Posted on 11/07/2003 7:54:47 PM PST by sweetliberty
We recently posted a summary on Terri's web site highlighting the money that has been withdrawn from Terri's medical fund. Since then, we have been contacted by many of the web site visitors requesting we explain the malpractice award in more detail and to itemize the fund withdrawals. Essentially, visitors asked four questions:
1) How much was originally in the fund?
2) How did the money get into Terri's medical fund?
3) Where did it go?
4) How much is remaining in Terri's medical fund?
Question 1: How Much Was Originally Awarded To Terri's Medical Fund?
Medical Malpractice Trial - Jury Award
November 10, 1992 - Jury Document, Item 5. What is the amount of Theresa Schiavo's future damages for medical expenses and lost earning ability to be sustained in future years?
| A.) Total damages over future years: | $9,400,000.00 |
| B.) The number of years over which those future damages are intended to provide compensation: | 17 years |
| C.) What is the present value of those future damages: | $4,300,000.00 |
Note: The jury award amount was reduced to $1,290,000.00 to reflect Terri's attributable negligence. Separate from these monies was Michael Schiavo's personal award of $600,000.00.
Prior to this trial and in a completely independent medical malpractice lawsuit, Terri was awarded $250,000.00 in an out-of-court settlement. Also, prior to the two medical malpractice lawsuits, an estimated $50,000.00 was contributed to Terri's medical fund via community fundraisers.
In Summary, Terri has received an aggregate sum of $1,590,000.00. Nonetheless, in June of 1993, the asset balance in Terri's account was reduced to $761, 507.50, as reported by Michael Schiavo. Schiavo's attorney, however, has sealed the accounting, which would disclose how Terri's account was depleted by approximately $828,492.50, (52%) in only 1 year and 6 months.
Question 2: How Did the Money Get Into Terri's Medical Fund?
Medical Malpractice Trial
November 1992 - A medical malpractice trial is petitioned by Terri's husband, Michael Schiavo. He asks the jury for 20 million dollars to pay for his wife's (Terri) future medical and neurological requirements. This request was based on estimates of her life expectancy, which Michael Schiavo and his attorneys were estimating at 50 years.
Medical Malpractice Trial - Testimony of Michael Schiavo
November 1992 - In a highly emotional trial, Michael Schiavo implored the jury to award money for his wife's future medical and neurological care. Actual excerpts from the malpractice trial transcript reveal Michael Schiavo's sworn testimony as he responded to his attorney's question. (It is important to note that Terri's alleged wishes stating, "she wouldn't want to live this way," are never mentioned by her husband at the 1992 malpractice trial).
Q: Why did you want to learn to be a nurse?
Michael Schiavo: Because I enjoy it and I want to learn more how to take care of Terri.
Q: You're a young man. Your life is ahead of you. When you look up the road, what do you see for yourself?
Michael Schiavo: See myself hopefully finishing school and taking care of my wife.
Q: Where do you want to take care of your wife?
Michael Schiavo: I want to bring her home.
Q: If you had the resources available to you, if you had the equipment and the people, would you do that?
Michael Schiavo: Yes, I would, in a heartbeat.
Q: How do you feel about being married to Terri now?
Michael Schiavo: I feel wonderful. She's my life and I wouldn't trade her for the world. I believe in my wedding vows.
Q: You believe in your wedding vows, what do you mean by that?
Michael Schiavo: I believe in the vows I took with my wife, through sickness, in health, for richer or poor. I married my wife because I love her and I want to spend the rest of my life with her. I'm going to do that.
Summer 1993 - Michael Schiavo dramatically demonstrates his interpretation of what his trial testimony "taking care of," really means. Less than a year after the medical malpractice jury award, Schiavo makes his first of two attempts to end his wife's life. Bear in mind, Michael Schiavo is the inheritor of Terri's medical fund.
Michael Schiavo, under oath, in a November 1993 deposition, admits that he knew Terri would die when he instructed Terri's caretakers not to medicate Terri with antibiotics for a potentially fatal infection. He also instructs Terri's caretakers "not to resuscitate" should Terri require any life saving action.
Question 3: Where Did Terri' Malpractice Award Money Go?
As mentioned, in November 1993, Michael Schiavo's guardianship was challenged for his actions when he instructed Terri's caretakers not to medicate Terri with antibiotics for a potentially fatal infection. This legal charge culminated with a February 1994 Judge Pennock hearing in which Michael Schiavo was exonerated and his guardianship remained intact. The court permitted Michael Schiavo to withdraw money from Terri's medical fund to reimburse his legal expenses.
May 1998, Michael Schiavo hires attorney George Felos to petition the court to have Terri's feeding terminated. Subsequently, the court has permitted Michael Schiavo to withdraw money from Terri's medical fund to reimburse his legal expenses in his efforts to have Terri die.
Note: In the ensuing (9) years since the 1992 jury malpractice award, Michael Schiavo has used Terri's medical fund money in his pursuit of Terri's death and to defend his guardianship role. The bulk of the money has gone for legal fees. Although Terri's medical fund is sealed; there are court transactions available for public inspection.
Summary of legal expenses through September 2001
| Attorneys | Fee Amount | Fee Period |
| Attorney Gwyneth Stanley(1) Attorney Deborah Bushnell(1) Attorney Steve Nilson(1) Attorney Pacarek(2) Attorney Richard Pearse(2) Attorney George Felos(1) (1)Michael Schiavo's attorneys |
$10,668.05 $49,958.15 $7,404.95 $1,500.00 $4,511.95 $307,188.35 |
(6/93-3/97) (9/93-9/01) (10/93-7/94) (3/94) (6/98-12/98) (3/98-9/01) |
| Total | $381,231.45 | (As of Sept. 2001) |
| Other Expenditures | Amount | Dates |
| 1st Union/South Trust Bank | $55,459.85 | (10/94-4/01) |
| Michael Schiavo (Promissory Note) | $3,535.00 | (12/94) |
| Total | $58,994.85 | |
| Grand Total | $440,226.30 | (As of Sept. 2001) |
Question 4: How Much is Remaining in Terri's Medical Fund?
The bleeding of money from Terri's medical fund is far from over. The primary attorneys Michael Schiavo has used in his quest to end Terri's life, Attorney Deborah Bushnell and Attorney George Felos, have not been compensated for their services since their last invoice - September 2001.
We estimate that Terri's account balance is now less than $300,000. We expect Attorney Deborah Bushnell and Attorney George Felos to invoice over $90,000 to bring their legal fees current. We believe that after legal fees are paid the balance in Terri's fund, as of February 28, 2002, will be around $200,000.
Also, there is no telling the future amount Attorney George Felos will charge Terri, via Michael Schiavo, for his legal endeavors. On February 22, 2002, in response to the attorney's February 7, 2002 appeal, the Florida Supreme Court issued a stay to the 2nd District Appellate Court's order calling for Terri's neurological examinations. The Florida Supreme Court is presently reviewing their posture regarding Terri's case.
Should the Florida Supreme Court take jurisdiction, Attorney George Felos will then have the opportunity to totally deplete the entire assets in Terri's medical fund.
On one hand, the book says he claims to hear voices of people who say they want to die. On the other, some killers claim they heard voices telling them to kill. The way I see it, these aren't different things - just variations on the same theme.
There was no insinuation. Not a single word said about you in that post. The poster just asked a simple question "to whom do you now bow?" Whew, gettin' weird...
Sorry, I messed that link up.
1,251 posted on 11/10/2003 3:40 PM PST by nicmarlo
You've seen his one, Budge?
No, I had not. However, I do have it stored now.
Terri Schiavo has more to lose than Bush does if the stay remains in place, Felos said. It is a matter of her rights being ``violated on a daily basis'' versus Bush ``having to defend the case on its merits even though the sheriff did not knock on his door and serve him with a summons.''
This story can be found at:
http://news.tbo.com/news/MGAX2JBHVMD.html
Felos: What about Terri's other 14 retained rights in 744.3215(1) ? Let's talk about those, BIG MOUTH !!!!
and in regards to the people who say Terri has no brain or cortex.. the brain can regenerate and also remaps so here you are:
Please look to Dr. Maxfield's testimony refuting the earlier "no brain" testimony of Dr. Barnhill.
Dr. Maxfield trained at Baylor and Johns Hopkins. Worked at Hopkins and Oschner Foundation and head of radiology dept at LSU. 49 years as a radiologist. "Invented medicine," as we say.
He testified that Terri has brain tissue in all major structures of her brain. Says the most severe damage is in her occipital region and probably her eyesight is affected. Says it is possible for her to retain memories, as she still has tissue in that part of her brain.
And finally....he detects a change FOR THE BETTER between her 96 and 02 CT scans, which he attributes to the body's natural tendency to heal itself.
Thus sayeth Dr. Maxfield, the most qualified of all 6 docs to read those scans.
anon..
Now this is what I sent to Jeb, his lawyers and other people and I'm going to be sending to more:
----- Original Message -----
From: "pc93" pc93@bellsouth.net
To: jeb@myflorida.com; ;
;
; "melissa b geralds"
;
; ;
;
; "pc93" ;
; ; "Fay Franklin"
; Larry.King.Live3@turner.com; ontherecord@foxnews.com; fernanr@eog.state.fl.us;
raquel.rodriguez@myflorida.com>
calamac@eog.state.fl.us;
bob.marshall@trincomm.org;
speakerbyrd@myfloridahouse.com;
sebesta.jim.web@flsenate.gov; lee.tom.web@flsenate.gov;
drawdy.ann.so9@flsenate.gov; me@glennbeck.com;
; hannity@foxnews.com; rush@eibnet.com; foxfeedback@foxnews.com; ; ; ; ; ; ; ; ; ;
Sent: Tuesday, November 11, 2003 12:18 PM Subject: Terri deserves even more than 10 years of rehab. It's her inherent right. Fw: [helpterri] Responding to 4 hour tape
All,
Terri should be given the amount of time and even more that she was denied rehab. 10 years of intensive rehab. How's that for fair? Terri deserves nothing less. I will be sending this to many fax machines in Washington, D.C. Terri is being denied rehabilitation right now and that is against the ADA and even the State of Florida laws. Now who is going to continue to step up for Terri and demand that she gets the rehabilitation pronto? Who is going to yank Michael/Felos and Co. forever out of Terri's life? This needs to have been done yesterday. Wolfson has connections to the Hospice of Suncoast Florida and you are going to tell me that he is supposed to be independent? Demers is in on this. The 2nd DCA opinions were written by an insurance adjuster with an (need I say obvious) interest in seeing Terri dead. It's time to save Terri from the bloody muck heap.
Sincerely,
Juan Schoch
http://bellsouthpwp.net/p/c/pc93/terri_schindler_life_ribbon_campaign.htm
----- Original Message -----
From: "Pamela"
To:
Sent: Tuesday, November 11, 2003 11:31 AM
Subject: [helpterri] Responding to 4 hour tape
I would simply say from common sense that everyone has to train their minds to do things, especially after an accident. Those who have severe lege injuries and learn to walk again don't learn to walk by laying idle, they learn to walk by continued repetitive actions on a daily basis. Those people who are learning to walk again have to think about each step they take. Even myself, having a severe disability in my leg, I have to think and concentrate on each step. If my mind gets tired, I can fall very easily.
In Terri's case, she has to think pretty hard to make her mind figure out what is being asked of her, then her mind has to consciously figure out how to transfer the request into action. Terri, open your eyes. "Ok, what does open eyes mean? Where are my eyes? How do I send a signal to my eyes. Ohh, there, that must be my eyes, I'll see if it is....ooohhh, that is my eyes, look, I can move my eyebrows too! Wow, that was mentally exhausting." What I'm saying is that Terri has been allowed to lay in bed like a vegitable, her mind hasn't been stimulated as it should have been, her muscles have not been stimulated as they should have been. Mike denied her all of that by not letting her have pictures and things in her room, not letting the nurses stimulate her, no range of motion, not speech therapy, etc. If she is slow to respond or can't respond at times, it is because that is what Mike made of her by denying her the therapy we all need. If we didn't stimulate our brains on a daily basis, we would soon be covered in dust.
The bottom line, Terri's condition has deteriorated because Mike has neglected his dutis to assure propper care and rehabilitation. We admit, Terri is slow to respond and may not respond at times. Just like an infant you are trying to teach to say Mommy, somedays something like the word may come out and then you can go for days, weeks months before ever hearing it again. We work with our children daily, by teaching a word we repeart it over and over on a daily basis as we talk to our children. Terri needs this same kind of repitition in order to be able to learn and teach her mind again. Mike has allowed Terri's mind to go dormant....lets give Terri treatment for 3 months and aggressive therapy and then retape her for 4 hours. That's fair enough, she has gone for 10 years without this and this is the result, so let's do a study here, let's give her just 3 months of attensive therapy and tape again for 4 hours and see if we have a difference. Doesn't Terri deserve just 3 more months to prove she is there? It's been 13 years, what harm is 3 more months? To deny Terri that oppertunity it to admit that you are afraid that she will make some improvement. We don't do that in which we fear.
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