The Terri Schiavo Case
Guardian asks, can Schiavo eat?
The governor's appointee says there seems little hope of
recovery, but requests swallowing tests.
By WILLIAM R. LEVESQUE, Times Staff Writer
Published December 3, 2003
Jay Wolfson met with Terri Schiavo almost daily during the last month. He
watched her closely when her parents visited. When her husband visited.
Wolfson looked into her eyes. He held her hand.
But during his visits, Wolfson said he saw no consistent sign that the severely
brain-damaged woman still retains even a spark of consciousness.
Wolfson, an independent guardian appointed to investigate the case, reported
on Tuesday that "competent, well-documented information" shows Mrs.
Schiavo is in a persistent vegetative state with little hope of recovery.
But Wolfson's report to Gov. Jeb Bush also recommended a new set of
swallowing tests to see if Mrs. Schiavo can eat and drink on her own. If so, he
said, it might be presumed Mrs. Schiavo would want to live.
The report by Wolfson, a University of South Florida professor, reinforces the
assertion by Mrs. Schiavo's husband that she cannot recover and has no
awareness of her surroundings. At the same time, the report offers Mrs.
Schiavo parents hope that further testing might prolong their daughter's life.
Lawyers for both Mrs. Schiavo's husband, Michael Schiavo, and her parents,
Bob and Mary Schindler, claimed victory after the report's release.
"He's recommending something that we asked the courts to do in August but
were summarily denied," said attorney Pat Anderson, who represents Mrs.
Schiavo's parents.
George Felos, an attorney representing Mrs. Schiavo's husband, also hailed the
report.
"I'm very pleased the guardian found the court process legitimate and finds that
the court without a doubt acted properly," Felos said.
Wolfson's appointment to investigate the case was mandated by "Terri's Law,"
the measure adopted by state lawmakers on Oct. 21 that allowed Bush to
order doctors to reinsert the feeding tube after she went six days without food
and water.
Wolfson's report does not provide Bush with clear, immediate direction on
whether the governor should reverse his order reinserting Mrs. Schiavo's
feeding tube. And the report is not binding on the parties.
Bush, who championed the appointment of a guardian, found himself faced
with a report that might be used by critics as proof the feeding tube should not
have been reinserted.
Bush, however, said he would not reverse his order, saying, "I am concerned
that too many open questions still remain."
Wolfson also recommended the appointment of a permanent guardian to look
out for Mrs. Schiavo, who collapsed in 1990 after a suffering cardiac arrest.
"Sometimes good law is not enough, good medicine is not enough, and all too
often, good intentions do not suffice," Wolfson said. "Sometimes, the answer is
in the process, not the presumed outcome. We must be left with hope that the
right thing will be done well.
"We are, each of us, standing in Theresa Marie Schiavo's shoes."
Wolfson was called upon to offer a recommendation about whether Bush
should reverse his order that the tube be reinserted.
Wolfson said whether Bush orders the feeding tube kept in place depends on
what swallowing tests determine and whether Mrs. Schiavo has cognitive
function. Wolfson said the test should be done only if both sides agree on how
to use the results.
Mrs. Schiavo, he noted, has been given swallowing tests in the past which
showed she could not ingest food or water without choking and developing
infection.
In a statement, Bush said he is most concerned about whether evidence clearly
shows that Mrs. Schiavo would not want to live by artificial means.
"The state must protect every Floridians' right to life, and in so doing, err on the
side of life," Bush said. "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."
Mrs. Schiavo, whose 40th birthday is today, collapsed on Feb. 25, 1990, from
a suspected chemical imbalance that some doctors believe was related to
bulimia.
Her husband, who believes his wife cannot recover, says Mrs. Schiavo told
him before her collapse she would never want to be kept alive by artificial
means. Her parents disagree, saying she has some consciousness and would
not want to die.
The relationship between Michael Schiavo and his in-laws is filled with a bitter
animosity that Wolfson said he worked to bridge, calling on the sides to open
themselves to a "fresh, clean-hands start."
But on Sunday, the night before his report was due to the governor, the
negotiations collapsed, Wolfson said.
But on Nov. 30, the night before his report was due to the governor, Wolfson
said the negotiations collapsed.
Wolfson's report offered something for everyone.
He said that Pinellas-Pasco Circuit Judge George Greer's decision to end life
support was firmly grounded in Florida law.
Wolfson dismissed accusations that Michael Schiavo abused his wife or
misused some of the $750,000 she received in a medical malpractice award.
Wolfson said "the evidence is incontrovertible that (Michael Schiavo) gave his
heart and soul to (his wife's) treatment and care."
Wolfson later said, "The Schindlers and the Schiavos are normal, decent
people who have found themselves within the construct of an exceptional
circumstance which none of them, indeed, few normal people could have
imagined."
The guardian said he was touched to see how family interacted with Mrs.
Schiavo at the Pinellas Park hospice that is her home.
"Theresa has a distinct presence about her," Wolfson wrote, noting she makes
sounds and appears to be awake much of the time.
"It would be easy to detach from her if she were comatose, asleep with her
eyes closed and made no noises," he said. "This is the confusing thing for the
lay person about persistent vegetative states."
http://www.sptimes.com/2003/12/03/Tampabay/Guardian_asks__can_Sc.shtml