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How many times were we told that Terri would never recover.

Two threads by me.

‘Brain dead’ woman recovers after husband refuses to withdraw life support

NORTHERN TERRITORY, Australia, May 12, 2011 (LifeSiteNews.com) - An Australian woman who was declared “brain dead” regained consciousness after weeks of fighting doctor recommendations that her ventilator be shut off, according to a report in the Northern Territory News yesterday.

Fifty-six-year-old Gloria Cruz was rushed to Royal Darwin Hospital in the Northern Territory of Australia on March 7, after having a stroke in her sleep.

When a CAT scan revealed that Cruz was most likely suffering from a brain tumor, she underwent surgery in what initially appeared to be an unsuccessful attempt to save her life.

“The moment I saw my wife in the ICU I thought I’d collapse,” Gloria’s husband, Tani Cruz said, according to Northern Territory News. “I couldn’t believe that I was looking at the woman I have loved for 27 years. She was not my wife. Her face was swollen. Her hair was gone. Tubes were inserted in her mouth. There was a tube in the top of her head. Another in her hands. And she was lying almost lifelessly.”

Doctors told Mr. Cruz that his wife would die within 48 hours, calling her situation “hopeless.” They recommended that the ventilator that was keeping her breathing be removed.

While Cruz stalled the decision, he was contacted by a social worker and a “patient advocate” who urged him to remove the ventilator and allow his wife to die.

“I told him that God knows how much I love her - that I don’t want her to suffer but I don’t want her to leave us,” Cruz said. “I’m a Catholic – I believe in miracles.”

After two weeks, he allowed them to shut off the ventilator, but insisted that a breathing tube be inserted in her mouth so that she could continue breathing on her own.

Three days later, Gloria Cruz defied the medical experts and woke from her coma. According to her husband, she is now alert, mobile, and on her way to recovery.

“We have a strong faith and always believed that God would help us,” said Cruz.

An increasing number of experts have begun calling into question the “brain death” criteria for determining death. They argue that brain death is an arbitrary set of criteria developed largely to ensure the usability of organs harvested from such patients, as well as to decrease the medical costs involved in keeping “brain dead” patients alive on life support.

A number of incidents have seemed to confirm this view, including one particularly chilling case in which a young man declared “brain dead” actually heard doctors discussing harvesting his organs. Minutes before being wheeled into the operating room to have his organs removed, he woke up.

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Wesley J. Smith: Futile Care Theory: The Dangers of Rushing to End Treatment

An Australian “brain dead” woman (clearly a misnomer, about which more below) was ordered removed from life support only a few weeks after suffering brain injury. But thanks to the efforts of her family, she is now recovering. From the story:

A TERRITORIAN has woken from the dead. Gloria Cruz was diagnosed as being “brain dead” by a team of doctors after suffering a massive stroke. But her distraught husband Tani begged them not to switch off her ventilator. “I’m a Catholic – I believe in miracles,” he told them…
Ms Cruz had a stroke in her sleep on March 7 and was rushed to Royal Darwin Hospital. After a CAT scan, a doctor said she probably had a brain tumour. Mr Cruz, 51, who works as a forecaster at the Darwin Met Bureau, said: “The doctor didn’t elaborate. He just said I should prepare myself.” His wife underwent brain surgery immediately…Doctors said the case was “hopeless” and she would probably die within 48 hours.
When a doctor recommended that the ventilator be removed and Mrs Cruz be allowed to die, her husband told them: “A miracle could still happen. I told him that God knows how much I love her – that I don’t want her to suffer but I don’t want her to leave us.” Mr Cruz asked for a 48-hour respite. A doctor, social worker and patient advocate later rang him and again asked him to agree to have the ventilator turned off. After two weeks, a breathing tube was inserted in Mrs Cruz’s mouth and the ventilator was turn off. Hospital staff were stunned when she woke from her coma three days later.

This story illustrates many of the problems we see in medicine today:
1. There is a tendency to give up way too early on patients who have serious brain trauma. I think that is in part to the bioethical meme that rejects human exceptionalism, accepts the so-called “quality of life” ethic that presumes people with catastrophic cognitive traumas have lower moral worth, and indeed as some hold, are mere human “non persons.”
2. “Brain death” is a badly misused term. If Cruz breathed on her own after the ventilator was turned off, by definition, she wasn’t dead, but in a coma, as the story stated later. Media and medical communicators have to watch their lexicon. An unconscious patient is a living patient.
3. Diagnosis of persistent consciousness can’t usually be done reliably in days, or even weeks. It takes months, and even then, there is a 40% misdiagnosis rate. It would appear that a hasty prognosis might have been made in this case that could have had tragic results. What if the family hadn’t fought for her life? She might not have recovered to the point that she was able to breathe unassisted.
4. Doctors should not have the unchecked power to unilaterally “pull the plug.” Decisions that wanted further treatment is “futile” should not be made by the doctors or hospital bioethicists or social workers. Rather, they require strong checks and balances and decision by rule of law. If the wanted treatment is clearly so burdensome to the patient (not the medical team or hospital finances) that it should be stopped, that is a decision to be made in open courts with rights of cross examination and appeal.
5. Occasionally, “miracles” do happen.

This part of the story raised my eyebrow:

A doctor was so amazed, he said: “It’s a miracle.” And then he turned to Mr Cruz and said: “I am happy that my prognosis was wrong.”

Well, that’s nice. But I hope the doctor learned something from this experience. Sometimes prognoses are wrong. The one in one hundred chance comes up one in one hundred times. Hope should not be too quickly abandoned.

Gary Harvey hasn't been in the news for over a year, but his story demonstrates all of the dangers of death panels.

Thread by me.

My husband is a medical hostage for profit (Gary Harvey)

(WASHINGTON D.C.) - Where does one turn when you become disabled, vulnerable or old and become unlawfully a victim of the system? There are no kind words for the injustice that Chemung County New York has visited upon my husband, Gary Harvey and me.

Gary at work.

My husband a veteran who served his country and fought for our freedom is being denied his.

Until January 2006, my husband was leading a normal life. I am telling this story on behalf of a “Person”.

Not a corporation, not a piece of “Human Capital” and definitely not a legal instrumentality for quasi-corporate monetary gain. I am talking about a man named Gary Harvey.

Although Gary Harvey is still a living person, he has not been treated as such since 2006 when he fell down a flight of stairs and sustained traumatic brain injury.

Sometime later, his prognosis worsened into a vegetative condition, but this would only be the beginning of his nightmare.

Gary was placed in Chemung County Nursing Facility - and a familiar battle began.

I started complaining about the quality of care - or lack thereof.

Gary Harvey today

After pushing their own allegations, the facility was successful [in 2007] in having I deemed "unsuitable” as my husband's guardian, severely limiting contact and removing any right to make decisions on his behalf.

The County Department did not file for an Adult Protective Services (APS) guardianship, but the county attorney shows up unannounced at a purely civil/family court proceeding, and secures the commissioner of department of social services(DSS) as his guardian and she administratively designates Adult Protective Services.

They turned the article 81 guardianship into an adult protective service proceeding.

From that point forward, I have been struggling against all odds to save my husband from what I fear could be the same fate that confronted the Schindler family’s beloved Terri Schindler Schiavo.

After my husband’s constant trips to the ER over the years from negligent care, on May 16th 2009 his fate was never to return to Chemung County Nursing Facility after unknown, unexplained occurrences that destined him confined to St. Joseph hospital where in conjunction with his court appointed “protectors” attempted to end his life by dehydrating and starving him to death and were successful in attaching an unlawful DNR (Do not resuscitate) on him while my husband’s court appointed attorney coached the “protectors” how to do it, and his knowledge of my husband’s wishes.

Gary during his service to his nation, in the U.S. Army during the Vietnam War. He is circled at the top right of the photograph in the back row.

Sara and Gary Harvey in happier days

Can you believe that Adult Protective Services of Chemung County New York who is suppose to “Protect”, a community guardian of and for Gary since March 2007 ... they actually petitioned the county court for permission to kill their ward?

An adult protective services unit, a public guardian, a charitable non-profit 501(c)(3) corporation, sought court permission to kill their ward.

Although I got wind of a meeting, I was not permitted to attend, have any input nor know the results of said meeting until a week later.

In fact, prior to my official notice from the Ethics Committee, the Ethics Committee had already arranged and conducted meetings with Gary’s estranged children, his mother, and unbelievably – even his ex wife!

He is denied second opinions, Why? He is a veteran and the VA is denied to evaluate Why? What is it they are trying to hide? The law was written to protect and preserve the ward. Many cases out there this is not so.

My husband has been kidnapped and is being held against his will as what I believe a medical hostage for the profits and purely private interests of persons and entities who have no legal authority or business being his court appointed guardian.

New York law clearly prohibits the public guardian from attaining guardianship, and serving as guardian, in the manner so attained and within the plain and obvious conflicts of interests as do in fact exist in this sad situation.

The County nursing home where Gary resided for 2 years --- is assured a resident and payment, and when the community hospital became the residence for Gary nearly two years ago, the same county attorney who, from his part-time private practice is counsel for the hospital, counsel for the guardian, counsel for the county, and counsel for the public guardian, and the ole "Robed One" thinks we are all stupid and do not recognize the obvious, who also worked for the same law firm.

When every attorney involved works for the same law firm Senator O'Mara's law firm. How do I Sara Harvey who has no attorney, fighting alone ever get a fair hearing and/or trial?

Gary attending a meeting

Perhaps, lets evaluate this a bit. Chemung county law department a public agency that is suppose to protect the people in our community, the vulnerable, elder and disabled.

A few of those attorneys from their public office are also private practice associates with Davidson & O’Mara P.C. Lets see, St. Joseph Hospital, not his choice doctor, his appointed guardian CCDSS, his designated guardian APS and his assigned case worker APS and all have the same theme in common Davidson & O'Mara attorneys.

St. Joseph Hospital billed my private insurance $932K last year, out of those submitted claims $800.00 were for therapy. Sounds like good care right? Davidson & O’Mara’s client has a lot to lose if my husband were permitted to return home or placed elsewhere. Ironically, I am the only one who sees the very obvious motive.

My husband has suffered abuse, neglect and pure isolation from his court appointed protectors. You go to them and complain and they are not going to admit they are abusing and exploiting my husband.. Routinely he has surgery, like clockwork.

Anyone can see the pattern and fail to protect him from unnecessary surgical procedures because of negligence. I strongly feel that my private insurance should not have pay for their negligence.

I have no say in the matter, the county uses HIPAA as their shield for protection. I report it to the district attorney who sees no crime and guess what, his trail goes back to Davidson & O’Mara and the judges husband is an assistant district attorney who also worked for Davidson & O’Mara.

I report it to his court appointed attorney from MHLS and unbelievable the trail goes back to Chemung County Law Department via. Davidson & O'Mara.

Let’s further examine this, the appointed case worker, who works for APS and part time employee of St. Joseph hospital who in turn approve these routinely surgical procedures that are being billed to my private property insurance policy…no prejudice here.

End result who’s interest and benefit are they really protecting, while my husband remains as a “cash cow” for them? Gary has no adequate remedy of law in this county.

Perhaps there are those in New York such as the NY Law Commission who define a “Person” as a corporation, “public” corporation, business trust, estate, trust, partnership, joint venture, governmental subdivision, agency or a instrumentality of any other legal or commercial entity, but in the real world with real “Persons”, we in society commonly refer and know a “person” to be a “Human Being”.

I don’t consider your spouse, children, grandchildren, aunts, uncles, grandparents or friends as anything other than that of a “Human Being” to be honored and dignified with natural and constitutional rights as provided under God’s Law as well as mans law entitled to rights established by our forefathers in the “The Constitution of the United States”.

Gary Harvey has been institutionalized for more than 5 years and isolated from the love and compassion of his wife. Gary deserves the love and companionship of his wife, the comfort of his home and friends.

Not only is it inhumane to continually deny him quality care, treatment and testing but cruel to continue restricting his wife's visits. I am not the one who tried to kill him, his guardian—Chemung County, and St Joseph Hospital are. Death Panels do exist.

The crime against disabled, vulnerable and elders is growing. This is a new wave of income for the crooked lawyers, judges and appointed guardians. The law is designed to steal and they all know the tricks. Watch out baby boomers you are next and my husband is one of them.

What happens when state government breaks its own laws? They make new ones. AOLTC --- AnOpenLetterToCongress.info. Gary is on page 4 titled DNR as Punishment for Wife’s “Interference”.

You have no rights... not even if you are legally married.

The marriage vows mean nothing in this county. Marriage is an advance directive from my husband when we said our vows to each other and before God, family and friends.

If I had not taken my plight to the media... I would be a widow. They tried to end his life and these people are still in control and managed to attach an unlawful DNR to him. How sick does that get?

The wards/victims and family members can only sit and helplessly watch while the spider comes for his meal, sometimes being spoon fed by judges that are also players in this extremely unbalanced game.

The meal is comprised of the persons life, liberty and property and is enabled the promulgated purpose, powers and objectives set forth in the Facilities Development Corporation Act (per the pleasure and convenience) encompassed in the FDA statutes.

Sharon and others who share her views, are featured in this recently published video by Press TV in Washington D.C.

YouTube Video: Elder abuse, neglect rampant in US

"We will not be silent.
We are your bad conscience.
The White Rose will give you no rest."