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Schiavo experienced ] and collapsed in her home in early ], incurring massive brain damage; she remained in a coma for ten weeks. Within three years, she was diagnosed to be in a ] (PVS) with little chance of recovery. Schiavo experienced ] and collapsed in her home in early ], incurring massive brain damage; she remained in a coma for ten weeks. Within three years, she was diagnosed to be in a ] (PVS) with little chance of recovery.


Beginning in ] Schiavo’s husband ] and her parents Robert and Mary Schindler fought a series of court battles centering on Michael’s desire to remove the gastric ] keeping Schiavo alive. By March ], the legal history around the Schiavo case included fourteen appeals and innumerable motions, petitions, and hearings in the Florida courts; five suits in Federal District Court; Florida legislation (]) struck down by the Florida Supreme Court; a subpoena by a congressional committee in an attempt to qualify Schiavo for "witness protection"; federal legislation (]); and four denials from the ], among others. {{ref|ACLU.OppositionToInjunctionBrief}} <!--Page 9 of 54 of Court Brief, top of page--> Beginning in ] Schiavo’s husband ] and her parents Robert and Mary Schindler fought a series of court battles centering on Michael’s desire to remove the gastric ] keeping Schiavo alive. By March ], the legal history around the Schiavo case included fourteen appeals and innumerable motions, petitions, and hearings in the Florida courts; five suits in Federal District Court; Florida legislation (]) struck down by the Florida Supreme Court; a subpoena by a congressional committee in an attempt to qualify Schiavo for "witness protection"; federal legislation (]); and four denials from the ], among others.{{ref|ACLU.OppositionToInjunctionBrief}}<!--Top of Pg 9 of 54-->


Schiavo's feeding tube was removed a third and final time on ], ]. She died on ], ]. Schiavo's feeding tube was removed a third and final time on ], ]. She died on ], ].


==Early life== ==Early life==
Schiavo grew up in the Huntingdon Valley area of ], a suburb of ], as the eldest of three children of Robert and Mary Schindler. Her younger siblings are Robert Jr. (Bobby) and Suzanne. Schiavo grew up in the Huntingdon Valley area of ], a suburb of ], as the eldest of three children of Robert and Mary Schindler. Her younger siblings are Robert Jr. (Bobby) and Suzanne Vitadamo.


By her senior year in ], Schiavo was ], with a height of 5 feet, 3 inches (160 cm) and a weight of around 200 pounds (91 kg). She went on a NutriSystem ] and lost about 55 pounds (25 kg). {{ref|Newsweek}} She may have developed an ] around this time in order to cope with her perceived weight problem. {{ref|jhunewsletter}} In ], she graduated from Archbishop Wood High School, a private ] in nearby ]. By her senior year in ], Schiavo was ], with a height of 5 feet, 3 inches (160 cm) and a weight of around 200 pounds (91 kg). She went on a NutriSystem ] and lost about 55 pounds (25 kg).{{ref|Newsweek}} She may have developed an ] around this time in order to cope with her perceived weight problem.{{ref|jhunewsletter}} In ], she graduated from Archbishop Wood High School, a private ] in nearby ].


She met Michael Schiavo in ] in a ] class at ] in ], ], where they were both students. He was her first boyfriend. After dating for five months, the couple became engaged. They were married on ], ], at Our Lady of Good Counsel Church in ]. They moved to St. Petersburg, Florida, in April ]. Schiavo's parents also moved to St. Petersburg three months later. In Florida, she worked as an insurance claims clerk for the ] ], and her husband was a restaurant manager. Schiavo's friends began to have suspicions about her eating habits. After meals out, she would immediately excuse herself to go to the bathroom. Michael Schiavo was aware of her unusual eating patterns, but did not realize their potential danger. {{ref|MiamiHerald}} She met Michael Schiavo in ] in a ] class at ] in ], ], where they were both students. He was her first boyfriend. After dating for five months, the couple became engaged. They were married on ], ], at Our Lady of Good Counsel Church in ]. They moved to St. Petersburg, Florida, in April ]. Schiavo's parents also moved to St. Petersburg three months later. In Florida, she worked as an insurance claims clerk for the ] ], and her husband was a restaurant manager. Schiavo's friends began to have suspicions about her eating habits. After meals out, she would immediately excuse herself to go to the bathroom. Michael Schiavo was aware of her unusual eating patterns, but did not realize their potential danger.{{ref|MiamiHerald}}


In ], the Schiavos began visiting an ] and receiving ] services and counseling in the hopes of having a child. At this time her weight had dropped to 120 pounds, and she had stopped ]. However, the physician who examined her did not take a complete ], which might have indicated an eating disorder. In ], the Schiavos began visiting an ] and receiving ] services and counseling in the hopes of having a child. At this time her weight had dropped to 120 pounds, and she had stopped ]. However, the physician who examined her did not take a complete ], which might have indicated an eating disorder.
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Schiavo came home to her family in September; however, after becoming overwhelmed with her needs, the family sent her back to the College Park facility. In November, Mr. Schiavo took his wife to the ] for an experimental procedure involving the placement of a ] implant in her brain. The experimental treatment took several months but was unsuccessful. Mr. Schiavo returned to Florida with her in January ] and admitted his wife to the Mediplex Rehabilitation Center (specializing in brain injuries) in ], ], often "taking her to parks and public places in hopes of sparking some recovery." There she received 24-hour care. On ] ], Schiavo was transferred to the Sable Palms Skilled Care Facility, where she received neurological testing and regular ] and ] until ]. Schiavo came home to her family in September; however, after becoming overwhelmed with her needs, the family sent her back to the College Park facility. In November, Mr. Schiavo took his wife to the ] for an experimental procedure involving the placement of a ] implant in her brain. The experimental treatment took several months but was unsuccessful. Mr. Schiavo returned to Florida with her in January ] and admitted his wife to the Mediplex Rehabilitation Center (specializing in brain injuries) in ], ], often "taking her to parks and public places in hopes of sparking some recovery." There she received 24-hour care. On ] ], Schiavo was transferred to the Sable Palms Skilled Care Facility, where she received neurological testing and regular ] and ] until ].


On emerging from coma some two and a half months after her cardiac arrest, Schiavo entered an unusual state of altered consciousness. She regained a ], but never exhibited repeatable and consistent awareness of herself or environment. This peculiar state is a recognized consequence of coma following acute brain injury, and was diagnosed by the physicians taking care of Schiavo as a ] (PVS). Dr. Garcia J. Desousa, a board-certified neurologist in St. Petersburg, Florida, cared for Schiavo during her initial admission to hospital; both he and Dr. Victor Gambone, an internist and Schiavo family physician, independently made the diagnosis within approximately one year after Schiavo's cardiac arrest. Other neurologists&mdash;Drs. Jeffery M. Karp, James H. Barnhill, and Thomas H. Harrison&mdash;also examined Schiavo over the years and made the same diagnosis; they also shared a very poor opinion about her chances for recovery. <!--Names from Dr. Ronald Cranford's analysis of the case, "Facts, Lies, & Videotapes: The Permanent Vegetative State and the Sad Case of Terri Schiavo."--> On emerging from coma some two and a half months after her cardiac arrest, Schiavo entered an unusual state of altered consciousness. She regained a ], but never exhibited repeatable and consistent awareness of herself or environment. This peculiar state is a recognized consequence of coma following acute brain injury, and was diagnosed by the physicians taking care of Schiavo as a ] (PVS). Dr. Garcia J. Desousa, a board-certified neurologist in St. Petersburg, Florida, cared for Schiavo during her initial admission to hospital; both he and Dr. Victor Gambone, an internist and Schiavo family physician, independently made the diagnosis within approximately one year after Schiavo's cardiac arrest. Other neurologists&mdash;Drs. Jeffery M. Karp, James H. Barnhill, and Thomas H. Harrison&mdash;also examined Schiavo over the years and made the same diagnosis; they also shared a very poor opinion about her chances for recovery.<!--Names from Dr. Ronald Cranford's analysis of the case, "Facts, Lies, & Videotapes: The Permanent Vegetative State and the Sad Case of Terri Schiavo."-->


No dissent regarding Schiavo's condition or the PVS diagnosis was raised by any parties at this point. No dissent regarding Schiavo's condition or the PVS diagnosis was raised by any parties at this point.


From 1990 to 1993, Mr. Schiavo and the Schindlers enjoyed an amicable relationship. {{ref|TerrisLawRuling}} <!--(Page 3 of 30 of Court Ruling)--> The Schindlers even allowed Mr. Schiavo to live rent free in their condominium for several months. During this time, the Schindlers actively encouraged Mr. Schiavo to "get on with his life." He was encouraged by the Schindlers to date, and he introduced his in-law family to women he was dating. {{ref|WolfsonReport}} <!--Quoting from page 11 of 38 of Wolfson Report--> On ], ], the court appointed Michael Schiavo as his wife's legal guardian; this appointment was not disputed by the Schindlers at the time. <!--Page 8 of Wolfson Report--> From 1990 to 1993, Mr. Schiavo and the Schindlers enjoyed an amicable relationship.{{ref|TerrisLawRuling}}<!--Pg 3 of 30--> The Schindlers even allowed Mr. Schiavo to live rent free in their condominium for several months. During this time, the Schindlers actively encouraged Mr. Schiavo to "get on with his life." He was encouraged by the Schindlers to date, and he introduced his in-law family to women he was dating.{{ref|WolfsonReport}}<!--Pg 11 of 38--> On ], ], the court appointed Michael Schiavo as his wife's legal guardian; this appointment was not disputed by the Schindlers at the time.<!--Pg 8-->


In ], Mr. Schiavo, on behalf of his wife and himself, brought a ] lawsuit against G. Stephen Igel, the ] who had been treating Schiavo for ], claiming that his failure to test for an eating disorder had led to her current condition. At the conclusion of the trial, the jury found for the Schiavos and awarded Mrs. Schiavo $1,600,000 in damages and Mr. Schiavo $600,000 for ]. While on appeal, the case was settled (May 1992) for $700,000 and $300,000, respectively. {{ref|trialctorder02-00.pdf}} The court placed Mrs. Schiavo's award in a ], which was controlled by a third party and covered her medical and legal expenses. In ], Mr. Schiavo, on behalf of his wife and himself, brought a ] lawsuit against G. Stephen Igel, the ] who had been treating Schiavo for ], claiming that his failure to test for an eating disorder had led to her current condition. At the conclusion of the trial, the jury found for the Schiavos and awarded Mrs. Schiavo $1,600,000 in damages and Mr. Schiavo $600,000 for ]. While on appeal, the case was settled (May 1992) for $700,000 and $300,000, respectively.{{ref|trialctorder02-00.pdf}} The court placed Mrs. Schiavo's award in a ], which was controlled by a third party and covered her medical and legal expenses.


During the malpractice trial, Michael testified that he began studying ] at St. Petersburg College around 1991. When asked why, he explained: During the malpractice trial, Michael testified that he began studying ] at St. Petersburg College around 1991. When asked why, he explained:


:''"Because I enjoy it and I want to learn more how to take care of Terri.... I see myself hopefully finishing school and taking care of my wife. ... I want to bring my wife home. ... I married my wife because I love her and I want to spend the rest of my life with her. I'm going to do that."'' {{ref|MalpracticeTranscript}} :''"Because I enjoy it and I want to learn more how to take care of Terri.... I see myself hopefully finishing school and taking care of my wife. ... I want to bring my wife home. ... I married my wife because I love her and I want to spend the rest of my life with her. I'm going to do that."''{{ref|MalpracticeTranscript}}


Eventually, he became a ] and ] ]. Eventually, he became a ] and ] ].


==Notable court cases in the Terri Schiavo saga==
==Guardianship challenged==
{{Main|Selected court cases in the Terri Schiavo case}}
On ], ], Mr. Schiavo and the Schindlers had a falling-out; Mr. Schiavo claimed the argument arose due to his refusal to share the settlement money with the Schindlers. The Schindlers claim that he failed to honor commitments he had previously made to seek aggressive treatments for his wife's condition. {{ref|PearseReport}} <!--(Quote is on page 4 of 14, Pearse report)--> The amicable relationship ended, and Mr. Schiavo and the Schindlers literally stopped speaking to each other. <!--(Page 3 of 30 of Court Ruling)-->{{ref|TerrisLawRuling2}} Mr. Schiavo placed limits on how much time the Schindlers could spend with their daughter.


The Terri Schiavo saga was one of the most well-known court litigation in recent history and has had a lasting impact on the culture of legal, medical, and news media cultures. In addition to having been among the most well known, it was also litigated for many years, in both state and federal court, including litigation of the "Terri's Law" passed by the ] legislature and the federal "Terri's Law," giving jurisdiction to the federal courts to perform ''de novo'' review of the case.
The Schindlers accused Michael of going back on his word that he wanted to "spend the rest of his life with Terri" once he decided to withdraw life support. Michael said he "essentially gave up hope that would recover about four years after the accident." <!--Page 5 of the Pearse report.-->


There were many participants, which included, primarily, Terri Schiavo herself, her husband, her immediate family, various ''],'' and the court system itself.
In his decision in the 2000 trial to determine Terri's wishes, Republican Judge ] wrote, "t has been suggested that Michael Schiavo has not acted in good faith by waiting eight plus years to file the Petition which is under consideration. That assertion hardly seems worthy of comment other than to say that he should not be faulted for having done what those opposed to him want to be continued." {{ref|trialctorder02-00.pdf.2}} <!--(Page 4 of 10 of Judge Greer's Order, 2nd Paragraph)--> Judge Greer also noted in this decision that, "the unrebutted evidence remains that Terri Schiavo remains in a persistent vegetative state." <!--(Page 7 of 10 of this order, 1st Paragraph)-->


Among the landmark court decisions, those later known as "Schiavo I" through "Schiavo IV" stand out in defining case law standards and legal opinion. Many things were litigated, including, but not limited to, what Terri's wishes were, her chances for improvement or recovery, what medical treatment to give her, and who was most qualified to represent her as guardian.
In July 1993, the Schindlers began their first challenge to Mr. Schiavo's guardianship, and attempted to remove him as legal guardian. As part of the first challenge to Michael’s guardianship, the court appointed John H. Pecarek as ] to determine if there had been any abuse by Michael Schiavo. His report, issued ], ], found no inappropriate actions and indicated that Michael had been very attentive to Theresa. After two more years of legal contention, the Schindlers' action against Michael was dismissed with prejudice. {{ref|WolfsonReport.2}} <!--(Page 11 of 38, 2nd Paragraph)--> Proceedings concluded that there was no basis for the removal of Michael as guardian. Further, it was determined that he had been very aggressive and attentive in his care of Theresa. His demanding concern for her well being and meticulous care by the nursing home earned him the characterization by the administrator as "a nursing home administrator’s nightmare". <!--(Page 10 of 38 of this Report, cited above, 2nd Paragraph)--> Michael remained his wife's guardian. Efforts to remove him were attempted in subsequent years, but without success. <!--(Page 11, 2nd Par.)-->

=="Do-not-resuscitate" order==
In March ], after more than three years of trying both established and experimental therapies, Mr. Schiavo, according to guardian ad litem Wolfson, came to terms with his doctors' diagnosis of an irreversible persistent vegetative state, and transferred his wife to a ] nursing home. In consultation with his wife's physician, he halted most therapy for his wife and entered a "do-not-resuscitate" (DNR) order, which he later rescinded after the Schindlers and the nursing home protested. Jay Wolfson (Schiavo's third guardian ad litem) later wrote in his report {{ref|WolfsonReport.3}} (Page 10, 4th Paragraph) that:
:''In early 1994 Theresa contracted a ] and Michael, in consultation with Theresa's treating physician, elected not to treat the infection and simultaneously imposed a "do not resuscitate" order should Theresa experience cardiac arrest. When the nursing facility initiated an intervention to challenge this decision, Michael canceled the orders. Following the incident involving the infection, Theresa was transferred to another skilled nursing facility.''

:''Michael's decision not to treat was based upon discussions and consultation with Theresa's doctor, and was predicated on his reasoned belief that there was no longer any hope for Theresa's recovery. It had taken Michael more than three years to accommodate this reality and he was beginning to accept the idea of allowing Theresa to die naturally rather than remain in the noncognitive, vegetative state.''

==Petition to remove feeding tube==
In May 1998, Mr. Schiavo filed a petition to remove Schiavo's feeding tube, {{ref|PearseReport.2}} which her parents opposed. Richard Pearse was appointed by the court as a second guardian ad litem, and on ], ], reported "Dr. Karp's opinion of the ward's condition and prognosis is substantially shared among those physicians who have recently been involved in her treatment." Pearse concluded from Karp's and Dr. Vincent Gambone's diagnosis of PVS {{ref|PearseReport.3}} <!--(Page 2 of 14 of his report)--> that Schiavo was legally in a persistent vegetative state as defined by , {{ref|FloridaStats}} Title XLIV, Chapter 765, &sect; 101(12): {{ref|765.101}}
:''(12) "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.''
Pearse found that there was no possibility of improvement but that Mr. Schiavo's decisions might have been influenced by the potential to inherit what remained of Schiavo's estate. Due to a lack of a ] and questions regarding Mr. Schiavo's credibility, Pearse recommended denying his petition to remove her feeding tube.

The issue of conflict of interest raised by guardian ad litem Pearse attached to the Schindlers as well, he reported, since, had they prevailed in the various litigation over guardianship, they as the presumed heirs-at-law would have inherited the remainder of Mrs. Schiavo's estate upon her death. {{ref|PearseReport.3}} <!--(Pages 8 & 9 of this 14-page Report)-->

==Schiavo's end-of-life wishes &ndash; ''Schiavo I''==
Schiavo did not have a living will; therefore a trial was held during the week of ] ] to determine what her wishes would have been regarding life-prolonging procedures. Arguments from both sides of the issue were heard, with testimony from eighteen witnesses regarding her medical condition and her end of life wishes. Michael claimed that Schiavo would not want to be kept on a machine with no hope for recovery. Her parents claimed that Schiavo was a devout ] who would not wish to violate the Church's teachings on ] by ]. Judge Greer issued his order granting Mr. Schiavo&#8217;s petition for authorization to discontinue artificial life support for his wife in February 2000. In this decision, the court found that Schiavo was in a persistent vegetative state and that she had made reliable oral declarations that she would have wanted the feeding tube removed. {{ref|trialctorder02-00.pdf.3}} <!--(Pages 9 & 10 of this 10-page order)--> This decision was upheld by the ] {{ref|SchiavoI}} (or "2nd DCA") and came to be known by the court as ''Schiavo I'' in its later rulings.

==Oral feeding and the Second Guardianship Challenge==
]

Oral feeding is not considered a life prolonging procedure, and on or about ], ], the Schindlers filed a motion to permit oral feeding of Schiavo. Since clinical records indicated that Schiavo was not responsive to swallowing tests and required a feeding tube, {{ref|WolfsonReport.4}} <!--(Page 8, Last Paragraph of this 38-page Report)--> Judge Greer ruled that insufficient nutrition and hydration could be ingested orally to sustain Schiavo and denied the request. {{ref|trialctorder0300.pdf}} <!--(Pages 2-3 of this 3-page Order)--> The Medical Examiner in his report was more definitive and concluded that Schiavo could not have swallowed and thus could not have received sufficient nutrition or hydration by mouth to sustain life. {{ref|autopsy}} <!--(Page 34, Point "3" of this 39-page Report)-->

In 2000, the Schindlers again challenged Michael's guardianship. Their new evidence ostensibly reflected adversely on Michael Schiavo’s role as guardian, citing "that he had relationships with other women, that he had allegedly failed to provide appropriate (palliative {{ref|LibertyLink.AndersonMotion}} bullet 17) care and treatment for Theresa, that he was wasting the assets within the guardianship account (according to the Schindlers, by transferring Schiavo to ], ] ] "after it was clear that she was not “terminal” within Medicare guidelines" for hospices. {{ref|MiamiU}} bullet 31), and that he was no longer competent to represent Theresa’s best interests." {{ref|WolfsonReport.5}} <!--(2nd Paragraph, Page 14 of the 38-page Report of Dr. Jay Wolfson)--> By this time, while still legally married to Terri, Michael was in a relationship with Jodi Centonze, with whom he had fathered two children. Michael denied wrongdoing in this matter, stating that the Schindlers had actively encouraged him to "get on with his life" and date since ]. Michael said he chose not to divorce his wife and relinquish guardianship because he wanted to ensure her final wishes (to not be kept alive in a PVS) were carried out.

The court denied the motion to remove the guardian, allowing that the evidence was not sufficient and in some instances, not relevant. It set ], ] as the date on which the tube was to be removed. <!--(Page 14 of this same Report, bottom of the page)-->

==Three appeals &ndash; ''Schiavo II''==

In April, 2001, the Schindlers filed a motion for relief from judgment citing new evidence of their daughter's wishes. Judge Greer denied the motion as untimely under Rule 1.540(b)(5) of the Florida Rules of Civil Procedure. {{ref|Fla.R.Civ.P.}} (Page 65 of this 146-page document) The 2nd DCA upheld Greer's decision but remanded the issue in order to give the Schindlers an opportunity to file a new motion. At about the same time, the Schindlers filed an action against Michael, which was assigned to another court. The judge, Frank Quesada, issued an injunction against removal of feeding tube. On appeal by Michael, the 2nd DCA reversed Judge Quesada's order. Also in the same time frame, Michael filed a motion to enforce mandate of the guardianship court (that the feeding tube be removed). The 2nd DCA denied the motion. (These three decisions, all published in a single order by Florida's Second District Court of Appeal {{ref|SchiavoII}}, came to be known by the court as ''Schiavo II'' in its later rulings.)

==Challenging the PVS diagnosis &ndash; ''Schiavo III''==
After the failure of challenges to Michael's guardianship and to the ruling on Schiavo's end-of-life wishes, the Schindlers adopted the position that Schiavo was not in a PVS and began to challenge that diagnosis in court.

Schiavo's parents claim that their daughter did not meet the definition of a persistent vegetative state, and was in a "minimally conscious state" instead. Her parents argue that at times her actions were indicative of responses to external stimuli, not reflex or instinctive behavior. For example, the Schindlers claim that their daughter smiled, laughed, cried, moved, made childlike attempts at speech, and attempted to say "Mom" or "Dad"; or "yeah" when they asked her a question. They claim that when they kissed her she looked at them and sometimes puckered her lips.

On ] ], on remand from the 2nd DCA, Judge Greer heard a motion from the Schindlers claiming that new medical treatment could restore sufficient cognitive ability that Schiavo herself would decide to continue life-prolonging measures. The court also heard motions from the Schindlers to remove the guardian (Michael) and to require Judge Greer to recuse himself. Judge Greer denied the motions and the Schindlers appealed to the 2nd DCA.

On ], the Court of Appeal affirmed the denials of the motions to remove and recuse. The Court of Appeals acknowledged that their opinion misled the trial court, and they remanded the question of Schiavo's wishes back to the trial court and required an evidentiary hearing to be held. The court specified that five board certified neurologists were to testify, and said, ''...the Schindlers may choose two doctors to participate in discovery and present their opinions at evidentiary hearing. In addition, to control the scope of this hearing and to prevent the proverbial "war of experts," Mr. Schiavo may introduce in rebuttal the testimony of two doctors of his choosing. ...we further conclude that the trial court should appoint a new independent physician to examine and evaluate Mrs. Schiavo's current condition. ...In the event that counsel are unable to stipulate to the selection of a new physician for the purposes of this independent examination, the trial court shall make the selection.'' (These decisions, all published in a single order by the Florida Second District Court of Appeal, {{ref|SchiavoIII}} <!--(Direct quote from page 12 of this 14-page Order)--> came to be known by the court as ''Schiavo III'' in its later rulings.)

==PVS diagnosis ruling &ndash; ''Schiavo IV''==
In October ], on ] by the Second District Court of Appeal, an evidentiary hearing was held in Judge Greer's court to determine whether new therapy treatments could help Schiavo restore any cognitive function. In preparation for the trial, a new ] scan (CAT scan) was performed, which showed severe ]. An ] showed no measurable brain activity. The court viewed a six-hour tape of Schiavo and concluded that her vegetative condition was factual and not subject to legal dispute.

In accordance with the 2nd DCA's instructions, five doctors were selected to provide their expert ] to the trial: two by Schiavo's parents, two by Mr. Schiavo, and one to have been selected by mutual agreement of the parties:
*The Schindler family selected Dr. William Maxfield (their family doctor, who was a radiologist) and Dr. ] (a neurologist).
*Michael Schiavo selected Dr. Ronald Cranford and Dr. Melvin Greer (both neurologists).
*The parties having failed to agree, the court selected Dr. Peter Bambakidis (a neurologist).

These five doctors examined Schiavo's medical records, brain scans, the videos, and Schiavo herself. Drs. Cranford, Greer, and Bambakidis testified to their conclusion that Schiavo was in a persistent vegetative state. Drs. Maxfield and Hammesfahr testified to their conclusion that she was in a minimally conscious state.

] or ]ive actions.]]

As part of the court ordered medical exam, six hours of video of Schiavo were taped and filed at the Pinellas County courthouse. The tape included Schiavo with her mother and neurologist William Hammesfahr. The entire tape was viewed by Judge Greer, who wrote, Schiavo "clearly does not consistently respond to her mother". From that six hours of video, the Schindlers and their supporters produced six clips totaling almost six minutes and released those clips to public websites. {{ref|VideoArticle}}

Judge Greer ruled that Schiavo was in a PVS, and was beyond hope of significant improvement. The trial court order was particularly critical of Hammesfahr's testimony which claimed positive results in similar cases by use of vasodilation therapy, the success of which is unsupported in the medical literature. {{ref|1stFeedingTubeRemovalOrder}} This ruling was later affirmed by Florida's 2nd District Court of Appeal, which stated that "this court has closely examined all of the evidence in the record," and "we have...carefully observ the video tapes in their entirety." <!--(Page 9 of this 14-page Order)--> The court concluded <!--(page 10)--> that "...if we were called upon to review the guardianship court's decision ''de novo,'' we would still affirm it." (This decision by the 2nd DCA {{ref|SchiavoIV}} came to be known as ''Schiavo IV'' in later rulings.)

==2003 petition==
On ], ], the Schindlers petitioned the court to forestall removal of the feeding tube to provide for "eight weeks' therapy." Accompanying the petition were four affidavits from members of the Schindler family and one from Dr. Alexander T. Gimon. At the hearing the Schindlers' counsel read into the record additional affidavits from three speech professionals and two nurses.

One of the nurses, Carla Sauer Iyer claimed in her affidavit that her initial training in 1996 consisted solely of the instruction, "do what Michael Schiavo tells you or you're terminated." She also claimed that Mr. Schiavo said "when is that bitch gonna die?" and that he made many other similar statements. She stated that on five different occasions, she tested Schiavo's blood sugar levels after Mr. Schiavo visited her, and she found that her blood sugar levels were so low it wouldn't even register a number. She stated that it was medically possible that Michael injected his wife with insulin in an attempt to kill her. Iyer stated that standing orders were not to contact the Schindler family, but that she "would call them anyway." Iyer stated that she eventually called the police and was fired the next day.

On ], Judge Greer denied the petition, and wrote that "the Petition is an attempt by Mr. and Mrs. Schindler to relitigate the entire case. It is not even a veiled or disguised attempt. The exhibits relied upon by them clearly demonstrate this to be true."

Regarding Iyer's claims, Greer wrote that they were "incredible to say the least" and that "Ms. Iyer details what amounts to a 15-month cover-up which include the staff of Palm Garden of Largo Convalescent Center, the Guardian of the Person, the guardian ''ad litem'', the medical professionals, the police and, believe it or not, Mr. and Mrs. Schindler...It is impossible to believe that Mr. and Mrs. Schindler would not have subpoenaed Ms. Iyer for the January 2000 evidentiary hearing had Iyer contacted them as her affidavit alleges." (Direct quote from pages 5 & 6 of this 9-page Order) {{ref|GreerOrderReImmediateTherapy}}

==Terri's Law and the Wolfson Report==
On ] ], Schiavo's feeding tube was removed. Six days later, following the passing of "Terri's Law", Florida Governor ] sent armed men to remove Schiavo from the hospice. She was taken to a hospital, where her feeding tube was surgically reinserted. (8th paragraph from the bottom of news story) {{ref|2ndFeedingTubeRemoval.ABC.story}} Part of the legislation required the appointment of a guardian ad litem, Dr. Jay Wolfson, to "deduce and represent the best wishes and best interests"<!--page 2 of 38 of Wolfson's report--> of Schiavo, and report them to Governor Bush.

Wolfson visited Schiavo at least daily over the course of a month. In December, 2003, he submitted his report, referring to himself in the third person as "the GAL". His central finding was: ''"The GAL was not able to independently determine that there were consistent, repetitive, intentional, reproducible interactive and aware activities.''" He notes further, that when joined by her parents no success was gained in eliciting a repetitive or consistent response from Schiavo.<!--page 30 of 38-->

In examining medical records and consultations surrounding the case, Wolfson concludes: "(that there is) well documented information that she is in a persistent vegetative state with no likelihood of improvement, and that the neurological and speech pathology evidence in the file support the contention that she cannot take oral nutrition or hydration and cannot consciously interact with her environment." He observes further that while there appeared to be agreement about Schiavo and PVS: "the Schindlers have adopted what appears to be a position that Theresa is not in a persistent vegetative state, and/or that they do not support the fact that such a medical state exists at all."<!--page 33 of 38-->

Wolfson addresses two criticisms that media attention had affixed to the Schindlers and Michael Schiavo, respectively. That the Schindlers would keep their daughter alive to the point of her "limbs being amputated," is not accurate according to Wolfson. Of suggestions that Michael Schiavo refuses to relinquish his guardianship because of financial interests or to cover up previous abuse, Wolfson observes that "there is no evidence in the record to substantiate any of these perceptions or allegations."<!--page 34 of 38-->

In addressing the issue of law surrounding the case "the GAL concludes that the trier of fact and the evidence that served as the basis for the decisions regarding Theresa Schiavo were firmly grounded within Florida statutory and case law, which clearly and unequivocally provide for the removal of artificial nutrition in cases of persistent vegetative states."<!--page 34 of 38-->

==Oral feeding II==
On ], ], the Schindlers filed a motion for relief from judgement pending medical evaluations{{ref|1.540.MotionForRelief}} The Schindlers wanted Schiavo to be tested with an ] and given a swallowing therapy called VitalStim. The motion was accompanied by thirty-three affidavits from doctors in several specialties, speech pathologists and therapists, and a few neuropsychologists, all urging that new tests be undertaken. {{ref|1.540.Order}} <!--(2nd paragraph of Page 2 of the 6-page Order)--> {{ref|AffidavitStoryMediaMatters}} Even though Pat Anderson, the Schindler family attorney who brought the initial motion being referenced in the judge's order, still held out hope "that Terri might be able to take nourishment orally, despite past findings that she is incapable," {{ref|AndersonComments}} Greer ordered the "removal of nutrition and hydration from the ward" without specifying in this order whether this specifically referred to "oral feeding" or merely denied the use of a feeding tube and formally denied the motion. This lack of clarity in the judge's order prompted Anderson to remind the court that "the withholding of food and water...was ''not'' ordered by the Court but by Michael Schiavo." {{ref|LibertyNewsStory}} In this order, Greer also set a time and date for the removal of the feeding tube: "1:00 p.m. on Friday, March 18, 2005." {{ref|ReliefPendingEvaluationsDenied}} <!--(Page 3 of the 3-page Order)-->

On ], the Schindlers filed a motion, asking for permission to attempt to provide Schiavo with "Food and Water by Natural Means." This second motion asked for permission to "attempt to feed" Schiavo by mouth. {{ref|MotionToFeedNaturally}} <!--(Page 1 of this 4-page Motion)--> Judge Greer denied the second motion on ], saying "it has become clear that the motion is part and parcel of motion on medical evaluations. The same declarations are being used for both motions and the motion appears to be an alternative pleading to the motion. Both are asking for an experimental procedure." {{ref|OrderDenyingFeedingNaturally}} <!--(Direct quote taken from bottom of page 1 & top of page 2 of this 2-page Order)--> The following day, Greer denied the first motion as well, citing that an affiant doctor for Mr. Schiavo cautioned that fMRI was an experimental procedure that should be conducted in an academic setting, because Schiavo had already undergone swallowing tests and failed, and because VitalStim had only been performed on patients who were not in a PVS. Greer noted that "ost of the doctor affidavits submitted are based on their understanding of Schiavo's condition from news reports or video clips they have seen. Many are obviously not aware of the medical exams undertaken for the 2002 trial..." {{ref|1.540.Order.2}} <!--(Page 4 of this 6-page Order)--> No stay was granted by the appellate courts, and on ] ], Schiavo's feeding tube was removed the third and final time.


==Government involvement== ==Government involvement==
{{Main|Government involvement in the Terri Schiavo case}} {{Main|Government involvement in the Terri Schiavo case}}


Both the ] and ] made use of extraordinary measures to support the Schindlers. Earlier, in October of 2003, when the Schindlers' final appeal was exhausted, the ] passed "Terri's Law," {{ref|TerrisLaw}} giving Governor ] the authority to intervene in the case. Bush immediately ordered the feeding tube reinserted. At the same time, Robert and Mary Schindler, Terri's parents attempted to intervene and participate in the "Terri's Law" case but were denied by Judge W. Douglas Baird, a Circuit Judge in the Florida , the same circuit as for Judge Greer. They appealed, and, on ], the ] reversed Baird's ruling, {{ref|AppealsReveral}} allowing them to participate. On ], Baird denied the Schindlers the right to intervene a second time, {{ref|BairdDenies}} and the Schindlers appealed once more, with the court scheduling an ] date for ]. {{ref|CourtDocket}} Both the ] and ] made use of extraordinary measures to support the Schindlers. Earlier, in October of 2003, when the Schindlers' final appeal was exhausted, the ] passed "Terri's Law,"{{ref|TerrisLaw}} giving Governor ] the authority to intervene in the case. Bush immediately ordered the feeding tube reinserted. At the same time, Robert and Mary Schindler, Terri's parents attempted to intervene and participate in the "Terri's Law" case but were denied by Judge W. Douglas Baird, a Circuit Judge in the Florida , the same circuit as for Judge, George W Greer. They appealed, and, on ], the ] (2nd DCA) reversed Baird's ruling,{{ref|AppealsReveral}} allowing them to participate. On ], Baird denied the Schindlers the right to intervene a 2nd time,{{ref|BairdDenies}} and the Schindlers appealed once more, with the court scheduling an ] date for ].{{ref|CourtDocket}}


On ] ], Judge Baird found "Terri's Law" unconstitutional and struck in down.{{ref|TerrisLawRuling.CircuitCourt}} Bush appealed this order to the ], but, on ], the appeals court issued an "Order Relinquishing Case for Entry of Final Judgment and Order to Show Cause Why this Proceeding Should Not be Certified to the Supreme Court As Requiring Immediate Resolution." {{ref|OppositiontoDCA.Brief.WithRuling}} (Pages 6 & 7 of this 7-page Brief) The appeals court, in sending it directly to the Florida's Supreme Court, invoked "pass through" jurisdiction. {{ref|PassThrough}} On ] ], Baird found "Terri's Law" unconstitutional and struck in down.{{ref|TerrisLawRuling.CircuitCourt}} Bush appealed this order to the 2nd DCA, but, on ], they issued an "Order Relinquishing Case for Entry of Final Judgment and Order to Show Cause Why this Proceeding Should Not be Certified to the Supreme Court As Requiring Immediate Resolution."{{ref|OppositiontoDCA.Brief.WithRuling}} (Pgs 6 & 7) The 2nd DCA, in sending it directly to the Florida's Supreme Court, invoked "pass through" jurisdiction.{{ref|PassThrough}}


The Schindlers obtained the legal services of the conservative ] (ACLJ) nonprofit public interest law firm to represent them in their case; and, on ], in an ] hearing not covered by any mainstream news media,{{ref|PhotoSchindlersNonMainstreamMedia}} the Schindlers once again asked the appeals court for the right to participate in the "Terri's Law" case. {{ref|OralArgNewsStory}} The Schindlers' other attorney, Pat Anderson, was concurrently challenging Michael Schiavo's right to be Terri's guardian, and, on ], she made a petition for writ of ], a pleading that asks "by what right" someone acts in an official capacity. {{ref|QuoWarranto}} The ], on ], denied their petition to intervene. {{ref|CourtDocket.2}} Then, on ], the Schindlers again were dealt a setback, when Judge Greer dismissed Anderson's Quo Warranto petition, which he had initially granted ] ]. {{ref|QuoWarrantoDismissal}} The Schindlers obtained the legal services of the conservative ] (ACLJ) nonprofit public interest law firm to represent them in their case; and, on ], in an ] hearing not covered by any mainstream news media,{{ref|PhotoSchindlersNonMainstreamMedia}} the Schindlers once again asked the appeals court for the right to participate in the "Terri's Law" case.{{ref|OralArgNewsStory}} The Schindlers' other attorney, Pat Anderson, was concurrently challenging Michael Schiavo's right to be Terri's guardian, and, on ], she made a petition for writ of ], a pleading that asks "by what right" someone acts in an official capacity.{{ref|QuoWarranto}} On ], the 2nd DCA denied their petition to intervene.{{ref|CourtDocket.2}} Then, on ], the Schindlers again were dealt a setback, when Greer dismissed Anderson's Quo Warranto petition, which he had initially considered ] ].{{ref|QuoWarrantoDismissal}}


The Florida Supreme Court then overturned the law as unconstitutional. {{ref|TerrisLawRuling.FlaSupCt}} However, following Judge Greer's order on ], ] to remove the feeding tube, Republicans in the ] ]ed both Michael and Terri Schiavo to testify at a congressional hearing. {{ref|subpoenas}} It is ] to prevent or discourage congressional witnesses from testifying. {{ref|ContemptStory}} The purpose of the subpoenas was thus to postpone the feeding tube removal. The Florida Supreme Court then overturned the law as unconstitutional.{{ref|TerrisLawRuling.FlaSupCt}} However, following Greer's order on ], ] to remove the feeding tube, Republicans in the ] ]ed both Michael and Terri Schiavo to testify at a congressional hearing.{{ref|subpoenas}} It is ] to prevent or discourage congressional witnesses from testifying.{{ref|ContemptStory}} The purpose of the subpoenas was thus to postpone the feeding tube removal.


Greer opted to ignore the subpoenas, telling congressional attorneys over a conference call that, "I have had no cogent reason why the (congressional) committee should intervene." He also stated that last-minute action by Congress does not invalidate years of court rulings. {{ref|NewsStoryGreerIgnoredSubpoenas}} {{ref|NewsStoryGreerIgnoredSubpoenas.2}} Although Senate Majority Leader ], Senator ], and Representative ], brought the possibility of sanctioning Greer on charges of ], Congress did not attempt to enforce the subpoenas or take any action against Greer. Greer opted to ignore the subpoenas, telling congressional attorneys over a conference call that, "I have had no cogent reason why the (congressional) committee should intervene." He also stated that last-minute action by Congress does not invalidate years of court rulings.{{ref|NewsStoryGreerIgnoredSubpoenas}}{{ref|NewsStoryGreerIgnoredSubpoenas.2}} Although Senate Majority Leader ], Senator ], and Representative ], brought the possibility of sanctioning Greer on charges of ], Congress did not attempt to enforce the subpoenas or take any action against Greer.


===Palm Sunday Compromise=== ===Palm Sunday Compromise===
{{Main|Palm Sunday Compromise}} {{Main|Palm Sunday Compromise}}


Governor Bush and Congressional Republicans anticipated Greer's adverse ruling well before it was delivered and worked on a virtually daily basis to find an alternative means of overturning the legal process by utilizing the authority of the ]. {{ref|BushLawyersNews}} On ] ], the Senate (with only three members present) passed their version of the resolution, followed by the House of Representatives, which came to be called the "]" (S-686), transferring jurisdiction of the Schiavo case to the federal courts. The bill passed the House on ] at 12:41 a.m. EST. President Bush flew to ] from his vacation in ] in order to sign the bill into law at 1:11 a.m. EST. As in the state courts, all of the Schindlers' federal petitions and appeals were denied, and the U.S. Supreme Court declined to grant ], effectively ending the Schindlers' legal options. Governor Bush and Congressional Republicans anticipated Greer's adverse ruling well before it was delivered and worked on a daily basis to find an alternative means of overturning the legal process by utilizing the authority of the ].{{ref|BushLawyersNews}} On ] ], the Senate (with only three members present) passed their version of the resolution, followed by the House of Representatives, which came to be called the "]" (S-686), transferring jurisdiction of the Schiavo case to the federal courts. The bill passed the House on ] at 12:41 a.m. EST. President Bush flew to ] from his vacation in ] in order to sign the bill into law at 1:11 a.m. EST. As in the state courts, all of the Schindlers' federal petitions and appeals were denied, and the U.S. Supreme Court declined to grant ], effectively ending the Schindlers' legal options.


At the same time, the so-called ] surfaced, causing a political firestorm. The memo was written by ], the legal counsel to Florida Republican senator ]. It suggested the Schiavo case offered "a great political issue" that would appeal to the party's ] (core supporters) and could be used against Senator ], a ] from ] who is up for ], because he had refused to co-sponsor the bill. {{ref|SchiavoMemoStory}} At the same time, the so-called ] surfaced, causing a political firestorm. The memo was written by ], the legal counsel to Florida Republican senator ]. It suggested the Schiavo case offered "a great political issue" that would appeal to the party's ] (core supporters) and could be used against Senator ], a ] from ] who is up for ], because he'd refused to co-sponsor the bill.{{ref|SchiavoMemoStory}}


On ] ], Judge Greer denied a petition for intervention by the Department of Children & Families and signed an order forbidding the department from "taking possession of Theresa Marie Schiavo or removing her" from the hospice and directed "each and every and singular ] of the state of Florida" to enforce his order. The order was appealed to the Second District Court of Appeals the following day, which resulted in an automatic stay under state law. While the stay was in effect, Florida Department of Law Enforcement personnel prepared to take custody of Terri and transfer her to a local hospital for reinsertion of the feeding tube. Once Greer was made aware of the stay, he ordered it lifted and all parties stood down. Governor Bush decided to obey the court order despite enormous pressure from the political right. If Bush (or the Florida Legislature) had ignored Greer's order by attempting to remove Schiavo from the hospice, a confrontation between the Pinellas Park Police Department and the FDLE agents could have ensued. In jest, one official said local police discussed, "...whether we had enough officers to hold off the National Guard." {{ref|PoliceVsPoliceNews}} On ] ], Greer denied a petition for intervention by the Department of Children & Families (DCF) and signed an order forbidding the department from "taking possession of Theresa Marie Schiavo or removing her" from the hospice and directed "each and every and singular ] of the state of Florida" to enforce his order. The order was appealed to the 2nd DCA the following day, which resulted in an automatic stay under state law. While the stay was in effect, Florida Department of Law Enforcement personnel prepared to take custody of Terri and transfer her to a local hospital for reinsertion of the feeding tube. Once Greer was made aware of the stay, he ordered it lifted and all parties stood down. Governor Bush decided to obey the court order despite enormous pressure from the political right. If Bush (or the Florida Legislature) had ignored Greer's order by attempting to remove Schiavo from the hospice, a confrontation between the Pinellas Park Police Department and the FDLE agents could have ensued. In jest, one official said local police discussed, "...whether we had enough officers to hold off the National Guard."{{ref|PoliceVsPoliceNews}}


==Final stages== ==Final stages==
On ] ], Bob and Mary Schindler announced that their legal options had been exhausted. The next day, Schiavo was given the ] ("Last Rites"). In accordance with the Catholic ritual of ], a drop of ] ] was applied to her tongue, but a small piece of the host was unable to be offered as her tongue was too dry. She had also been given ] through the feeding tube just before it was removed. On ] ], Bob and Mary Schindler announced their legal options had been exhausted. The next day, Terri was given the ] ("Last Rites"). In accordance with the Catholic ritual of ], a drop of ] ] was applied to her tongue, but a small piece of the host was unable to be offered as her tongue was too dry. She'd also been given ] through the feeding tube just before it was removed.


Terri Schiavo died at 9:05 a.m. EST on Thursday, ] ], with her husband Michael at her side. Schiavo's parents, who had been denied access to her during her last hours, went to the hospice to visit her when they were informed that she might be approaching death; they arrived half an hour after her death. The Schindler family was allowed into the room after Michael Schiavo had left it. {{ref|NewsTerriDies}} {{ref|NewsTerriDies.ADNews}} Terri Schiavo died at 9:05 a.m. EST on Thursday, ] ], with her husband Michael at her side. Her parents, who had been denied access to her during her last hours, went to the hospice to visit her when they were informed she might be approaching death; they arrived half an hour after her death. The Schindler family was allowed into the room after Michael Schiavo had left.{{ref|NewsTerriDies}}{{ref|NewsTerriDies.ADNews}}


===Autopsy=== ===Autopsy===
] at age 38.]] ] at age 38.]]


After her death, Schiavo's body was taken to the office of the medical examiner for Pinellas and Pasco counties. The ], led by Dr. Jon Thogmartin, occurred on ] ]. Thogmartin also arranged for specialized cardiac and genetic examinations to be made. The {{ref|autopsy.2}} was released on ] ]. Examination of Schiavo’s nervous system had revealed extensive injury. The ] itself weighed 615 ], only half the weight expected for a female of her age, height, and weight. After her death, Terri's body was taken to the office of the medical examiner for Pinellas and Pasco counties. The ], led by Dr. Jon Thogmartin, occurred on ] ]. Thogmartin also arranged for specialized cardiac and genetic examinations to be made. The {{ref|autopsy.2}} was released on ] ]. Examination of Terri’s nervous system revealed extensive injury. The ] itself weighed 615 ], only half the weight expected for a female of her age, height, and weight.


Microscopic examination revealed extensive damage to numerous brain regions, including the ], the ], the basal nuclei, the ], the ], and the ]. The neuropathologic changes in Schiavo’s brain were precisely of the type seen in patients who enter a PVS following cardiac arrest. Throughout the cerebral cortex, the large pyramidal ]s that comprise some 70% of cortical cells&mdash;critical to the functioning of the cortex&mdash;were completely lost. The pattern of gradient damage to the cortex, with injury tending to worsen from the front of the cortex to the back, is also a typical finding. There was marked damage to important relay circuits deep in the brain (the thalami)&mdash;this too a common pathologic hallmark of the PVS. The damage was, in the words of Dr. Thogmartin, "irreversible, and no amount of therapy or treatment would have regenerated the massive loss of neurons." {{ref|ThogmartinComment}} However, the intensely controversial nature of Terri Schiavo's final years was likely not lost on the medical examiners, as seen by the care with which they worded their report: Dr. Stephen J. Nelson, M.D., P.A., cautioned that "europathologic examination alone of the decedent’s brain &ndash; or any brain for that matter &ndash; cannot prove or disprove a diagnosis of persistent vegetative state or minimally conscious state." {{ref|autopsy.3}} <!--(Page 20 of the 39-page autopsy Report, bottom paragraph)--> The vegetative state is a behaviorally defined syndrome of complete unawareness, to self and to environment, that occurs in a person who nevertheless experiences wakefulness. As the condition is ''defined in clinical terms'', it can therefore only be diagnosed in persons who, at some point, are shown to meet those clinical terms. Ancillary investigations, such as CT scans, ], EEGs, and lately ] and ] scanning, may only provide support for the clinical impression&mdash;as might the pathologic findings, after death. In the case of Terri Schiavo, seven of the eight neurologists who examined her in her last years stated that she met the clinical criteria for PVS; the serial CT scans, EEGs, the one MRI, and finally, the pathologic findings, were all consistent with that diagnosis. Microscopic examination revealed extensive damage to numerous brain regions, including the ], the ], the basal nuclei, the ], the ], and the ]. The neuropathologic changes in her brain were precisely of the type seen in patients who enter a PVS following cardiac arrest. Throughout the cerebral cortex, the large pyramidal ]s that comprise some 70% of cortical cells&mdash;critical to the functioning of the cortex&mdash;were completely lost. The pattern of damage to the cortex, with injury tending to worsen from the front of the cortex to the back, is also typical. There was marked damage to important relay circuits deep in the brain (the thalami)&mdash;another common pathologic hallmark of PVS. The damage was, in the words of Thogmartin, "irreversible, and no amount of therapy or treatment would have regenerated the massive loss of neurons."{{ref|ThogmartinComment}} However, the intensely controversial nature of Terri Schiavo's final years was understood by the medical examiners, as seen by the care with which they worded their report: Dr. Stephen J. Nelson, M.D., P.A., cautioned that "europathologic examination alone of the decedent’s brain &ndash; or any brain for that matter &ndash; cannot prove or disprove a diagnosis of persistent vegetative state or minimally conscious state."{{ref|autopsy.3}}<!--Pg 20 of 39, bottom par--> The vegetative state is a behaviorally defined syndrome of complete unawareness, to self and to environment, that occurs in a person who nevertheless experiences wakefulness. As the condition is ''defined in clinical terms'', it can therefore only be diagnosed in persons who, at some point, are shown to meet those clinical terms. Ancillary investigations, such as CT scans, ], EEGs, and lately ] and ] scanning, may only provide support for the clinical impression&mdash;as might the pathologic findings, after death. In the case of Terri Schiavo, seven of the eight neurologists who examined her in her last years stated that she met the clinical criteria for PVS; the serial CT scans, EEGs, the one MRI, and finally, the pathologic findings, were consistent with that diagnosis.


The cause of the cardiac arrest which felled Schiavo fifteen years before she died has never been determined. Aside from a localized, healed inflammation, the cardiac pathologist who studied Schiavo's heart found it and the ] to be healthy. Although it was widely speculated that Schiavo suffered from an eating disorder that caused a serious ] disturbance, stopping her heart, the autoposy itself showed little evidence to support this claim. The examiners also found no evidence that Schiavo had been the victim of trauma or foul play. The cause of the cardiac arrest which felled Terri 15 years before she died has never been determined. Aside from a localized, healed inflammation, the cardiac pathologist who studied Schiavo's heart found it and the ] to be healthy. Although it was widely speculated that Schiavo suffered from an eating disorder that caused a serious ] disturbance, stopping her heart, the autopsy itself showed little evidence to support this claim. The examiners also found no evidence that Schiavo had been the victim of trauma or foul play.


To the question of the cause and manner of Schiavo’s death, Dr. Thogmartin wrote, "Mrs. Schiavo suffered severe anoxic brain injury. The cause of which cannot be determined with reasonable medical certainty. The manner of death will therefore be certified as undetermined." Regarding the cause and manner of Terri’s death, Thogmartin wrote, "Mrs. Schiavo suffered severe anoxic brain injury. The cause of which cannot be determined with reasonable medical certainty. The manner of death will therefore be certified as undetermined."


===Memorial=== ===Memorial===
Line 184: Line 102:
Schiavo's body was ] following the autopsy. Schiavo's body was ] following the autopsy.


Her parents offered a memorial ] for her at the Holy Name of Jesus Catholic Church in ] on ]. Father Frank Pavone, an activist with Priests for Life, {{ref|PavoneBio}} delivered the . {{ref|PavoneSermonNews}} Her parents offered a memorial ] for her at the Holy Name of Jesus Catholic Church in ] on ]. Father Frank Pavone, an activist with Priests for Life,{{ref|PavoneBio}} delivered the .{{ref|PavoneSermonNews}}


On ], Schiavo's parents made public a complaint that they had not been informed of when and where the ashes of their daughter had been (or were to be) buried by Michael Schiavo. He was under court order to provide this information to them. On ], Schiavo's parents made public a complaint that they hadn't been informed of when and where the ashes of their daughter had been (or were to be) buried by Michael Schiavo. He was under court order to provide this information to them.


On ], the cremated remains of Terri Schiavo were buried. The ceremony was fifteen minutes long and took place in a heavy rainstorm. A blue ] containing the ashes was placed in a lead box, along with ]s. The Schindlers' attorney stated that the family was notified by ] only after the memorial service; by then, the family had already started getting calls from reporters. {{ref|LateFaxNoticeNews}} On ], the cremated remains of Terri Schiavo were buried. The ceremony was fifteen minutes long and took place in a heavy rainstorm. A blue ] containing the ashes was placed in a lead box, along with ]s. The Schindlers' attorney stated that the family was notified by ] only after the memorial service; by then, the family had already started getting calls from reporters.{{ref|LateFaxNoticeNews}}


The ashes were interred under an ] tree near a pond and fountain at Sylvan Abbey Memorial Park in Clearwater, Florida. Behind the grave marker sits a polished stone bench inscribed with the name "Schiavo." {{ref|BurialNews}}. The ashes were interred under an ] tree near a pond and fountain at Sylvan Abbey Memorial Park in Clearwater, Florida. Behind the grave marker sits a polished stone bench inscribed with the name "Schiavo."{{ref|BurialNews}}.


==Disputed opinions== ==Disputed opinions==
David Gibbs III, the lead lawyer for Terri Schiavo’s parents, supported ] statements which condemned her treatment as ]. ] stated that health care providers are morally obligated to provide food and water to patients in persistent vegetative states. This led to a challenge by Schiavo's parents, who requested a new trial about whether their daughter, as a devout Catholic, would wish to go against the Church's teaching. Judge Greer rejected their request. {{ref|VaticanArticle}} David Gibbs III, the lead lawyer for Terri’s parents, supported ] statements which condemned her treatment as ]. ] stated health care providers are morally obligated to provide food and water to patients in persistent vegetative states. This led to a challenge by her parents, who requested a new trial about whether their daughter, as a devout Catholic, would wish to go against the Church's teaching. Greer rejected their request.{{ref|VaticanArticle}}


During a trial in 2000, testimony was heard from witnesses on both sides to establish Schiavo's wishes regarding life support. The court determined that she'd made "credible and reliable" statements that she wouldn't want to be "kept alive on a machine,"<!--Pg 9 of 10--> based on expert testimony, finding Americans don't want to live "with no hope of improvement,"<!--Pg 10--> and that her condition in a persistent vegetative state had "long since satisfied" the requirement that there be no hope of improvement.{{ref|trialctorder02-00.pdf.4}} In his report, Dr. Jay Wolfson, the 3rd ''guardian ad litem'' appointed by the courts, said "the reasonable degree of medical certainty associated with her diagnosis and prognosis is very high."<!--Pg 32, top-->{{ref|WolfsonReport.6}}
Schiavo's husband insisted that she had expressed her wishes not to be kept on life support with no hope for improvement.

During a trial in 2000, testimony was heard from witnesses on both sides to establish Schiavo's wishes regarding life support. The court determined that she had made "credible and reliable" statements that she wouldn't want to be "kept alive on a machine," <!--(Page 9 of the 10-page Order)--> based on expert testimony, finding that Americans don't want to live "with no hope of improvement," <!--(Page 10)--> and that her condition in a persistent vegetative state had "long since satisfied" the requirement that there be no hope of improvement. {{ref|trialctorder02-00.pdf.4}} In the ''guardian ad litem'' report described above, Wolfson reported that "the reasonable degree of medical certainty associated with her diagnosis and prognosis is very high." <!--(Page 32, top)--> {{ref|WolfsonReport.6}}


===Public opinion and activism=== ===Public opinion and activism===
{{Main|Public opinion and activism in the Terri Schiavo case}} {{Main|Public opinion and activism in the Terri Schiavo case}}


The Terri Schiavo case held the attention of the American public, as well as an international audience, and had major political ramifications. A number of ] were carried out, particularly on the question of federal involvement in the Terri Schiavo case, with conflicting results. The Terri Schiavo case held the attention of both American and international audiences and had major political ramifications. A number of ] were carried out, particularly on the question of federal involvement in the Terri Schiavo case, with conflicting results. The case drew notable figures on both sides of the debate, as well as many pressure groups and public protesters. Although the vast majority of protests were nonviolent, 2 of the more extreme acts included death threats aimed towards Michael Schiavo. The Schindlers' legal fight was funded by a variety of sources on the ].{{ref|KosCoverage}}


On ], ], media ] ] (who believes that ] could've cured Schiavo's condition) offered one million dollars to Michael Schiavo if he agreed to waive his guardianship to his wife's parents.{{ref|HerringRelease}} The offer was rejected. George Felos, attorney for Michael, described the offer as "offensive," adding that Michael had rejected other monetary offers, including one of 10 million dollars.
The case drew in notable figures on both sides of the debate, as well as many pressure groups and public protesters. Two of the more extreme acts of protest included death threats aimed towards Michael Schiavo, although the vast majority of protests were nonviolent.


During the final stages of the court battle in March 2005, around 30 individuals made a variety of complaints to the DCF alleging various abuses. These included Terri supposedly being in pain from recent dental work, Terri not having had any dental work for years, and even the blinds in her room not being open wide enough. DCF investigators found the claims to be groundless, stating that there were "no indicators" of abuse in any of the cases and concluding that "he preponderance of the evidence shows that Michael Schiavo followed doctors' orders Ms. Schiavo's diagnosis of being in a persistent vegetative state and that he provided her with appropriate care."{{ref|DCF.NewsStory}}
The Schindlers' legal fight was funded by a variety of sources on the ]. {{ref|KosCoverage}}

On ], ], media ] ] (who believes that ] could have cured Schiavo's condition) offered one million dollars to Michael Schiavo if he agreed to waive his guardianship to his wife's parents. {{ref|HerringRelease}} The offer was rejected. George Felos, attorney for Michael, described the offer as "offensive." He also stated that Michael had rejected other monetary offers, including one of ten million dollars.

During the final stages of the court battle in March 2005, around 30 individuals made a variety of complaints to the Department of Children and Families alleging various abuses. These included Terri supposedly being in pain from recent dental work, Terri not having had any dental work for years, and even the blinds in her room not being open wide enough. DCF investigators found the claims to be groundless, stating that there were "no indicators" of abuse in any of the cases and concluding that "he preponderance of the evidence shows that Michael Schiavo followed doctors' orders Ms. Schiavo's diagnosis of being in a persistent vegetative state and that he provided her with appropriate care." {{ref|DCF.NewsStory}}


==Notes and references== ==Notes and references==

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# {{note|VaticanArticle}} Moore, Waveney Ann. "The Terri Schiavo Case: Vatican official enters Schiavo feeding tube fray," ''],'' ] ]

FuelWagon removed the {{ref|VaticanArticle}} and a small paragraph at this diff: http://en.wikipedia.org/search/?title=Terri_Schiavo&diff=22186713&oldid=22186313 (Revision as of 17:15, 30 August 2005) ----- Therefore, I must make this {{note|VaticanArticle}} inactive by enclosing it around these "comment bracket -or else the "numbering system" of the {{ref|...} and {{note|...) section will be displaced so the references are one off from the note, however I am leaving this section "hidden and intact" in case someone wants to restore it as before. Note: There was a recent vote 4-2 in talk to keep the sentence which Wagon deleted, but the new "See Also" section mentions all the topics in this sentence, so maybe the article will still be OK for the reader. END COMMENTS.
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# {{note|ACLU.OppositionToInjunctionBrief}} "RESPONDENT MICHAEL SCHIAVO'S OPPOSITION TO APPLICATION FOR INJUNCTION," Case No.: 04A-825, ] ] #{{note|ACLU.OppositionToInjunctionBrief}} "RESPONDENT MICHAEL SCHIAVO'S OPPOSITION TO APPLICATION FOR INJUNCTION," Case No.: 04A-825, ] ]
# {{note|Newsweek}} Campo-Flores, Arian. "The Legacy of Terri Schiavo," ''],'' ] ] #{{note|Newsweek}} Campo-Flores, Arian. "The Legacy of Terri Schiavo," ''],'' ] ]
# {{note|jhunewsletter}} Nair, Sandya. "Terri Schiavo case reveals the dangers of eating disorders," ''],'' ] ] #{{note|jhunewsletter}} Nair, Sandya. "Terri Schiavo case reveals the dangers of eating disorders," ''],'' ] ]
# {{note|MiamiHerald}} Chachere, Vickie. "Eating disorder is 'lost lesson' in Schiavo case," ''],'' ] ] #{{note|MiamiHerald}} Chachere, Vickie. "Eating disorder is 'lost lesson' in Schiavo case," ''],'' ] ]
# {{note|TerrisLawRuling}} (for The Court). "JEB BUSH, Governor of Florida, et al., vs. MICHAEL SCHIAVO, Guardian of Theresa Schiavo," Case Number: SC04-925, ''],'' ] ] #{{note|TerrisLawRuling}} (for The Court). "JEB BUSH, Governor of Florida, et al., vs. MICHAEL SCHIAVO, Guardian of Theresa Schiavo," Case Number: SC04-925, ''],'' ] ]
# {{note|WolfsonReport}} "A REPORT TO GOVERNOR JEB BUSH AND THE 6TH JUDICIAL CIRCUIT IN THE MATTER OF THERESA MARIE SCHIAVO,"'' ,'' ] ] #{{note|WolfsonReport}} "A REPORT TO GOVERNOR JEB BUSH AND THE 6TH JUDICIAL CIRCUIT IN THE MATTER OF THERESA MARIE SCHIAVO,"'' ,'' ] ]
# {{note|trialctorder02-00.pdf}} Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated," File No. 90-2908GD-003, '','' ] ] #{{note|trialctorder02-00.pdf}} Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated," File No. 90-2908GD-003, '','' ] ]
# {{note|MalpracticeTranscript}} Gerbino, Joanne, Court Reporter. Transcript regarding "BARNETT BANK TRUST COMPANY as Guardian of the Property of THERESA SCHIAVO and MICHAEL SCHIAVO, individually, Plaintiffs, vs. G. STEPHEN IGEL, M.D., Defendant," CASE NO. 92-939-15, ''Purple Kangaroo Angela'' Web log, ] ] #{{note|MalpracticeTranscript}} Gerbino, Joanne, Court Reporter. Transcript regarding "BARNETT BANK TRUST COMPANY as Guardian of the Property of THERESA SCHIAVO and MICHAEL SCHIAVO, individually, Plaintiffs, vs. G. STEPHEN IGEL, M.D., Defendant," CASE NO. 92-939-15, ''Purple Kangaroo Angela'' Web log, ] ]
#{{note|TerrisLaw}} State of Florida. House Bill No. 35-E, which later was passed into Law as Florida Public Law, Chapter 2003-418, commonly known as "Terri's Law,"
# {{note|PearseReport}} Pearse, Richard L., Jr., P.A., Guardian Ad Litem. "REPORT OF GUARDIAN AD LITEM," for "IN RE: THE GUARDIANSHIP OF THERESA SCHIAVO, AN INCAPACITATED PERSON," Case No. 90-2908GD-003, '','' ] ]
# {{note|TerrisLawRuling2}} (for The Court). "JEB BUSH, Governor of Florida, et al., vs. MICHAEL SCHIAVO, Guardian of Theresa Schiavo," Case Number: SC04-925, ''],'' ] ] #{{note|AppealsReveral}} (for The Court). "ROBERT SCHINDLER and MARY SCHINDLER, parents of THERESA MARIE SCHIAVO, Appellants, v. MICHAEL SCHIAVO, as Guardian of the person of THERESA MARIE SCHIAVO, Appellee," Case Number: 2D03-5200, ''],'' ] ]
# {{note|trialctorder02-00.pdf.2}} Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated," File No. 90-2908GD-003, '','' ] ] #{{note|BairdDenies}} Reynolds, Dave, Inclusion Daily Express. "Judge Baird Again Denies Schindlers' Request To Intervene In "Terri's Law" Case," '','' ] ]
#{{note|CourtDocket}} State of Florida. "Case Docket," Case Number: 2D04-1528, ''],''
# {{note|WolfsonReport.2}} "A REPORT TO GOVERNOR JEB BUSH AND THE 6TH JUDICIAL CIRCUIT IN THE MATTER OF THERESA MARIE SCHIAVO," '','' ] ]
# {{note|WolfsonReport.3}} "A REPORT TO GOVERNOR JEB BUSH AND THE 6TH JUDICIAL CIRCUIT IN THE MATTER OF THERESA MARIE SCHIAVO," '','' ] ] #{{note|TerrisLawRuling.CircuitCourt}} Baird, W. Douglas, Circuit Judge. "Michael SCHIAVO, as Guardian of the person of Theresa Marie Schiavo, Petitioner, v. Jeb BUSH, Governor of the State of Florida, and Charlie Crist, Attorney General of the State of Florida, Respondents," Case No. 03-008212-CI-20, '','' ] ]
#{{note|OppositiontoDCA.Brief.WithRuling}} (for The Court). "Order Relinquishing Case for Entry of Final Judgment and Order to Show Cause Why this Proceeding Should Not be Certified to the Supreme Court As Requiring Immediate Resolution," Case Number: 2D04-2045, ''],'' ] ] (Pages 6 & 7 of the 7-page Brief at the link following)
# {{note|PearseReport.2}} Pearse, Richard L., Jr., P.A., Guardian Ad Litem. "REPORT OF GUARDIAN AD LITEM," for "IN RE: THE GUARDIANSHIP OF THERESA SCHIAVO, AN INCAPACITATED PERSON," Case No. 90-2908GD-003, '','' ] ]
#{{note|PassThrough}} Conigliaro, Matt, Esq. "Schiavo News," '','' ] ]
# {{note|PearseReport.3}} Pearse, Richard L., Jr., P.A., Guardian Ad Litem. "REPORT OF GUARDIAN AD LITEM," for "IN RE: THE GUARDIANSHIP OF THERESA SCHIAVO, AN INCAPACITATED PERSON," Case No. 90-2908GD-003, '','' ] ]
#{{note|PhotoSchindlersNonMainstreamMedia}} Sanford, Sanford. "Schindlers at hearing in Lakeland-June 14,2004," '','' ] ]
# {{note|FloridaStats}} State of Florida. FLORIDA STATUTES, Accessible State Law on the Official State of Florida Website
#{{note|OralArgNewsStory}} From Staff Reports. () "Lakeland Appeals Court holds Oral Arguments for Terri's Law," '','' ] ]
# {{note|765.101}} State of Florida. FLORIDA STATUTES, Citation of Law, §765.101(12), Florida Statutes
#{{note|QuoWarranto}} "News Coverage of Terri Schiavo's family's challenge to Mike Schiavo's guardianship," '','' ] ]
# {{note|PearseReport.3}} Pearse, Richard L., Jr., P.A., Guardian Ad Litem. "REPORT OF GUARDIAN AD LITEM," for "IN RE: THE GUARDIANSHIP OF THERESA SCHIAVO, AN INCAPACITATED PERSON," Case No. 90-2908GD-003, '','' ] ]
#{{note|CourtDocket.2}} State of Florida. "Case Docket," Case Number: 2D04-1528, ''],''
# {{note|trialctorder02-00.pdf.3}} Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated," File No. 90-2908GD-003, '','' ] ]
#{{note|QuoWarrantoDismissal}} Foster, Sarah. "Judge dismisses Schindlers' petition: Court asked to explain Schiavo's guardianship in face of ongoing neglect," ''],'' ] ]
# {{note|SchiavoI}} (for The Court). "In re GUARDIANSHIP OF Theresa Marie SCHIAVO, Incapacitated. Robert Schindler and Mary Schindler, Appellants, v. Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Appellee," Case Number: 2D00-1269, ''],'' ] ]
#{{note|TerrisLawRuling.FlaSupCt}} (for The Court). "JEB BUSH, Governor of Florida, et al., Appellants, vs. MICHAEL SCHIAVO, Guardian of Theresa Schiavo, Appellee," Case Number: SC04-925, ''],'' ] ]
# {{note|WolfsonReport.4}} "A REPORT TO GOVERNOR JEB BUSH AND THE 6TH JUDICIAL CIRCUIT IN THE MATTER OF THERESA MARIE SCHIAVO," '','' ] ]
# {{note|trialctorder0300.pdf}} Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated," File No. 90-2908GD-003, '','' ] ] #{{note|subpoenas}} , (for The Committee). "SUBPOENA," ''],'' ] ]
#{{note|ContemptStory}} An Unsigned News Story. "Docs Remove Terri Schiavo's Feeding Tube: Tube Was Scheduled To Be Removed Friday," '','' ] ]
# {{note|autopsy}} "REPORT OF AUTOPSY" for Theresa Schiavo, Case #5050439, ] ]
# {{note|MiamiU}} Anderson, Patricia F., Esq. "PETITION TO REMOVE GUARDIAN AND TO APPOINT SUCCESSOR GUARDIAN," ''],'' ] ] <!-- point 31. --> #{{note|NewsStoryGreerIgnoredSubpoenas}} An Unsigned "]" News Story. "Schiavo's feeding tube removed despite congressional intervention," ''],'' ] ]
# {{note|LibertyLink.AndersonMotion}} Anderson, Patricia F., Esq. "SECOND AMENDED PETITION TO REMOVE GUARDIAN," '','' ] <!-- point 16. --> #{{note|NewsStoryGreerIgnoredSubpoenas.2}} An Unsigned "]" News Story. "Schiavo's Feeding Tube Removed," '','' ] ]
#{{note|BushLawyersNews}} Farrington, Brendan. "Lawyers for Bush, lawmakers worked at exhausting pace on Schiavo," ''],'' ] ]
# {{note|WolfsonReport.5}} "A REPORT TO GOVERNOR JEB BUSH AND THE 6TH JUDICIAL CIRCUIT IN THE MATTER OF THERESA MARIE SCHIAVO," '','' ] ]
#{{note|SchiavoMemoStory}} An Unsigned News Story. "GOP memo says issue offers political rewards," ''],'' ] ]
<!-- Hide this because the {{ref|CNN.com.story}} was deleted, and this must be hidden to keep numbering system correct:
#{{note|PoliceVsPoliceNews}} An Unsigned "]" News Story. "] Report: State Tried Schiavo Grab," ''],'' ] ] (], reprinting a ] Story)
# {{note|CNN.com.story}} Sosa, Ninette; Lin, Carol; Barrett, Ted; Johns, Joe; Phillips, Rich; and, Yuille, Jen. "Schiavo's feeding tube removed: Husband's lawyer denounces congressional 'thuggery'," ''],'' ] ]
#{{note|NewsTerriDies}} An Unsigned News Story. "Attorney: Terri's husband cradled her: 'It was a very emotional moment for many of us there'," ''],'' ] ]
-->
#{{note|NewsTerriDies.ADNews}} Breed, Allen G. "Terri Schiavo's final moments with husband," ''],'' ] ]
<!-- Temporarily hide this because it is the wrong law, and does not quote the major players -hold in reserve.
#{{note|autopsy.2}} "REPORT OF AUTOPSY" for Theresa Schiavo, Case #5050439, ] ]
#{{note|StateLawOnHospices}} State of Florida. FLORIDA STATUTES, Citation of Law, §400.6095(2), Florida Statutes *** Notes for the curious, such as Wagon, who want to know if this is legit: 400.6095 Patient admission; assessment; plan of care; discharge; death.-- "(2) Admission to a hospice program shall be made upon a diagnosis and prognosis of terminal illness by a physician licensed pursuant to chapter 458 or chapter 459 and shall be dependent on the expressed request and informed consent of the patient." Actually, I was being conservative in describing hospices: A hospice is NEVER supposed to admit a nonterminal person, but to appease the "hospice admitting Terri lovers, I will use more NPOV language in the reference tied to this note. --User:GordonWattsDotCom -->
#{{note|ThogmartinComment}} Phillips, Rich, Producer. "Autopsy: No sign Schiavo was abused: Findings show woman's brain 'profoundly atrophied'," ''],'' ] ]
# {{note|Fla.R.Civ.P.}} State of Florida. FLORIDA RULES OF CIVIL PROCEDURE, 2005 Edition. ''''
#{{note|autopsy.3}} "REPORT OF AUTOPSY" for Theresa Schiavo, Case #5050439, ] ]
# {{note|SchiavoII}} (for The Court). "In re GUARDIANSHIP OF Theresa Marie SCHIAVO, Incapacitated. Robert Schindler and Mary Schindler, Appellants, v. Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Appellee," ''and'' "Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Appellant, v. Robert Schindler and Mary Schindler, Appellees," Case Numbers: 2D00-1269, 2D01-1836, and 2D01-1891, ''],'' ] ]
#{{note|PavoneBio}} Pavone, Frank A. "Father Frank A. Pavone - Biography," '',''
# {{note|SchiavoIII}} (for The Court). "IN RE: GUARDIANSHIP OF: THERESA MARIE SCHIAVO, Incapacitated. ROBERT SCHINDLER and MARY SCHINDLER, Appellants, v. MICHAEL SCHIAVO, as Guardian of the person of THERESA MARIE SCHIAVO, Appellee," Case Number: 2D01-3626, ''],'' ] ]
# {{note|VideoArticle}} Smith, Brad. "Schiavo Videotapes Offer Powerful But Misleading Evidence," ''],'' ] ] #{{note|PavoneSermonNews}} By Times Staff. "Schiavo's parents planning a funeral Mass for today," ''],'' ] ]
#{{note|LateFaxNoticeNews}} Stacy, Mitch. "Schiavo's Remains Buried Amid Acrimony: Acrimony Between Terri Schiavo's Parents and Husband Continues As Her Remains Buried in Florida," ''],'' ] ]
# {{note|1stFeedingTubeRemovalOrder}} Greer, George W., Circuit Judge. "In re: The GUARDIANSHIP OF Theresa Marie SCHIAVO, Incapacitated. Michael SCHIAVO, as Guardian of the person of Theresa Marie Schiavo, Petitioner, v. Robert SCHINDLER and Mary Schindler, Respondents," File No. 90-2908-GB-003, '','' ] ]
#{{note|BurialNews}} Brink, Graham and Fries, Jacob. "A nearby resting place," ''],'' ] ]
# {{note|SchiavoIV}} (for The Court). "IN RE: GUARDIANSHIP OF: THERESA MARIE SCHIAVO, Incapacitated. ROBERT SCHINDLER and MARY SCHINDLER, Appellants, v. MICHAEL SCHIAVO, as Guardian of the person of THERESA MARIE SCHIAVO, Appellee," Case Number: 2D02-5394, ''],'' ] ]
#{{note|VaticanArticle}} Moore, Waveney Ann. "The Terri Schiavo Case: Vatican official enters Schiavo feeding tube fray," ''],'' ] ]
# {{note|GreerOrderReImmediateTherapy}} Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated. MICHAEL SCHIAVO, as Guardian of the person of THERESA MARIE SCHIAVO, Petitioner, v. ROBERT SCHINDLER and MARY SCHINDLER, Respondents," File No. 90-2908GD-003, '','' ] ]
# {{note|2ndFeedingTubeRemoval.ABC.story}} Bury, Chris. "Transcript: Michael Schiavo on 'Nightline': Husband at the Heart of the 'Right to Die' Case Speaks to Chris Bury," ''],'' ] ] #{{note|trialctorder02-00.pdf.4}} Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated," File No. 90-2908GD-003, '','' ] ]
# {{note|1.540.MotionForRelief}} Gibbs, David C., III, Esq. "RESPONDENTS' FLA.R.CIV.P.1.540(b)(5) MOTION FOR RELIEF FROM JUDGMENT PENDING CONTEMPORARY MEDICAL/PSYCHIATRIC/REHABILITATIVE EVALUATION OF THERESA MARIE SCHIAVO," File Number: 90-2908GD-003, ] ] #{{note|WolfsonReport.6}} "A REPORT TO GOVERNOR JEB BUSH AND THE 6TH JUDICIAL CIRCUIT IN THE MATTER OF THERESA MARIE SCHIAVO," '','' ] ]
#{{note|KosCoverage}} ] "Money Trail in the Schiavo Case: Bioethics for Sale?," ''],'' ] ]
# {{note|1.540.Order}} Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated. MICHAEL SCHIAVO, Petitioner, vs. ROBERT SCHINDLER and MARY SCHINDLER, Respondents," File No. 90-2908-GD-003, '','' ] ]
#{{note|HerringRelease}} Allred, Gloria, Esq. "Statement from Gloria Allred, Attorney-at-Law, Representing Robert Herring, Sr.:," '','' ] ]
# {{note|AffidavitStoryMediaMatters}} An Unsigned Editorial. "On ''Face the Nation,'' Family Research Council's Perkins misrepresented Schindler family's 33 affidavits calling for more medical treatment for Terri Schiavo," ''],'' ] ]
# {{note|AndersonComments}} Troxler, Howard. "Too thin a line between life, death for Schiavo," ''],'' ] ] #{{note|DCF.NewsStory}} Tisch, Chris and Krueger, Curtis. "Schiavo abuse claims were old," ''],'' ] ]
# {{note|LibertyNewsStory}} Ruby, Lisa. "Judge Greer and Michael Schiavo: Collusive Law Breaking in Attempts to End Terri's Life," '','' ] ]
# {{note|ReliefPendingEvaluationsDenied}} Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated. MICHAEL SCHIAVO, Petitioner, vs. ROBERT SCHINDLER and MARY SCHINDLER, Respondents," File No. 90-2908-GD-003, '','' ] ]
# {{note|MotionToFeedNaturally}} Gibbs, David C., III, Esq. "EMERGENCY EXPEDITED MOTION FOR PERMISSION TO PROVIDE THERESA SCHIAVO WITH FOOD AND WATER BY NATURAL MEANS," File Number: 90-2908GD-003, ] ]
# {{note|OrderDenyingFeedingNaturally}} Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated. MICHAEL SCHIAVO, Petitioner, vs. ROBERT SCHINDLER and MARY SCHINDLER, Respondents," File No. 90-2908-GD-003, '','' ] ]
# {{note|1.540.Order.2}} Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated. MICHAEL SCHIAVO, Petitioner, vs. ROBERT SCHINDLER and MARY SCHINDLER, Respondents," File No. 90-2908-GD-003, '','' ] ]
# {{note|TerrisLaw}} State of Florida. House Bill No. 35-E, which later was passed into Law as Florida Public Law, Chapter 2003-418, commonly known as "Terri's Law,"
# {{note|AppealsReveral}} (for The Court). "ROBERT SCHINDLER and MARY SCHINDLER, parents of THERESA MARIE SCHIAVO, Appellants, v. MICHAEL SCHIAVO, as Guardian of the person of THERESA MARIE SCHIAVO, Appellee," Case Number: 2D03-5200, ''],'' ] ]
# {{note|BairdDenies}} Reynolds, Dave, Inclusion Daily Express. "Judge Baird Again Denies Schindlers' Request To Intervene In "Terri's Law" Case," '','' ] ]
# {{note|CourtDocket}} State of Florida. "Case Docket," Case Number: 2D04-1528, ''],''
# {{note|TerrisLawRuling.CircuitCourt}} Baird, W. Douglas, Circuit Judge. "Michael SCHIAVO, as Guardian of the person of Theresa Marie Schiavo, Petitioner, v. Jeb BUSH, Governor of the State of Florida, and Charlie Crist, Attorney General of the State of Florida, Respondents," Case No. 03-008212-CI-20, '','' ] ]
# {{note|OppositiontoDCA.Brief.WithRuling}} (for The Court). "Order Relinquishing Case for Entry of Final Judgment and Order to Show Cause Why this Proceeding Should Not be Certified to the Supreme Court As Requiring Immediate Resolution," Case Number: 2D04-2045, ''],'' ] ] (Pages 6 & 7 of the 7-page Brief at the link following)
# {{note|PassThrough}} Conigliaro, Matt, Esq. "Schiavo News," '','' ] ]
# {{note|PhotoSchindlersNonMainstreamMedia}} Sanford, Sanford. "Schindlers at hearing in Lakeland-June 14,2004," '','' ] ]
# {{note|OralArgNewsStory}} From Staff Reports. () "Lakeland Appeals Court holds Oral Arguments for Terri's Law," '','' ] ]
# {{note|QuoWarranto}} "News Coverage of Terri Schiavo's family's challenge to Mike Schiavo's guardianship," '','' ] ]
# {{note|CourtDocket.2}} State of Florida. "Case Docket," Case Number: 2D04-1528, ''],''
# {{note|QuoWarrantoDismissal}} Foster, Sarah. "Judge dismisses Schindlers' petition: Court asked to explain Schiavo's guardianship in face of ongoing neglect," ''],'' ] ]
# {{note|TerrisLawRuling.FlaSupCt}} (for The Court). "JEB BUSH, Governor of Florida, et al., Appellants, vs. MICHAEL SCHIAVO, Guardian of Theresa Schiavo, Appellee," Case Number: SC04-925, ''],'' ] ]
# {{note|subpoenas}} , (for The Committee). "SUBPOENA," ''],'' ] ]
# {{note|ContemptStory}} An Unsigned News Story. "Docs Remove Terri Schiavo's Feeding Tube: Tube Was Scheduled To Be Removed Friday," '','' ] ]
# {{note|NewsStoryGreerIgnoredSubpoenas}} An Unsigned "]" News Story. "Schiavo's feeding tube removed despite congressional intervention," ''],'' ] ]
# {{note|NewsStoryGreerIgnoredSubpoenas.2}} An Unsigned "]" News Story. "Schiavo's Feeding Tube Removed," '','' ] ]
# {{note|BushLawyersNews}} Farrington, Brendan. "Lawyers for Bush, lawmakers worked at exhausting pace on Schiavo," ''],'' ] ]
# {{note|SchiavoMemoStory}} An Unsigned News Story. "GOP memo says issue offers political rewards," ''],'' ] ]
# {{note|PoliceVsPoliceNews}} An Unsigned "]" News Story. "] Report: State Tried Schiavo Grab," ''],'' ] ] (], reprinting a ] Story)
# {{note|NewsTerriDies}} An Unsigned News Story. "Attorney: Terri's husband cradled her: 'It was a very emotional moment for many of us there'," ''],'' ] ]
# {{note|NewsTerriDies.ADNews}} Breed, Allen G. "Terri Schiavo's final moments with husband," ''],'' ] ]
# {{note|autopsy.2}} "REPORT OF AUTOPSY" for Theresa Schiavo, Case #5050439, ] ]
# {{note|ThogmartinComment}} Phillips, Rich, Producer. "Autopsy: No sign Schiavo was abused: Findings show woman's brain 'profoundly atrophied'," ''],'' ] ]
# {{note|autopsy.3}} "REPORT OF AUTOPSY" for Theresa Schiavo, Case #5050439, ] ]
# {{note|PavoneBio}} Pavone, Frank A. "Father Frank A. Pavone - Biography," '',''
# {{note|PavoneSermonNews}} By Times Staff. "Schiavo's parents planning a funeral Mass for today," ''],'' ] ]
# {{note|LateFaxNoticeNews}} Stacy, Mitch. "Schiavo's Remains Buried Amid Acrimony: Acrimony Between Terri Schiavo's Parents and Husband Continues As Her Remains Buried in Florida," ''],'' ] ]
# {{note|BurialNews}} Brink, Graham and Fries, Jacob. "A nearby resting place," ''],'' ] ]
# {{note|VaticanArticle}} Moore, Waveney Ann. "The Terri Schiavo Case: Vatican official enters Schiavo feeding tube fray," ''],'' ] ]
# {{note|trialctorder02-00.pdf.4}} Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated," File No. 90-2908GD-003, '','' ] ]
# {{note|WolfsonReport.6}} "A REPORT TO GOVERNOR JEB BUSH AND THE 6TH JUDICIAL CIRCUIT IN THE MATTER OF THERESA MARIE SCHIAVO," '','' ] ]
# {{note|KosCoverage}} ] "Money Trail in the Schiavo Case: Bioethics for Sale?," ''],'' ] ]
# {{note|HerringRelease}} Allred, Gloria, Esq. "Statement from Gloria Allred, Attorney-at-Law, Representing Robert Herring, Sr.:," '','' ] ]
# {{note|DCF.NewsStory}} Tisch, Chris and Krueger, Curtis. "Schiavo abuse claims were old," ''],'' ] ]
<!--READ ME!! PLEASE DO NOT JUST ADD NEW NOTES AT THE BOTTOM. See the instructions above on ordering. -->
</div> </div>


==External links== ==External links==
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{{wikinews|Terri Schiavo dies}} {{wikinews|Terri Schiavo dies}}



Revision as of 17:50, 22 September 2005

Terri Schiavo case

Theresa Marie "Terri" Schiavo (December 3, 1963March 31, 2005) was a woman from St. Petersburg, Florida whose unusual medical and family circumstances and attendant legal battles fueled intense media attention and led to several high-profile court decisions and involvement by prominent politicians and interest groups.

Schiavo experienced cardiac arrest and collapsed in her home in early 1990, incurring massive brain damage; she remained in a coma for ten weeks. Within three years, she was diagnosed to be in a persistent vegetative state (PVS) with little chance of recovery.

Beginning in 1998 Schiavo’s husband Michael Schiavo and her parents Robert and Mary Schindler fought a series of court battles centering on Michael’s desire to remove the gastric feeding tube keeping Schiavo alive. By March 2005, the legal history around the Schiavo case included fourteen appeals and innumerable motions, petitions, and hearings in the Florida courts; five suits in Federal District Court; Florida legislation (Terri’s Law) struck down by the Florida Supreme Court; a subpoena by a congressional committee in an attempt to qualify Schiavo for "witness protection"; federal legislation (Palm Sunday Compromise); and four denials from the United States Supreme Court, among others.

Schiavo's feeding tube was removed a third and final time on March 18, 2005. She died on March 31, 2005.

Early life

Schiavo grew up in the Huntingdon Valley area of Lower Moreland Township, Pennsylvania, a suburb of Philadelphia, as the eldest of three children of Robert and Mary Schindler. Her younger siblings are Robert Jr. (Bobby) and Suzanne Vitadamo.

By her senior year in high school, Schiavo was overweight, with a height of 5 feet, 3 inches (160 cm) and a weight of around 200 pounds (91 kg). She went on a NutriSystem diet and lost about 55 pounds (25 kg). She may have developed an eating disorder around this time in order to cope with her perceived weight problem. In 1981, she graduated from Archbishop Wood High School, a private Catholic school in nearby Warminster.

She met Michael Schiavo in 1982 in a sociology class at Bucks County Community College in Newtown, Pennsylvania, where they were both students. He was her first boyfriend. After dating for five months, the couple became engaged. They were married on November 10, 1984, at Our Lady of Good Counsel Church in Southampton, Pennsylvania. They moved to St. Petersburg, Florida, in April 1986. Schiavo's parents also moved to St. Petersburg three months later. In Florida, she worked as an insurance claims clerk for the Prudential insurance company, and her husband was a restaurant manager. Schiavo's friends began to have suspicions about her eating habits. After meals out, she would immediately excuse herself to go to the bathroom. Michael Schiavo was aware of her unusual eating patterns, but did not realize their potential danger.

In 1989, the Schiavos began visiting an obstetrician and receiving fertility services and counseling in the hopes of having a child. At this time her weight had dropped to 120 pounds, and she had stopped menstruating. However, the physician who examined her did not take a complete medical history, which might have indicated an eating disorder.

Initial medical crisis

On the morning of February 25, 1990, at approximately 5:30 a.m. EST, Schiavo experienced cardiac arrest and collapsed in the hallway of the St. Petersburg apartment she shared with her husband. Firefighters and paramedics arriving in response to her husband's 911 call found her face down and unconscious in the hallway outside her bathroom. Attempts were made to resuscitate Schiavo, and she was defibrillated several times while she was transported to the Humana Northside Hospital. There, in order to keep her alive, she was intubated, ventilated, and eventually given a tracheotomy. She remained comatose for two and a half months. When she emerged from the coma, she never exhibited any evidence of higher cortical function. The long period of anoxia she sustained had led to profound brain injury (termed "anoxic-ischemic encephalopathy"); severely damaging those parts of the brain concerned with cognition, perception, and awareness. While initially fed by means of a nasogastric feeding tube, she eventually received a percutaneous endoscopic gastrostomy (PEG) feeding tube—inserted through the abdominal wall.

The cause of her cardiac arrest has never been determined. For a time, it was believed that her cardiac arrest had been caused by an imbalance of electrolytes in her blood. On admission to hospital, her serum potassium level was noted to be very low, at 2.0 mEq/L; the normal range for adults is 3.5–5.0 mEq/L. It was speculated that her low potassium level had in turn been caused by an eating disorder: her medical chart contained a note that "she apparently has been trying to keep her weight down with dieting by herself, drinking liquids most of the time during the day and drinking about 10–15 glasses of iced tea." However, there has never been any hard evidence that Schiavo had an eating disorder, and the low potassium could have been a spurious result caused by the intravascular administration of fluids during the attempt to resuscitate her.

Rehabilitation efforts and the malpractice suit

Schiavo came home to her family in September; however, after becoming overwhelmed with her needs, the family sent her back to the College Park facility. In November, Mr. Schiavo took his wife to the University of California, San Francisco for an experimental procedure involving the placement of a thalamic stimulator implant in her brain. The experimental treatment took several months but was unsuccessful. Mr. Schiavo returned to Florida with her in January 1991 and admitted his wife to the Mediplex Rehabilitation Center (specializing in brain injuries) in Bradenton, Florida, often "taking her to parks and public places in hopes of sparking some recovery." There she received 24-hour care. On July 19 1991, Schiavo was transferred to the Sable Palms Skilled Care Facility, where she received neurological testing and regular speech and occupational therapy until 1994.

On emerging from coma some two and a half months after her cardiac arrest, Schiavo entered an unusual state of altered consciousness. She regained a sleep-wake cycle, but never exhibited repeatable and consistent awareness of herself or environment. This peculiar state is a recognized consequence of coma following acute brain injury, and was diagnosed by the physicians taking care of Schiavo as a persistent vegetative state (PVS). Dr. Garcia J. Desousa, a board-certified neurologist in St. Petersburg, Florida, cared for Schiavo during her initial admission to hospital; both he and Dr. Victor Gambone, an internist and Schiavo family physician, independently made the diagnosis within approximately one year after Schiavo's cardiac arrest. Other neurologists—Drs. Jeffery M. Karp, James H. Barnhill, and Thomas H. Harrison—also examined Schiavo over the years and made the same diagnosis; they also shared a very poor opinion about her chances for recovery.

No dissent regarding Schiavo's condition or the PVS diagnosis was raised by any parties at this point.

From 1990 to 1993, Mr. Schiavo and the Schindlers enjoyed an amicable relationship. The Schindlers even allowed Mr. Schiavo to live rent free in their condominium for several months. During this time, the Schindlers actively encouraged Mr. Schiavo to "get on with his life." He was encouraged by the Schindlers to date, and he introduced his in-law family to women he was dating. On June 18, 1990, the court appointed Michael Schiavo as his wife's legal guardian; this appointment was not disputed by the Schindlers at the time.

In 1992, Mr. Schiavo, on behalf of his wife and himself, brought a medical malpractice lawsuit against G. Stephen Igel, the obstetrician who had been treating Schiavo for infertility, claiming that his failure to test for an eating disorder had led to her current condition. At the conclusion of the trial, the jury found for the Schiavos and awarded Mrs. Schiavo $1,600,000 in damages and Mr. Schiavo $600,000 for loss of consortium. While on appeal, the case was settled (May 1992) for $700,000 and $300,000, respectively. The court placed Mrs. Schiavo's award in a trust fund, which was controlled by a third party and covered her medical and legal expenses.

During the malpractice trial, Michael testified that he began studying nursing at St. Petersburg College around 1991. When asked why, he explained:

"Because I enjoy it and I want to learn more how to take care of Terri.... I see myself hopefully finishing school and taking care of my wife. ... I want to bring my wife home. ... I married my wife because I love her and I want to spend the rest of my life with her. I'm going to do that."

Eventually, he became a respiratory therapist and emergency room nurse.

Notable court cases in the Terri Schiavo saga

Main article: Selected court cases in the Terri Schiavo case

The Terri Schiavo saga was one of the most well-known court litigation in recent history and has had a lasting impact on the culture of legal, medical, and news media cultures. In addition to having been among the most well known, it was also litigated for many years, in both state and federal court, including litigation of the "Terri's Law" passed by the Florida legislature and the federal "Terri's Law," giving jurisdiction to the federal courts to perform de novo review of the case.

There were many participants, which included, primarily, Terri Schiavo herself, her husband, her immediate family, various guardians ad litem, and the court system itself.

Among the landmark court decisions, those later known as "Schiavo I" through "Schiavo IV" stand out in defining case law standards and legal opinion. Many things were litigated, including, but not limited to, what Terri's wishes were, her chances for improvement or recovery, what medical treatment to give her, and who was most qualified to represent her as guardian.

Government involvement

Main article: Government involvement in the Terri Schiavo case

Both the state and federal government made use of extraordinary measures to support the Schindlers. Earlier, in October of 2003, when the Schindlers' final appeal was exhausted, the Florida Legislature passed "Terri's Law," giving Governor Jeb Bush the authority to intervene in the case. Bush immediately ordered the feeding tube reinserted. At the same time, Robert and Mary Schindler, Terri's parents attempted to intervene and participate in the "Terri's Law" case but were denied by Judge W. Douglas Baird, a Circuit Judge in the Florida 6th Circuit, the same circuit as for Judge, George W Greer. They appealed, and, on February 13, the Florida Second District Court of Appeal (2nd DCA) reversed Baird's ruling, allowing them to participate. On March 17, Baird denied the Schindlers the right to intervene a 2nd time, and the Schindlers appealed once more, with the court scheduling an oral argument date for June 14.

On May 5 2004, Baird found "Terri's Law" unconstitutional and struck in down. Bush appealed this order to the 2nd DCA, but, on May 12, they issued an "Order Relinquishing Case for Entry of Final Judgment and Order to Show Cause Why this Proceeding Should Not be Certified to the Supreme Court As Requiring Immediate Resolution." (Pgs 6 & 7) The 2nd DCA, in sending it directly to the Florida's Supreme Court, invoked "pass through" jurisdiction.

The Schindlers obtained the legal services of the conservative American Center for Law and Justice (ACLJ) nonprofit public interest law firm to represent them in their case; and, on June 14, in an oral argument hearing not covered by any mainstream news media, the Schindlers once again asked the appeals court for the right to participate in the "Terri's Law" case. The Schindlers' other attorney, Pat Anderson, was concurrently challenging Michael Schiavo's right to be Terri's guardian, and, on June 16, she made a petition for writ of Quo Warranto, a pleading that asks "by what right" someone acts in an official capacity. On June 30, the 2nd DCA denied their petition to intervene. Then, on July 7, the Schindlers again were dealt a setback, when Greer dismissed Anderson's Quo Warranto petition, which he had initially considered April 30 2004.

The Florida Supreme Court then overturned the law as unconstitutional. However, following Greer's order on March 18, 2005 to remove the feeding tube, Republicans in the United States Congress subpoenaed both Michael and Terri Schiavo to testify at a congressional hearing. It is contempt of Congress to prevent or discourage congressional witnesses from testifying. The purpose of the subpoenas was thus to postpone the feeding tube removal.

Greer opted to ignore the subpoenas, telling congressional attorneys over a conference call that, "I have had no cogent reason why the (congressional) committee should intervene." He also stated that last-minute action by Congress does not invalidate years of court rulings. Although Senate Majority Leader Bill Frist, Senator Rick Santorum, and Representative Tom Delay, brought the possibility of sanctioning Greer on charges of contempt of Congress, Congress did not attempt to enforce the subpoenas or take any action against Greer.

Palm Sunday Compromise

Main article: Palm Sunday Compromise

Governor Bush and Congressional Republicans anticipated Greer's adverse ruling well before it was delivered and worked on a daily basis to find an alternative means of overturning the legal process by utilizing the authority of the United States Congress. On March 20 2005, the Senate (with only three members present) passed their version of the resolution, followed by the House of Representatives, which came to be called the "Palm Sunday Compromise" (S-686), transferring jurisdiction of the Schiavo case to the federal courts. The bill passed the House on March 21 at 12:41 a.m. EST. President Bush flew to Washington from his vacation in Texas in order to sign the bill into law at 1:11 a.m. EST. As in the state courts, all of the Schindlers' federal petitions and appeals were denied, and the U.S. Supreme Court declined to grant certiorari, effectively ending the Schindlers' legal options.

At the same time, the so-called Schiavo memo surfaced, causing a political firestorm. The memo was written by Brian Darling, the legal counsel to Florida Republican senator Mel Martinez. It suggested the Schiavo case offered "a great political issue" that would appeal to the party's base (core supporters) and could be used against Senator Bill Nelson, a Democrat from Florida who is up for reelection in 2006, because he'd refused to co-sponsor the bill.

On March 24 2005, Greer denied a petition for intervention by the Department of Children & Families (DCF) and signed an order forbidding the department from "taking possession of Theresa Marie Schiavo or removing her" from the hospice and directed "each and every and singular sheriff of the state of Florida" to enforce his order. The order was appealed to the 2nd DCA the following day, which resulted in an automatic stay under state law. While the stay was in effect, Florida Department of Law Enforcement personnel prepared to take custody of Terri and transfer her to a local hospital for reinsertion of the feeding tube. Once Greer was made aware of the stay, he ordered it lifted and all parties stood down. Governor Bush decided to obey the court order despite enormous pressure from the political right. If Bush (or the Florida Legislature) had ignored Greer's order by attempting to remove Schiavo from the hospice, a confrontation between the Pinellas Park Police Department and the FDLE agents could have ensued. In jest, one official said local police discussed, "...whether we had enough officers to hold off the National Guard."

Final stages

On March 26 2005, Bob and Mary Schindler announced their legal options had been exhausted. The next day, Terri was given the Anointing of the Sick ("Last Rites"). In accordance with the Catholic ritual of Viaticum, a drop of consecrated wine was applied to her tongue, but a small piece of the host was unable to be offered as her tongue was too dry. She'd also been given Holy Communion through the feeding tube just before it was removed.

Terri Schiavo died at 9:05 a.m. EST on Thursday, March 31 2005, with her husband Michael at her side. Her parents, who had been denied access to her during her last hours, went to the hospice to visit her when they were informed she might be approaching death; they arrived half an hour after her death. The Schindler family was allowed into the room after Michael Schiavo had left.

Autopsy

Left: Scan of normal 25-year-old's brain; Right: Schiavo's 2002 CT scan at age 38.

After her death, Terri's body was taken to the office of the medical examiner for Pinellas and Pasco counties. The autopsy, led by Dr. Jon Thogmartin, occurred on April 1 2005. Thogmartin also arranged for specialized cardiac and genetic examinations to be made. The official autopsy report was released on June 15 2005. Examination of Terri’s nervous system revealed extensive injury. The brain itself weighed 615 grams, only half the weight expected for a female of her age, height, and weight.

Microscopic examination revealed extensive damage to numerous brain regions, including the cortex, the thalami, the basal nuclei, the hippocampus, the cerebellum, and the midbrain. The neuropathologic changes in her brain were precisely of the type seen in patients who enter a PVS following cardiac arrest. Throughout the cerebral cortex, the large pyramidal neurons that comprise some 70% of cortical cells—critical to the functioning of the cortex—were completely lost. The pattern of damage to the cortex, with injury tending to worsen from the front of the cortex to the back, is also typical. There was marked damage to important relay circuits deep in the brain (the thalami)—another common pathologic hallmark of PVS. The damage was, in the words of Thogmartin, "irreversible, and no amount of therapy or treatment would have regenerated the massive loss of neurons." However, the intensely controversial nature of Terri Schiavo's final years was understood by the medical examiners, as seen by the care with which they worded their report: Dr. Stephen J. Nelson, M.D., P.A., cautioned that "europathologic examination alone of the decedent’s brain – or any brain for that matter – cannot prove or disprove a diagnosis of persistent vegetative state or minimally conscious state." The vegetative state is a behaviorally defined syndrome of complete unawareness, to self and to environment, that occurs in a person who nevertheless experiences wakefulness. As the condition is defined in clinical terms, it can therefore only be diagnosed in persons who, at some point, are shown to meet those clinical terms. Ancillary investigations, such as CT scans, MRI, EEGs, and lately fMRI and PET scanning, may only provide support for the clinical impression—as might the pathologic findings, after death. In the case of Terri Schiavo, seven of the eight neurologists who examined her in her last years stated that she met the clinical criteria for PVS; the serial CT scans, EEGs, the one MRI, and finally, the pathologic findings, were consistent with that diagnosis.

The cause of the cardiac arrest which felled Terri 15 years before she died has never been determined. Aside from a localized, healed inflammation, the cardiac pathologist who studied Schiavo's heart found it and the coronary vessels to be healthy. Although it was widely speculated that Schiavo suffered from an eating disorder that caused a serious electrolyte disturbance, stopping her heart, the autopsy itself showed little evidence to support this claim. The examiners also found no evidence that Schiavo had been the victim of trauma or foul play.

Regarding the cause and manner of Terri’s death, Thogmartin wrote, "Mrs. Schiavo suffered severe anoxic brain injury. The cause of which cannot be determined with reasonable medical certainty. The manner of death will therefore be certified as undetermined."

Memorial

File:SylvanAbbey.jpg
Sylvan Abbey Memorial Park. Click on any image to enlarge.
A close look at Terri's grave stone. Click on image to make it larger.

Schiavo's body was cremated following the autopsy.

Her parents offered a memorial Mass for her at the Holy Name of Jesus Catholic Church in Gulfport on April 5. Father Frank Pavone, an activist with Priests for Life, delivered the main sermon (Audio: MP3 Format).

On May 7, Schiavo's parents made public a complaint that they hadn't been informed of when and where the ashes of their daughter had been (or were to be) buried by Michael Schiavo. He was under court order to provide this information to them.

On June 20, the cremated remains of Terri Schiavo were buried. The ceremony was fifteen minutes long and took place in a heavy rainstorm. A blue urn containing the ashes was placed in a lead box, along with mementos. The Schindlers' attorney stated that the family was notified by fax only after the memorial service; by then, the family had already started getting calls from reporters.

The ashes were interred under an oak tree near a pond and fountain at Sylvan Abbey Memorial Park in Clearwater, Florida. Behind the grave marker sits a polished stone bench inscribed with the name "Schiavo.".

Disputed opinions

David Gibbs III, the lead lawyer for Terri’s parents, supported Vatican statements which condemned her treatment as euthanasia. Pope John Paul II stated health care providers are morally obligated to provide food and water to patients in persistent vegetative states. This led to a challenge by her parents, who requested a new trial about whether their daughter, as a devout Catholic, would wish to go against the Church's teaching. Greer rejected their request.

During a trial in 2000, testimony was heard from witnesses on both sides to establish Schiavo's wishes regarding life support. The court determined that she'd made "credible and reliable" statements that she wouldn't want to be "kept alive on a machine," based on expert testimony, finding Americans don't want to live "with no hope of improvement," and that her condition in a persistent vegetative state had "long since satisfied" the requirement that there be no hope of improvement. In his report, Dr. Jay Wolfson, the 3rd guardian ad litem appointed by the courts, said "the reasonable degree of medical certainty associated with her diagnosis and prognosis is very high."

Public opinion and activism

Main article: Public opinion and activism in the Terri Schiavo case

The Terri Schiavo case held the attention of both American and international audiences and had major political ramifications. A number of polls of public opinion were carried out, particularly on the question of federal involvement in the Terri Schiavo case, with conflicting results. The case drew notable figures on both sides of the debate, as well as many pressure groups and public protesters. Although the vast majority of protests were nonviolent, 2 of the more extreme acts included death threats aimed towards Michael Schiavo. The Schindlers' legal fight was funded by a variety of sources on the political right.

On March 11, 2005, media tycoon Robert Herring (who believes that stem cell research could've cured Schiavo's condition) offered one million dollars to Michael Schiavo if he agreed to waive his guardianship to his wife's parents. The offer was rejected. George Felos, attorney for Michael, described the offer as "offensive," adding that Michael had rejected other monetary offers, including one of 10 million dollars.

During the final stages of the court battle in March 2005, around 30 individuals made a variety of complaints to the DCF alleging various abuses. These included Terri supposedly being in pain from recent dental work, Terri not having had any dental work for years, and even the blinds in her room not being open wide enough. DCF investigators found the claims to be groundless, stating that there were "no indicators" of abuse in any of the cases and concluding that "he preponderance of the evidence shows that Michael Schiavo followed doctors' orders Ms. Schiavo's diagnosis of being in a persistent vegetative state and that he provided her with appropriate care."

Notes and references

  1. Felos, George J., Esq. "RESPONDENT MICHAEL SCHIAVO'S OPPOSITION TO APPLICATION FOR INJUNCTION," Case No.: 04A-825, March 24 2005 link
  2. Campo-Flores, Arian. "The Legacy of Terri Schiavo," Newsweek, April 4 2005 link
  3. Nair, Sandya. "Terri Schiavo case reveals the dangers of eating disorders," The Johns Hopkins Newsletter, March 24 2005 link
  4. Chachere, Vickie. "Eating disorder is 'lost lesson' in Schiavo case," Associated Press, March 1 2005 link
  5. Pariente, Barbara, Chief Justice (for The Court). "JEB BUSH, Governor of Florida, et al., vs. MICHAEL SCHIAVO, Guardian of Theresa Schiavo," Case Number: SC04-925, Florida Supreme Court, September 23 2004 link
  6. Wolfson, Jay, DrPH, JD. "A REPORT TO GOVERNOR JEB BUSH AND THE 6TH JUDICIAL CIRCUIT IN THE MATTER OF THERESA MARIE SCHIAVO," Abstract Appeal Legal Blog, December 1 2003 link
  7. Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated," File No. 90-2908GD-003, Fla. 6th Judicial Circuit, February 11 2000 link
  8. Gerbino, Joanne, Court Reporter. Transcript regarding "BARNETT BANK TRUST COMPANY as Guardian of the Property of THERESA SCHIAVO and MICHAEL SCHIAVO, individually, Plaintiffs, vs. G. STEPHEN IGEL, M.D., Defendant," CASE NO. 92-939-15, Purple Kangaroo Angela Web log, November 5 1992 link
  9. State of Florida. House Bill No. 35-E, which later was passed into Law as Florida Public Law, Chapter 2003-418, commonly known as "Terri's Law," link
  10. David, Charles A., Jr., Judge (for The Court). "ROBERT SCHINDLER and MARY SCHINDLER, parents of THERESA MARIE SCHIAVO, Appellants, v. MICHAEL SCHIAVO, as Guardian of the person of THERESA MARIE SCHIAVO, Appellee," Case Number: 2D03-5200, Florida Second District Court of Appeal, February 13 2004 link
  11. Reynolds, Dave, Inclusion Daily Express. "Judge Baird Again Denies Schindlers' Request To Intervene In "Terri's Law" Case," Fla. Minnesota Governor's Council on Developmental Disabilities, March 17 2004 link
  12. State of Florida. "Case Docket," Case Number: 2D04-1528, Florida Second District Court of Appeal, link
  13. Baird, W. Douglas, Circuit Judge. "Michael SCHIAVO, as Guardian of the person of Theresa Marie Schiavo, Petitioner, v. Jeb BUSH, Governor of the State of Florida, and Charlie Crist, Attorney General of the State of Florida, Respondents," Case No. 03-008212-CI-20, Fla. 6th Judicial Circuit, May 5 2005 link
  14. Birkhold, James, Clerk (for The Court). "Order Relinquishing Case for Entry of Final Judgment and Order to Show Cause Why this Proceeding Should Not be Certified to the Supreme Court As Requiring Immediate Resolution," Case Number: 2D04-2045, Florida Second District Court of Appeal, May 12 2004 (Pages 6 & 7 of the 7-page Brief at the link following) link
  15. Conigliaro, Matt, Esq. "Schiavo News," Abstract Appeal Legal Web Log, June 10 2004 link
  16. Sanford, Sanford. "Schindlers at hearing in Lakeland-June 14,2004," Saving Terri Schiavo Web Log, June 14 2005 link
  17. From Staff Reports. (Watts, Gordon W., Editor-in-Chief) "Lakeland Appeals Court holds Oral Arguments for Terri's Law," The Register, June 14 2004 link mirror link
  18. Ford, Cheryl, R.N. "News Coverage of Terri Schiavo's family's challenge to Mike Schiavo's guardianship," The Register, June 16 2004 link mirror link
  19. State of Florida. "Case Docket," Case Number: 2D04-1528, Florida Second District Court of Appeal, link
  20. Foster, Sarah. "Judge dismisses Schindlers' petition: Court asked to explain Schiavo's guardianship in face of ongoing neglect," World Net Daily, July 9 2004 link
  21. Pariente, Barbara, Chief Justice (for The Court). "JEB BUSH, Governor of Florida, et al., Appellants, vs. MICHAEL SCHIAVO, Guardian of Theresa Schiavo, Appellee," Case Number: SC04-925, Florida Supreme Court, September 23 2004 link
  22. Davis, Tom, Chairman, (for The Committee). "SUBPOENA," Committee on Government Reform, U.S. House of Representatives, March 18 2005 link
  23. An Unsigned News Story. "Docs Remove Terri Schiavo's Feeding Tube: Tube Was Scheduled To Be Removed Friday," CBS 2 Chicago, WBBM-TV, March 17 2005 link
  24. An Unsigned "AP" News Story. "Schiavo's feeding tube removed despite congressional intervention," USA Today, March 18 2005 link
  25. An Unsigned "AP" News Story. "Schiavo's Feeding Tube Removed," TBO.com News, March 18 2005 link
  26. Farrington, Brendan. "Lawyers for Bush, lawmakers worked at exhausting pace on Schiavo," The Associated Press, May 24 2005 link
  27. An Unsigned News Story. "GOP memo says issue offers political rewards," The Washington Post, April 4 2005 link
  28. An Unsigned "AP" News Story. "KCBS Report: State Tried Schiavo Grab," WCBS-TV, March 26 2005 (WCBS-TV New York, reprinting a KCBS-TV Los Angeles Story) link
  29. An Unsigned News Story. "Attorney: Terri's husband cradled her: 'It was a very emotional moment for many of us there'," CNN, April 1 2005 link
  30. Breed, Allen G. "Terri Schiavo's final moments with husband," The Associated Press, March 30 2005 link
  31. Thogmartin, Jon R., M.D. "REPORT OF AUTOPSY" for Theresa Schiavo, Case #5050439, June 13 2005 link
  32. Phillips, Rich, Producer. "Autopsy: No sign Schiavo was abused: Findings show woman's brain 'profoundly atrophied'," CNN, June 17 2005 link
  33. Thogmartin, Jon R., M.D. "REPORT OF AUTOPSY" for Theresa Schiavo, Case #5050439, June 13 2005 link
  34. Pavone, Frank A. "Father Frank A. Pavone - Biography," Priests for Life, link
  35. By Times Staff. "Schiavo's parents planning a funeral Mass for today," Saint Petersburg Times, April 5 2005 link
  36. Stacy, Mitch. "Schiavo's Remains Buried Amid Acrimony: Acrimony Between Terri Schiavo's Parents and Husband Continues As Her Remains Buried in Florida," Associated Press, June 21 2005 link
  37. Brink, Graham and Fries, Jacob. "A nearby resting place," Saint Petersburg Times, June 21 2005 link
  38. Moore, Waveney Ann. "The Terri Schiavo Case: Vatican official enters Schiavo feeding tube fray," Saint Petersburg Times, February 26 2005 link
  39. Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated," File No. 90-2908GD-003, Fla. 6th Judicial Circuit, February 11 2000 link
  40. Wolfson, Jay, DrPH, JD. "A REPORT TO GOVERNOR JEB BUSH AND THE 6TH JUDICIAL CIRCUIT IN THE MATTER OF THERESA MARIE SCHIAVO," Abstract Appeal Legal Blog, December 1 2003 link
  41. Zúniga, Markos Moulitsas. "Money Trail in the Schiavo Case: Bioethics for Sale?," The Daily Kos, March 22 2005 link
  42. Allred, Gloria, Esq. "Statement from Gloria Allred, Attorney-at-Law, Representing Robert Herring, Sr.:," Christian Wire Service, March 10 2005 link
  43. Tisch, Chris and Krueger, Curtis. "Schiavo abuse claims were old," Saint Petersburg Times, June 4 2005 link

External links

Compilations

(legal documents relating to the Schiavo case)

Information sites

Articles

  • "Before fight over death, Terri Schiavo had a life." CNN. October 25 2003.
  • Fackelmann, Kathleen. "Schiavo not likely to experience a painful death, neurologists say." USA Today. March 23 2005.
  • Kumar, Anita. "The Terri Schiavo case: Before the circus." St. Petersburg Times. April 3 2005.
  • Quill, Timothy E., MD. "Terri Schiavo—A Tragedy Compounded." New England Journal of Medicine. 21 April 2005.
  • Rufty, Bill. "Doctors lament misuse of proper terminology in Schiavo debate." The Ledger. March 23 2005.
  • Shannon, Thomas A. and Walter, James J. "Artificial nutrition, hydration: Assessing papal statement." National Catholic Reporter. April 16 2004
  • Watts, Gordon W. "Living Wills: Unexpected Weaknesses." The Register, 11 April 2005.
  • Wilson, Jamie. "Schiavo autopsy vindicates husband." The Guardian, June 16 2005.

Advocacy and commentary

Opposing removal of Terri Schiavo's feeding tube

             

Supporting removal of Terri Schiavo's feeding tube

             

Religious Commentary on Schiavo, Disability Issues

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