YNKYH8R

I thought of something that justifies removing the feding tube.....these were her wishes.

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ARMPIT

YNKYH8R

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ARMPIT

JCshopper

I'm sorry, I just can't believe that several years after the woman became ill this man all of a sudden remembered that was her wish. Sure hope my husband doesn't have that kind of a lapse in memory.

YNKYH8R

No need to apologize, I've never heard anything about a 'lapse in memory' except from on here. From what I've heard on the news he was with her while they did treatments on her until it was decided that nothing more could be done. If he really wanted to leave her he would have. If he wanted to seperate from her he could have done that too. I see it as he is carrying out her wishes. If her peranets din;t go so such lengths to keep her alive this thread would have been about something different because it wouldn't have made headlines.
This woman is pretty much dead as it is. Leting her go, in some peoples opinions, is the best thing. When I hear about her parents or other people saying she smiles and responds I feel so sad, if only they could accept the realities of what is going on.

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ARMPIT

kidzpca

Very sad situation. Yet after 15 years of no improvement and continual regression one would think that the Family (Parents, Siblings) and Husband would have come to the same conclusion. All that can be done has been, no improvement, time to let her go.

It took the husband 8 years to accept the "Reality" of Terri's situation. He faught for her, searched for help, accepted the help, even traveled throughout the country for treatments. To no avail...She is still in PVS....

The Parent's and Siblings refuse to accept the "Truth" and won't let go.

Terri already had 26 years of what appears to be a decent life. Minus her own inflicted problems of her EATING DISORDER. Of which is her fault. Her CONTROL as most eating disorders are...it is the ONE thing the person with an eating disorder can CONTROL. Of which put her in the current condition preceded by the past 15 years.

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Father of Kyle, Elizabeth, Tiffany & Andrew. Proud Parent of a Cancer Survivor!

YNKYH8R

Schiavo parents file before entire appeals court
Their options include eventual U.S. Supreme Court appeal
NBC, MSNBC and news services
Updated: 12:58 p.m. ET March 23, 2005


ATLANTA - Just hours after losing an appeal in federal court Wednesday, Terri Schiavo’s parents returned to the same court, but this time asked all 12 judges, not just a three-judge panel, to order that their daughter's feeding tube be reinserted.

The request for an “expedited rehearing” of the full 11th U.S. Circuit Court of Appeals in Atlanta was made 10 hours after the three-judge panel rejected Bob and Mary Schindler’s earlier filing.

President Bush, who along with congressional Republicans has taken a stand in support of Schiavo's parents, reiterated Wednesday that "in a case such as this, the legislative branch, the executive branch, ought to err on the side of life, which we have. Now we'll watch the courts make their decisions."

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ARMPIT

Jolie Rouge

So ... in 1991 Terri moved to Bradenton Mediplex Rehabilitation Center where her condition is assessed as improving; Terri's husband advised to move her to Gainesville Rehabilitation Center to receive advanced therapy to continue her recovery instead he moves Terri moved to Sable Palms Nursing Home. ( Nursing Homes are not know for their Rehab facilities. )

In November 1992 Terri is awarded $250,000 in malpractice settlement to pay for her medical care and then in a seperate filing she is awarded $1.4 million in a malpractice trial. Further Michael Schiavo awarded $600,000 in malpractice trial for his pain & suffering and for "loss of consortium"

In Febuary of 1993 Michael Schiavo denies recommended rehabilitation treatment and Schiavo and Terri's parents have falling out regarding lack of therapy for Terri. Schiavo withholds medical information from Terri's parents in part because Schiavo posts "Do Not Resuscitate" order in Terri's medical chart which leads to Schiavo threatening the Schindler family with lawsuit due to their protests.

In August 1993 Schiavo orders medical staff not to treat Terri for potentially fatal infection (UT - can be quite painful ... appearently not an issue for M ) So Bob and Mary Schindler petition courts to remove Schiavo as Terri's guardian as it seems he doesn't have their daughter's best interests at heart. In the course of the case Schiavo admits in deposition that he knew withholding treatment of infection could result in Terri's death.

In Febuary 1994 Judge Penick dismisses guardianship suit. And in April Terri is returned to Palm Gardens Nursing Home.

In September of 1995 Schiavo orders Palm Gardens not to treat Terri for potentially fatal infection. Unfortunately for him, Terri recovers.

In May of 1997 Judge Shames approves Schiavo action to remove Terri's nutrition and hydration claiming that Terri is suffering PVS despite testimony from the RN's to the contrary. Coinciendaly in July Schiavo's engagement to Jodi Centonze announced; they already have one child together. But it takes until August for Attorney Felos's letter notifying Terri's parents of action to remove Terri's nutrition and hydration.


It took slightly over TWO years for M to order DNR added to her charts and denial of therapy even going against recomended Rehab facilities to place her in a nursing home instead. Then he refused Terri medical treeatment for an infection - fully aware by his own testimony - that it could have resulted in her death. His "desperate search for help" ended as soon as the courts awarded Terri a large cash settlement for her care - care that he then refused to authorise.

Does this sound like the actions of someone who "loves" his wife or does he merely view her as a possession ?

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Laissez les bon temps rouler! Going to church doesn't make you a Christian any more than standing in a garage makes you a car.** a 4 day work week & sex slaves ~ I say Tyt for PRESIDENT! Not to be taken internally, literally or seriously ....Suki ebaynni IS THAT BETTER ?

YNKYH8R

Appeals court denies rehearing in Schiavo case
Parents likely to go next to U.S. Supreme Court

NBC, MSNBC and news services
Updated: 3:23 p.m. ET March 23, 2005


ATLANTA - The full 11th U.S. Circuit Court of Appeals on Wednesday denied a request by Terri Schiavo's parents that it rehear her case. Hours earlier, a three-judge panel of the same court rejected the request of the parents, who want their severely brain-damaged daughter's feeding tube reinserted.

In Florida, meanwhile, the state Senate began debating a bill that would prohibit patients like Terri Schiavo from being denied food and water if they didn’t express their wishes in writing. The bill's sponsor was not certain he could get enough support.

President Bush, who along with congressional Republicans has taken a stand in support of Schiavo's parents, reiterated Wednesday that "in a case such as this, the legislative branch, the executive branch, ought to err on the side of life, which we have. Now we'll watch the courts make their decisions."

White House spokesman Scott McClellan later said, “There really are not other legal options available to us.”

The three-judge appeals panel, in a 2-1 ruling issued overnight, said the parents “failed to demonstrate a substantial case on the merits of any of their claims” that the feeding tube should be reinserted immediately. The severely brain-damaged woman began her fifth full day without the tube, which has kept her alive for more than a decade.

"We also conclude that the district court’s carefully thought out decision to deny temporary relief in these circumstances is not an abuse of discretion," Judges Ed Carnes and Frank Hull wrote in the majority opinion.

“There is no denying the absolute tragedy that has befallen Mrs. Schiavo,” the ruling said. “We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law.”

In his dissent, Judge Charles Wilson said Schiavo’s “imminent” death would end the case before it could be fully considered. “In fact, I fail to see any harm in reinserting the feeding tube,” he wrote.

Wednesday’s ruling was the latest legal blow for Schiavo’s parents as their 41-year-old daughter’s life hangs in balance. Doctors have said that Schiavo could survive one to two weeks without water and nutrients.

On Tuesday, a federal judge in Tampa also rejected the parents’ emergency request.

Supreme Court appeal is last one
Rex Sparklin, an attorney with the law firm representing the parents, said Wednesday that the couple could eventually appeal to the Supreme Court, the last level of judicial action.

The U.S. Supreme Court has declined to hear the Schiavo case three times before in appeals from state court rulings, but what makes it different this time is that the appeal would come from a federal ruling.

Howard Simon of the American Civil Liberties Union of Florida said the ruling pointed out the limited role of government in these matters and the need for a living will “to keep politicians out of your personal life.”

“While I anticipate that the Supreme Court will have to decide whether to get into it, I do think we are coming to the end of this sad case,” he said.


The Schindlers have been locked for years in a battle with Schiavo’s husband over whether her feeding tube should be disconnected. State courts have sided with Michael Schiavo, who insists his wife told him she would never want to be kept alive artificially.

Even before the parents’ appeal was filed with the 11th Circuit, Michael Schiavo urged the court not to grant an emergency request to restore nutrition.

“That would be a horrific intrusion upon Mrs. Schiavo’s personal liberty,” said the filing by his attorney, George Felos. He filed a response to the Schindlers’ appeal and said he would go to the Supreme Court if the tube were ordered reconnected.

Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly from a chemical imbalance believed to have been brought on by an eating disorder. Court-appointed doctors say she is in a persistent vegetative state with no hope of recovery.

Her parents argue that she could get better and that she would never have wanted to be cut off from food and water.


Justice Kennedy would get case first
An emergency filing to the high court would go first to Justice Anthony Kennedy, a Reagan appointee who has staked a moderate position on social issues.

Kennedy would have the option to act on the petition alone, although on previous emergency requests involving Schiavo he has referred the matter to the full nine-member court.

The Supreme Court’s history on right-to-die cases is pretty thin.

It ruled in 1990 that a terminally ill person has a right to refuse life-sustaining treatment. And next term it plans to consider whether the federal government can prosecute doctors who help ill patients die.

Between those cases, the court has not said much, choosing to allow states to decide the issue.

Mary Schindler has pleaded with state lawmakers to save her daughter’s life.

“Please, senators, for the love of God, I’m begging you, don’t let my daughter die of thirst,” she said Tuesday outside her daughter’s hospice, before she broke down and was escorted away.

Florida lawmakers previously have failed to pass legislation that could have prevented the removal of the tube. They may consider another bill Wednesday, but state Sen. Daniel Webster said he has yet to persuade any lawmakers to change their votes.

Parents see 'significant decline'
In court documents, the Schindlers said their daughter began “a significant decline” late Monday. Her eyes were sunken and dark, and her lips and face were dry.

“While she still made eye contact with me when I spoke to her, she was becoming increasingly lethargic,” Bob Schindler said in the papers. “Terri no longer attempted to verbalize back to me when I spoke to her.”


Demonstrators who gathered outside Terri Schiavo’s hospice here decried the courts’ decisions. One woman was arrested Tuesday for trespassing after trying to bring Schiavo a cup of water.

“This is a clear cut case of judicial tyranny. All the judges who have ruled against Terri are tyrants, and we fully expected this decision,” said Tammy Melton, a high school teacher from Monterey, Tenn.

But Richard Avant, who lives down the street from the hospice, carried a sign reading “Honor her wishes.”

“We represent the silent majority, if you look at the polls,” Avant said. “We agree that Congress overstepped their bounds.”

Republican priority
Over the weekend, Republicans in Congress pushed through unprecedented emergency legislation aimed at prolonging Schiavo’s life by allowing the case to be reviewed by federal courts.

On Tuesday, U.S. District Judge James Whittemore of Tampa rejected the parents’ request to have the tube reinserted, saying they had not established a “substantial likelihood of success” at a trial on their claim that Schiavo’s religious and due process rights have been violated.

The Bush administration “would have preferred a different ruling” from Whittemore, White House press secretary Scott McClellan said. “We hope that they would be able to have relief through the appeals process.”

The Justice Department also filed a court statement, saying an injunction was “plainly warranted” to carry out the wishes of Congress to provide federal court jurisdiction over the case.

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ARMPIT

YankeeMary

Did you not know that he flew her to California and had electodes placed internally??? This was BEFORE the law suit was won...whom do you think paid for that?
Jolie I have to ask...are you married? Would you truly and honestly want to live like she has for the past 15-16 years? Its one thing to be born like this but its another when it just happens to a regular "normal" person.

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The more you complain, the longer God makes you live.

Jolie Rouge

But within months of getting the settlement - he stopped ALL medical treatment. Ask yourself "WHY" ? Was all the seeking treatment just window dressing to gain sympathy and win the settlement ? The money was for her medical care and therapy - but within months of receiving the settlements he stops - even refusing to allow them to treat her for an infection.

How do you explain going from seeking exotic therapies to refusing basic care in a few short months -- the only thing that changed was the lawsuit was settled giving M. access to a LOT of money.


Yes, twice in fact. First time for 4 years ... to my DH for almost 16 years.

What does that have to do with the following question ?

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Laissez les bon temps rouler! Going to church doesn't make you a Christian any more than standing in a garage makes you a car.** a 4 day work week & sex slaves ~ I say Tyt for PRESIDENT! Not to be taken internally, literally or seriously ....Suki ebaynni IS THAT BETTER ?

kidzpca

Family facing dilemma like Terri Schiavo's makes an agonizing decision
Wednesday, March 23, 2005

"Little Jerry" has come home for the last time.

Bedridden and virtually unresponsive for half of his 20 years, Gerold Marcinkowski III is fighting the latest in a series of infections that has put him at the edge of death several times since an automobile accident when he was 4.

That accident, which caused a closed head injury, set off a series of events that led to a slow decline and multiple hospitalizations, including the latest hospitalization earlier this month. Jerry was brought home about a week ago.

While the Oshtemo Township resident remains connected to a feeding tube, oxygen and a morphine pump, his parents, Gerold and Lori Marcinkowski, now have accepted the advice from medical professionals -- and their own consciences -- not to use any more extreme measures to prolong their son's life.

They said they will no longer use antibiotics that have helped him through previous infections and will not resuscitate him if his situation worsens.

"We are at the point where we have decided to stop being selfish and let him go," Lori Marcinkowski said Tuesday morning. "It is a very, very hard decision.

"As parents, we never want to see a child go first. But when we knew that it was time to make a final decision, we asked family and friends and they all agreed," she said.

"Does he have any quality of life? No, he doesn't. Is it more humane to keep pumping in the antibiotics or to let him go? Let him go," she said.

"We love him," Gerold Marcinkowski said.

The Marcinkowskis say they decided to talk about their decision after watching the news about Terri Schiavo, the Florida woman who has been in a persistent vegetative state longer than their son.

"We are hoping that if we tell our story, maybe they could read about it or that we can help other people in a similar situation," Lori Marcinkowski said.

"I can understand how Terri's parents feel. No parent wants to bury a child. But I can also understand how her husband feels. ... He sees the suffering and the pain that she feels."

As the Marcinkowskis talk, Jerry's eyes are open and move side to side or upward, never focusing. A machine records his heart rate at nearly 150 beats a minute. There is no movement other than his eyes and chest as he breathes.

Born deaf on June 7, 1984, Little Jerry, as his family calls him, was learning to sign and communicate just before the accident caused the closed-head injury that prompted a four-hour brain surgery, seizures and a year of intensive rehabilitation.

Lori Marcinkowski said that her son slowly regained some function and was attending Croyden Avenue School for children who need special education when he got sick and lost all the gains he had made.

Once again, Jerry underwent rehabilitation and made gains until he got severe pneumonia at about age 9, she said.

His life since then has been a tale of paralysis, hospitalizations, antibiotics to fight infections and an almost complete lack of responsiveness.

"We don't know if he knows us as his parents," Gerold Marcinkowski said. "We sense that he knows us as a constant in his life. We're the ones who bathe him, change his diaper, clip his nails."

Neither parent is able to work because it takes both of them to provide care 24 hours a day, seven days a week. Jerry's medical bills are paid primarily by Medicaid and Michigan Children's Special Health Care Services, formerly called Crippled Children.

The Marcinkowskis' share is about $5,000 a year, Gerold Marcinkowski said.

"We never saw Jerry as a burden on us," Lori Marcinkowski said. "We saw it more as a burden on his sisters. We couldn't do family things, and both of us couldn't attend school events at the same time."

Little Jerry's siblings are Elise, 22, Mary, 21, and Julie, 20.

"He has not been a burden to us at all," said Mary Marcinkowski, who lives at home and attends school. "The burden has been his."

The Marcinkowskis say they have taken that final step to ease that burden.

"We've pulled our hair out over this," Gerold Marcinkowski said. "But we can't see him suffer anymore. We pray and hope he goes in his sleep."

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Father of Kyle, Elizabeth, Tiffany & Andrew. Proud Parent of a Cancer Survivor!