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New Guardian Urged for Terri Schiavo, More Evaluation of Her Condition Needed
LifeNews.com ^ | December 2, 2003 | Steven Ertelt

Posted on 12/02/2003 11:28:31 AM PST by nickcarraway

Tallahassee, FL (LifeNews.com) -- An independent guardian appointed for Terri Schiavo told Governor Jeb Bush Tuesday that she deserves a permanent guardian other than her estranged husband Michael. He also claimed Terri is in a permanent vegetative state, but added that she should be re-evaluated by experts.

Under Terri's Law passed by the state legislature, an independent guardian was authorized to provide Governor Bush with recommendations about Terri's situation.

On October 31, Chief Pinellas-Pasco Chief Judge David Demers appointed Dr. Jay Wolfson, a professor of health and law at Stetson University in Florida, as Terri's guardian ad litem, despite the suggestion of bias from Terri's family.

Wolfson submitted a lengthy thirty-page report to Bush on Tuesday.

According to a source familiar with the report, Wolfson describes Terri as being in a persistent vegetative state. However, numerous doctors say otherwise and videos made by Terri's parents show her responding to doctors and her family.

Dr. William Hammesfahr, a neurologist from Clearwater, where Terri was hospitalized, is a recognized national expert on PVS and is a Nobel prize nominee. He says Terri's eyes clearly fixate on her family and she tries to follow the simple commands her parents give her.

"She looks at you, she can follow commands," Hammesfahr said.

Wolfson says Terri should be granted a permanent guardian other than Michael Schiavo. Among other concerns, Terri's family says has denied her appropriate medical and rehabilitative care he was obligated to provide from a medical malpractice award he received.

Wolfson also said medical experts should be brought in to evaluate Terri's cognitive function and her rehabilitative abilities.

Following the passage of Terri's Law, Wolfson told WFTS-TV in Tampa, Florida: "If this law stands the constitutional test of the courts, then it certainly implies the executive of our state has the prerogative of injecting the state into your life, or your family member's life."

Pat Anderson, the family's attorney, later told LifeNews.com that they met with Wolfson and were "very hopeful he can get his work done in the thirty days given to him."

Related web sites:

Terri's family - http://www.terrisfight.org


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; Miscellaneous; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: courts; florida; jebbush; prolife; righttolife; schiavo; schindler; terrischiavo; terrisfight
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To: shhrubbery!
Good point. Thanks to Judge Demers, Wolfson's "marching orders" were "narrowly constructed" to include only the court record. Kate Adamson's recovery and experiences were purposefully excluded from Wolfson's investigation. Why would Demers want to muddy Greer and Felos' lovely track record with those pesky details?

161 posted on 12/03/2003 5:59:44 AM PST by msmagoo
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To: Theodore R.
I think Wolfson genuinely wanted to see all sides come to an agreement. I don't think he has any financial interest in being Terri's GAL. If there is any underlying motive, it's likely to want to be the person who was able to untangle the complex issues and conflicts in order to work out an equitable arrangement satisfactory to all parties.

Of course, he should have known that Felos & Co. wouldn't back away from the death order even if it can be proven Terri can improve with therapy. Which certainly would leave Wolfson wondering why killing Terri is so important to HINO, that he would pull out of an agreement to have her reevaluated.
162 posted on 12/03/2003 6:10:00 AM PST by msmagoo
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To: Theodore R.
Could Wolfson have spoken all over the lot so he can stay on as GAL as long as possible? I don't know what he is paid, but he could have some financial interest in sticking around as the GAL. Plus he gets public attention and may gain demand as a lecturer in the future. In Terri's case, it's all about the money for nearly everyone but the Schindlers, Speaker Byrd, and Governor Bush.

I had the same thought. This may be his main motivation. He says there is a real presence about her and orders swallow tests, yet says she won't ever recover from PVS.

But, perhaps he just doesn't want to be a party to murdering this woman by starvation and dehydration without at least giving the appearance of doing everything possible for her first.

163 posted on 12/03/2003 6:15:16 AM PST by FR_addict
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To: nickcarraway; All
Gov. Jeb Bush's response to Dr. Jay Wolfson's report:

Statement By: GOVERNOR JEB BUSH

Guardian Ad Litem's Report

TALLAHASSEE- "I appreciate Dr. Wolfson's time and effort in this endeavor. I also respect the tremendous challenge of preparing an accurate, independent and thorough review of nearly 10 years of information in only 30 days. That Dr. Wolfson recognizes the continued need for an independent third party Guardian Ad Litem is encouraging, as is his recommendation that Mrs. Schiavo undergo swallowing tests and therapy. Based on this third party analysis, I am hopeful that Mr. Schiavo and his attorney will no longer prevent this vital testing from taking place. This would be a first step in the fresh, clean-hands start that Dr. Wolfson recommended at the end of his report.

"Taken as a whole, however, I am concerned that too many open questions still remain. Chief among them is the issue of Mrs. Schiavo's wishes, and whether or not there is clear and convincing evidence as to what those wishes were. The current court proceedings have not addressed this issue, or her current guardian's conflicts of interest, nor have I been given the opportunity to develop evidence, or test the accuracy of Mr. Schiavo's assertions on this matter.

"I am also concerned we do not know the expertise of the individuals who provided the 'answers' to the questions that are addressed in the report. I am sure that Dr. Wolfson, who indicated his reliance on 'good science-based medicine,' understands the importance of knowing which good scientists and good doctors he relied on to reach certain conclusions.

"As I have said from the beginning, the state must protect every Floridian's right to life, and in so doing, err on the side of life. As Governor, I will continue to do just that. Nothing in Dr. Wolfson's report leads me to believe the stay should be lifted at this time, or that Mrs. Schiavo should be deprived of her right to live."

164 posted on 12/03/2003 6:17:44 AM PST by msmagoo
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To: msmagoo
"I don't think he has any financial interest in being Terri's GAL."

I'm sure there is payment for being appointed Guardian by the courts. How much, I don't know.
165 posted on 12/03/2003 6:17:48 AM PST by FR_addict
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To: msmagoo
Thanks for the post. Governor Bush summed it up nicely.

If Judge Greer wants to get out of this mess and Michael S. and Felos refuse to allow the swallow tests, maybe he could use that fact to appoint a new guardian with Terri's interests at heart.
166 posted on 12/03/2003 6:21:31 AM PST by FR_addict
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To: shhrubbery!
Coma recovery in the news:

Anita Creamer: Even a coma couldn't keep 'ladder lady' down forever

(excerpt)
"I was at lunch with friends, talking about the woman in Florida," says Valeriejeanne Anderson. "If all that conflict had been going on around me when I was in a coma, I wouldn't have wanted to wake up."

As it was, Anderson emerged after several months, fully aware that her five children had been at her bedside, telling doctors that their mother was going to recover. She remembered bits and pieces of what had gone on around her, as if through a dream.

"We weren't sure how many connections were going on," says Lemen. "But we'd talk to her and pat her and say things in her ear. We brought jazz music CDs and put headphones on her."

When she resurfaced, Anderson says, "The first thing I remember is hearing the music and thinking, is that Sarah or is that Ella?"

167 posted on 12/03/2003 6:26:23 AM PST by msmagoo
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To: FR_addict
Right. Not to say he isn't being paid; what I meant was he is asking to stay on as guardian for reasons other than collecting payment as Terir's GAL.
168 posted on 12/03/2003 6:43:58 AM PST by msmagoo
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To: Ohioan from Florida
http://www.orlandosentinel.com/media/acrobat/2003-12/10455191.pdf

I glanced through this report by Wolfson. I will probably study it in more detail later today.

He doesn't provide the actual references to court documents for most of the conclusions he draws.

It is realy one-sided. Sounds like Felow wrote it.
169 posted on 12/03/2003 6:46:15 AM PST by FR_addict
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To: msmagoo
And dont forget Greer is legally blind.
170 posted on 12/03/2003 6:51:17 AM PST by lilypad
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To: shhrubbery!
The Kate Adamson case has been discussed before.

There is no evidence that she was ever declared to be in PVS. She was able to communicate through blinking her eyes within a couple of weeks while still in intensive care. In the articles, she herself has posted to her own website, it is stated that her inability to speak was attributable to the presence of her trach.

Further, there is no claim or mention that anyone tried to starve her to death.
171 posted on 12/03/2003 6:59:06 AM PST by daylate-dollarshort
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To: FR_addict
The news really ticks me off, "Thumbs down for Terri Schiavo" is the breaking news at the 10am hour. All they say is Wolfson thinks there is no hope for her. There is nothing else mentioned about the report. This sends chills down the spine! I need to make a phone call, excuse me.
172 posted on 12/03/2003 7:03:01 AM PST by lilypad
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To: daylate-dollarshort
"Further, there is no claim or mention that anyone tried to starve her to death."

According to her husband the doctors tried to. He had to threaten to take the doctors to court to get them to back off.

173 posted on 12/03/2003 7:09:53 AM PST by FR_addict
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To: FR_addict
I saw the interview and obviously so did you. Surely you were able to see through that bit of theater.

K. Adamson claimed to have been in coma for 70 days and was aware but could not communicate. When pressed by O'Reilly for an answer to how long she was unable to communicate, she avoided answering. O'Reilly pressed the issue, yet she wouldn't answer. Her husband said that is was a couple of weeks.

Read all the articles Adamson has posted on her website. Not one of them, NOT ONE, makes even a mention that she was beyond hope and as a result her feeding tube was removed.

Besides, her lawyer/husband would have to approve the denial of sustenance PRIOR to any removal by the physicians.

Adamson makes a living off her book and as a motivational speaker. She is a self-promoter- a huckster- who is seeking publicity, no more.

174 posted on 12/03/2003 7:28:55 AM PST by daylate-dollarshort
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To: FR_addict; All
"If Judge Greer wants to get out of this mess and Michael S. and Felos refuse to allow the swallow tests, maybe he could use that fact to appoint a new guardian with Terri's interests at heart. "

Interesting point. The report made public was edited to remove sensitive material, according to the CNN article yesterday morning.

If Wolfson's comments on MS's fitness as guardian were removed, that might explain why the LifeNews.com article at the top of this thread ("New Guardian Urged for Terri Schiavo, More Evaluation of Her Condition Needed") went down only to be supplanted later with the headline "Independant Guardian Tells Bush Terri's Condition Hopeless, Should Get Swallowing Test" . . . did LifeNews.com let the cat out of the bag? Did Felos flip over the public revelation that Wolfson was advising a new guardian be appointed? Later reports do not include that information!

Look at the google link to new-guardian Terri-Schiavo

175 posted on 12/03/2003 7:32:18 AM PST by msmagoo
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To: lilypad
"And dont forget Greer is legally blind."

If we move to change FL law to make eyeglasses "artificial life support" can we starve and dehydrate Greer as a test case? I "telepathically" heard him saying he wished he was dead the morning after New Year's Eve in 1999. And, my dog heard him say that too! Bye bye, Greer!

176 posted on 12/03/2003 7:46:45 AM PST by msmagoo
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To: shhrubbery!
There have been other similar cases where doctors have declared that nothing can be done and yet were proven wrong.
177 posted on 12/03/2003 7:49:41 AM PST by Dante3
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To: Theodore R.; shhrubbery!; msmagoo
Doctors said Kate Adamson was in PVS too.

They tried to starve her to death too.

They were wrong.

Good point. Thanks to Judge Demers, Wolfson's "marching orders" were "narrowly constructed" to include only the court record. Kate Adamson's recovery and experiences were purposefully excluded from Wolfson's investigation.

The Executive Order can be revoked by the Governor, but if Terri's Law is found to be unconstitutional, E. would no longer carry the force of law.

Could Wolfson have spoken all over the lot so he can stay on as GAL as long as possible?

Do you suppose HIS marching orders were that he stay on until such time that the E.O. was overturned, so that someone more pro-life would not be appointed in his place? Maybe the time spent with Terri and her family, and possibly a nudge from the Holy Spirit, is helping to build another heart of flesh.

I am cautiously impressed with and hopeful with Jeb's seemingly astute and caring stance at this point. He seems to have back-tracked on his earlier position that Terri was PVS and that her life should hinge on whether she could swallow on her own or not.

Wolfson's stance seems to have shifted as well, judging from what he said after Jeb issued the executive order:

Following the passage of Terri's Law, Wolfson told WFTS-TV in Tampa, Florida: "If this law stands the constitutional test of the courts, then it certainly implies the executive of our state has the prerogative of injecting the state into your life, or your family member's life." ....and what he's saying now:

An independent guardian appointed for Terri Schiavo told Governor Jeb Bush Tuesday that she deserves a permanent guardian other than her estranged husband Michael. He also claimed Terri is in a permanent vegetative state, but added that she should be re-evaluated by experts.

In effect, it appears that he now agrees with Jeb taking the steps he did in order to save a life. msmagoo - good catch on #175!

178 posted on 12/03/2003 8:04:29 AM PST by Ethan_Allen (Gen. 32:24-32 'man'=Jesus http://www.preteristarchive.com/Jesus_is_Israel/index.html)
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To: daylate-dollarshort
You don't know how to read. Almost EVERY article, statement, court document, etc. states that the "medical expert" giving information/testimony said that they "reviewed her medical records". NONE of them said they actually EXAMINED Terri.

You are more than a day late and a dollar short. You are a total and complete idiot. One more posting from you and I will hit the abuse button. I have told you before not to post your ignorant ramblings and stupid questions to me.
179 posted on 12/03/2003 8:18:10 AM PST by atruelady
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To: FR_addict
If Judge Greer wants to get out of this mess

He doesn't want to get out of this "mess." To Greer this is the "opportunity" of his whole life!!! He has already ordered the killing of other disabled patients. He is on a roll. He probably believes that he is "doing God's will." I wonder why his church has not challenged his philosophy. The man needs "re-education."
180 posted on 12/03/2003 8:20:08 AM PST by Theodore R.
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