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01-28-2005, 05:35 PM
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#45 (permalink)
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Originally Posted by JKATHERINE : Terri Schiavo is completely brain dead. She doesn't think, eat, feel or speak. She doesn't recognize those around her.
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Wolfson served as Schiavo's guardian for two months in 2003 under ``Terri's Law.'' He tried to broker an agreement between the two sides, but was unsuccessful. Wolfson said it is not too late to revisit the original question in the long-running legal saga - is the 41-year-old woman disabled, or brain dead?
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Appearently the question has yet to be addressed.
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Counsel was able to personally verify the fact that Terri is not in a coma or even in a comatose state. She was purposefully interactive, curious and expressive with her parents during the entire 45-minute visit.
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hmmm ... seems there is a difference of opinion worth investigating.
Michael Schiavo intends to withdraw the tubes that feed and hydrate his 41-year-old wife as soon as legally possible ....
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01-28-2005, 11:26 PM
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#46 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene
Doesn't appear to be all about the money, IMO.
From our local news channel:
Proposed deals on Schiavo settlement revealed
Friday, January 28, 2005
Terri Schiavo is staying at a Clearwater assisted living facility.
For the very first time, details of a proposed settlement in the highly controversial Terri Schiavo were made public Friday.
Bottom line, Bob and Mary Schindler, Terri Schiavo's parents, said they want to take full responsibility for their daughter if her husband would just walk away.
The proposed settlement would give Bob and Mary Schindler full custody of their daughter, Terri, who has been in a persistent vegetative state for the past 14 years.
They've always said their daughter has a chance at recovery if given the chance.
The Schindlers said in return, Michael Schiavo would be able to legally divorce Terri, and start a new life with his girlfriend and two children.
Michael Schiavo rejected the settlement offered by Terri's parents last October.
The Schindlers said Michael Schiavo could also keep any leftover money from Terri's estate and have rights to any future book or movie deals.
Michael Schiavo has rejected the conditions of the Schindler's settlement offer.
"We're trying to give Terri back to her family," said Bob Schindler. "We love Terri, we believe she can be rehabilitated and we'll fund that now."
That settlement was given and rejected by Michael Schiavo several months ago in October.
But the Schindlers said the offer is still on the table.
Meanwhile in court today, the Schindlers again asked the judge to stop Michael Schiavo's doctors from removing Terri's feeding tube.
That removal however won't come until every legal appeal has been exhausted.
Exactly when that will happen is anyone's guess.
http://www.baynews9.com/content/36/2005/1/28/69655.html
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01-28-2005, 11:55 PM
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#47 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene
I found this interesting as well........
Most Common Questions and Answers
If Terri hasn't recovered after all these years of therapy, why not let go?
Terri hasn't had meaningful therapy since 1991, but many credible physicians say she can benefit from it.
Why can't Terri just divorce?
Terri's husband/guardian speaks for her. She cannot divorce without his permission
Does Terri have an advanced directive or any wishes about her healthcare?
Terri never signed any directive or living will and there is no evidence that she foresaw her present situation.
Why do Terri's family fight to keep her alive? Shouldn't they let her husband decide?
Terri's husband has started another family and probably has gone on with his life. Terri's family want to provide her therapy and a safe home.
Is Terri receiving life support?
Not in the traditional sense. Terri only receives food and fluids via a simple tube.
Isn't removing her tube a natural and dignified way to die?
No. Dehydration and starvation cause horrific effects and are anything but peaceful. Read more here.
Most common misconceptions about Terri's situation
MYTH: Terri is PVS (Persistent vegetative state)
FACT: The definition of PVS in Florida Statue 765.101:
Persistent vegetative state means a permanent and irreversible condition of unconsciousness in which there is:
(a) The absence of voluntary action or cognitive behavior of ANY kind.
(b) An inability to communicate or interact purposefully with the environment.
Terri's behavior does not meet the medical or statutory definition of persistent vegetative state. Terri responds to stimuli, tries to communicate verbally, follows limited commands, laughs or cries in interaction with loved ones, physically distances herself from irritating or painful stimulation and watches loved ones as they move around her. None of these behaviors are simple reflexes and are, instead, voluntary and cognitive. Though Terri has limitations, she does interact purposefully with her environment.
MYTH: Terri does not need rehabilitation
FACT: Florida Statute 744.3215 Rights of persons determined incapacitated:
(1) A person who has been determined to be incapacitated retains the right
(i) To receive necessary services and rehabilitation.
This is a retained right that a guardian cannot take away. Additionally, it does not make exception for PVS patients. Terri has illegally been denied rehabilitation - as many nurses have sworn in affidavits.
MYTH: Removal of food was both legal and court-ordered.
FACT: The courts had only allowed removal of Terri's feeding tube, not regular food and water. Terri's husband illegally ordered this. The law only allows the removal of "life-prolonging procedures," not regular food and water:
Florida Statute 765.309 Mercy killing or euthanasia not authorized; suicide distinguished. Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.
MYTH: Many doctors have said that there is no hope for her.
FACT: Dr. Victor Gambone testified that he visits Terri 3 times a year. His visits last for approximately 10 minutes. He also testified, after viewing the court videotapes at Terri’s recent trial, that he was surprised to see Terri’s level of awareness. This doctor is part of a team hand-picked by her husband, Michael Schiavo, shortly before he filed to have Terri’s feeding removed. Contrary to Schiavo’s team, 14 independent medical professionals (6 of them neurologists) have given either statements or testimony that Terri is NOT in a Persistent Vegetative State. Additionally, there has never been any medical dispute of Terri’s ability to swallow. Even with this compelling evidence, Terri’s husband, Michael Schiavo, has denied any form of therapy for her for over 10 years.
Dr. Melvin Greer, appointed by Schiavo, testified that a doctor need not examine a patient to know the appropriate medical treatment. He spent approximately 45 minutes with Terri. Dr. Peter Bambakidis, appointed by Judge Greer, spent approximately 30 minutes with Terri. Dr. Ronald Cranford, also appointed by Schiavo and who has publicly labeled himself “Dr. Death”, spent less than 45 minutes examining and interacting with Terri.
MYTH: This is just a family battle over money.
FACT: In 1992, Terri was awarded nearly one million dollars by a malpractice jury and an out-of-court malpractice settlement which was designated for future medical expenses. Of these funds, less than $50,000 remains today. The financial records revealing how Terri’s medical fund money is managed are SEALED from inspection. Court records, however, show that Judge Greer has approved the spending down of Terri’s medical fund on Schiavo’s attorney’s fees - though it was expressly awarded to Terri for her medical care. Schiavo’s primary attorney, George Felos, has received upwards of $400,000 dollars since Schiavo hired him. This same attorney, at the expense of Terri’s medical fund, publicly likened Terri to a “houseplant” and has used Terri’s case on national television to promote his newly published book.
MYTH: Michael Schiavo volunteered to donate the balance of the inheritance to charity.
FACT: In October, 1998, Schiavo’s attorney proposed that, if Terri’s parents would agree to her death by starvation, Schiavo would donate his inheritance to charity. The proposal came after a court-appointed Guardian Ad Litem cited Schiavo’s conflict of interest since he stood to inherit the balance of Terri’s medical fund upon her death. This one and only offer stated “if the proposal is not fully accepted within 10 days, it shall automatically be withdrawn”. Naturally, Terri’s parents immediately rejected the offer.
MYTH: Terri's Medical Trust fund has been used to care for her.
FACT: The following expenditures have been paid directly from Terri's Medical Trust fund, with the approval of Judge George Greer:
Summary of expenses paid from Terri’s 1.2 Million Dollar medical trust fund (jury awarded 1992)
NOTE: In his November 1993 Petition Schiavo alleges the 1993 guardianship asset balance as $761,507.50
Atty Gwyneth Stanley
Atty Deborah Bushnell
Atty Steve Nilson
Atty Pacarek
Atty Richard Pearse (GAL)
Atty George Felos
$10,668.05
$65,607.00
$7,404.95
$1,500.00
$4,511.95
$397,249.99
Other
1st Union/South Trust Bank
$55,459.85
Michael Schiavo
$10,929.95
Total $545,852.34
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01-30-2005, 06:40 PM
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#48 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene
For those wondering why withold food and water when dying, I have information from my Nursing book as to why this is done:
"Contrary to earlier teaching, hydration is no longer advised when a terminally ill client facing imminent death is dehydrated. Although many nurses have been taught that dehydration causes suffering and that skilled care requires hydration, it is necessary to readjust this thinking. Research has shown that terminally ill clients in end-stage dehydration experience less discomfort than clients recieving medical hydration at that stage. Hydration needlessly extends the dying process. Witholding artificial hydration and nutrition from an individual in an irreversable coma (for example) does not bring on a destructive state but rather permits an already existing fatal condition to take its natural course. When death is imminent, the moral responsibility to prolong life is outweighed by not unnecessarily burdening the dying process".
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01-31-2005, 12:22 AM
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#49 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene
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Research has shown that terminally ill clients in end-stage dehydration experience less discomfort than clients recieving medical hydration at that stage.
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So if we deprive her of moisture then she won't feel the starvation pains as bad.  I'm thinking if we give her food and water then she won't feel it at all. Face it, it is barbaric to starve someone to death even if they are unable to cry for help.
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01-31-2005, 12:38 AM
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#50 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene
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Originally Posted by Donnagg123
For those wondering why withold food and water when dying, I have information from my Nursing book as to why this is done:
"Contrary to earlier teaching, hydration is no longer advised when a terminally ill client facing imminent death is dehydrated. .... Witholding artificial hydration and nutrition from an individual in an irreversable coma (for example) does not bring on a destructive state but rather permits an already existing fatal condition to take its natural course. When death is imminent, the moral responsibility to prolong life is outweighed by not unnecessarily burdening the dying process".
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Terri doesn't seem to be in an irrevesable coma - so this critieria would not apply.
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Originally Posted by ntgsmommy
MYTH: Terri is PVS (Persistent vegetative state)
FACT: The definition of PVS in Florida Statue 765.101:
Persistent vegetative state means a permanent and irreversible condition of unconsciousness in which there is:
(a) The absence of voluntary action or cognitive behavior of ANY kind.
(b) An inability to communicate or interact purposefully with the environment.
Terri's behavior does not meet the medical or statutory definition of persistent vegetative state. Terri responds to stimuli, tries to communicate verbally, follows limited commands, laughs or cries in interaction with loved ones, physically distances herself from irritating or painful stimulation and watches loved ones as they move around her. None of these behaviors are simple reflexes and are, instead, voluntary and cognitive. Though Terri has limitations, she does interact purposefully with her environment.
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Originally Posted by ntgsmommy
Terri Schiavo Is Very Much Alive And Responsive
1-6-5
PINELLAS PARK, Fl (Christian Wire Service) -- Terri Schiavo is very much alive and responsive. That is what lawyers for Robert and Mary Schindler saw when they visited Terri Schiavo in her room at the Woodside Hospice in Pinellas Park, FL, on Christmas Eve.
Attorney David Gibbs III and Attorney Barbara Weller, of Gibbs Law Firm in Seminole, FL, took on the role of lead counsel for the Schindlers in September of 2004. The Christmas Eve visit was the first time either of the attorneys had been able to see Terri since taking the case. They made the visit with Terri's parents, Bob and Mary Schindler, and members of her immediate family.
Counsel was able to personally verify the fact that Terri is not in a coma or even in a comatose state. She was purposefully interactive, curious and expressive with her parents during the entire 45-minute visit. Mrs. Weller wrote a moving narrative describing in detail her reactions and observations during this visit. (Mrs. Weller's narrative is available online at http://www.terrisfight.org/press/BJWnarrative.html.)
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02-17-2005, 12:02 AM
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#51 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene
Judge Won't Reconsider Schiavo Ruling
TAMPA, Fla. (AP) - A judge in a contentious right-to-die battle has refused to reconsider his ruling allowing a man to remove the feeding tube keeping his brain-damaged wife alive.
Circuit Court Judge George Greer rejected arguments by Terri Schiavo's parents that their daughter's due process rights were violated because she never had her own attorney.
Schiavo's parents, Bob and Mary Schindler, have waged a long fight in several courts to prevent their daughter's husband, Michael, from removing the feeding tube.
Friday's decision could pave the way for the tube to be removed in the coming weeks. A stay preventing the removal is to be lifted Feb. 22, according to Michael Schiavo's lawyer.
Terri Schiavo, 41, suffered severe brain damage 15 years ago and some doctors have ruled she is in a persistent vegetative state; others believe she does have some mental abilities.
David Gibbs, the attorney representing the Schindlers, did not immediately return a request for comment.
02/12/05 06:40
http://channels.netscape.com/ns/news...0031014NYET254
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02-17-2005, 12:08 AM
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#52 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene
Save Terri Schiavo
By Terence P. Jeffrey
Gov. Jeb Bush and the Florida Legislature may not know it, but they acted in the spirit of Sir Philip Sidney when they tried to save the life of Terri Schiavo. When Sidney, a young warrior and poet in the court of Queen Elizabeth I, was mortally wounded in battle, legend has it he passed up a drink of water in deference to a common soldier who lay nearby in the throes of death. "Thy need is greater than mine," Sidney told the dying man.
After his own lingering death, Sidney's body was brought back to England, where he was given a state funeral and held up by his countrymen as a model of virtue to be emulated by all.
Today, Terri's husband, Michael Schiavo, is trying to take an action that would reverse Sidney's. Rather than provide water to a stranger about to die, he wants to deny water to his own wife who persists in living. Since 1998, contrary to the wishes of Terri's parents, Robert and Mary Schindler, Mr. Schiavo has been seeking to remove the nutrition-and-hydration tube that sustains Terri, who became mentally incapacitated 15 years ago when her heart temporarily stopped beating.
On Sept. 17, 2003, a Florida court authorized Mr. Schiavo to remove his wife's tube. On Oct. 15, 2003, the tube was removed and Terri began a slow death by dehydration. Six days later, Gov. Bush signed a law enacted by the Florida Legislature allowing him to issue a one-time stay of the court order that authorized removal of Terri's nutrition-and-hydration tube. Mr. Bush ordered the tube restored, and Terri is alive today.
This week, however, the U.S. Supreme Court refused to accept Mr. Bush's appeal of a Florida Supreme Court decision that overturned what became known as Terri's Law. Other litigation in the case will continue, but so far the courts have consistently sided with starving and dehydrating Terri Schiavo.
The courts, however, are wrong. And the Florida Legislature should not stop fighting them.
The disputants in Terri Schiavo's case disagree on her condition and prognosis. As noted in the petition Gov. Bush made to the Supreme Court, some say "Terri Schiavo is not actually in a persistent vegetative state because she is able to interact with her visitors and caregivers." But the key point is not disputed: Terri is unlikely to die soon unless deprived of food and water. Indeed, the purpose of depriving her of food and water is to kill her.
This is not about withholding desperate and disproportionate medical treatment from a patient destined to die of a terminal illness. Ironically, if Terri were sure to die of disease tomorrow, the purpose of denying her water today would disappear.
At its core, this case is about whether one person can make a judgment that another person's "quality" of life justifies taking that other person's life. What is at stake for society here was explained in a brief presented to the Supreme Court by the Catholic Medical Association (Terri Schiavo is a Catholic), which cited a letter published last March by Pope John Paul II saying it is wrong to withhold food and water even from someone believed to be in a persistent vegetative state. "However, it is not enough to reaffirm the general principle according to which the value of a man's life cannot be made subordinate to any judgment of its quality expressed by other men," the pope said. "It is necessary to promote the taking of positive actions as a stand against pressures to withdraw hydration and nutrition as a way to put an end to the lives of these patients."
The principle the pope defends is not new. It is the same principle President Bush defended when he addressed the March for Life via phone on Monday. "We know that in a culture that does not protect the most dependent," Mr. Bush said, "the handicapped, the elderly, the unloved or simply inconvenient become increasingly vulnerable."
And it is the same principle Sir Philip Sidney acted on when he sent his drink of water to a dying soldier. All human life is sacred because God made it so, and no man can change that.
Florida's Legislature should not surrender this principle to the courts. Inspired by Terri Schiavo, it should enact a new law. This time, it should simply say: You may not kill a person through starvation or dehydration.
http://www.washtimes.com/commentary/...3216-2151r.htm
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02-17-2005, 12:47 PM
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#53 (permalink)
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On the other side of the spectrum ...
Mom wins order to keep infant on life support
Appeals court keeps infant on life support
Thursday, February 17, 2005 Posted: 9:32 AM EST (1432 GMT)
HOUSTON, Texas (AP) -- A mother fighting to keep a hospital from removing her infant son from the ventilator that has kept him alive since birth has won another temporary restraining order.
The 1st Court of Appeals reinstated the order keeping 4-month-old Sun Hudson on life support Wednesday, just hours after a probate court judge lifted the order. A hearing was set for Tuesday.
The dispute centers on the legal standard over hospital care in Texas. Under state law, a hospital must continue care if there is a reasonable probability that another hospital will admit the patient.
Texas Children's Hospital officials have said no treatment can save Sun, and they want to remove him from life support. Hospital lawyers said state officials have contacted almost 40 facilities and none have been willing to care for the infant. But the boy's mother, Wanda Hudson, believes her son will recover. Her attorney argued there is a reasonable chance another hospital would take the child.
Sun suffers from thanatophoric dysplasia, a genetic condition characterized by extremely short limbs, a narrow chest, small ribs and underdeveloped lungs. Infants usually are stillborn or die shortly after birth from respiratory failure. There have been rare documented cases of survivors, however. "He is slowly suffocating to death because his lungs lack the capability to support his body," the hospital said.
Hudson hasn't seen her son in more than a month, but says she believes she communicates with him telepathically. "Sun is going to live forever," she said. "As long as the Sun is in the sky he will live. I don't believe in death."
http://www.cnn.com/2005/LAW/02/17/li....ap/index.html
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 (How very sad ... )
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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 ?
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02-19-2005, 12:41 AM
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#54 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene
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Last edited by CatrinaF25; 07-02-2007 at 04:18 AM.
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02-19-2005, 12:59 AM
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#55 (permalink)
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Re: Appeals court: Terri Schiavo parents cannot intervene
Catrina - again, to clarify, I was not comparing a generic person in a coma to a generic child with autism. I was comparing the case of Terri to my niece Angel. My fear is that this case could set legal precedence in which the person to inheirit an estate is able to euthanis a person based on "Quality of Life". It is a very slippery slope.
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