The Weiss's could afford what the majority of folks can't because Medicaid and insurance companies to date are not reimbursing for this life changing therapy.
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![Click here: > You all know what Dr. Baden Stated on Live TV ... what happened to him and what he said??? We need a MASS mailing to go out on her behalf, URGING for the "Officials" to open an Investigation and to look into the alleged reports of Spousal Abuse, that very well may have caused her to be the way she is right now and Abuse of the Guardianship that Michael Schaivo had over her all these years ... Where is her money for Medical Care? Why has he NOT reported to the officials as to where all Terri's money went? And WHY is he using it to pay his Atty. Felo's? More so, REALLY HAPPENED TO TERRI in those early morning hours?? The REAL FACTS, need to be investigated and now! PLEASE... PLEASE do this, we have to move now on this and maybe by tomorrow night, we may get some news, IF we are effective, we will. CIRCULATE this info and these address's and please do what you can... IF we don't make this happen, we have a problem. You all know what that will be. PRAY for Terri, please and her family. God bless you... If you have ANY trouble finding the strength to do this, then take a good look at this picture, it is of the Schindlers as they are first allowed to go in and see their daughter/sister as she lays DEHYDRATING and STARVING TO DEATH.... PLEASE I need you all to do this... [Unable to display image] I wrote this letter, feel free to use it, or write your won, do not forget to sign your name and address on it, please. Email addys to everyone below the letter! If you want to use this letter, copy and paste it and put it into a new email!! Dear Sir: I am requesting that you open a FULL investigation into the circumstances surrounding the NEW information, as well as the old medical information that was "sealed for almost 10 years" into the real cause of Terri Schindler-Schaivo's condition and old injury. VERY suspicious evidence has been (was sealed?) brought to light, that point to ... her husband, MICHAEL SCHIAVO, as the PRIME TARGET for investigation. This INVESTIGATION is LONG OVERDUE and should have been done at the time that she sustained injuries, but wasn't. WHY? Admitted into the Hospital with "Closed head injury" and is Diag. as a "Heart Attack?" Who is BLIND HERE????? X-rays and bone scans reveal the injuries Terri sustained were caused by T RAUMA and/or PHYSICAL ABUSE. As a concerned citizen and registered voter, I feel it is my right to ask for this to be handled in a swift and proper manner. Ms. Schaivo brain damaged or not, is entitled to due process, through our court system, which to date has failed her severely! Her rights are being violated in every possible way! There are TOO MANY FACTS that have been brought to light of a suspicious nature to allow this case to be "just another unsolved mystery" with a woman's life hanging in the balance and near death. And near death, ONLY because of the courts rulings, at that. Governor Jeb Bush intervened in Terri's behalf to have the feeding tube providing her nourishment reinserted when "The Terri Bill" was signed. However, should this "Bill" be overturned, Terri will once again, be facing DEATH BY DEHYDRATION and STARVATION. I URGE YOU, as a representative of the people of this State to act now and do the right thing, as we know "someone" missed the boat once and left Terri to drown!! Lets right this horrible wrong, shall we??? YOU CAN make a difference of LIFE OR DEATH for Theresa SchindlerSchiavo. I urge you, as a representative of the people of this State to act now and do the right thing, as we now know "someone" missed the boat once and left Terri to drown, lets right this wrong for this woman. Open a FULL and FORMAL INVESTIGATION into Terri's case. Thank you and God Bless You. Sincerely Yours, Now, the first and best way to do it is you copy the letter and then put it into a new email. ALWAYS SIGN YOUR NAME to the letter and Home addy as well. Then copy the email links directly below and paste the addresses in a new email or click the link to send directly to these email addys w/ letter attached Executive Director Of Investigations Jamie McLaughlin Secretary Samantha <---Very nice lady!! (850) 410-8240 Mr. McLaughin's email Email](http://www.cnsnews.com/storyimages/2003/terrischiavobonescanreport.jpg){kind=link}