Terri Schiavo case - Misplaced Pages

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File:Terri schiavo and mom.jpg

Terri Schiavo and her mother.

Terri Schiavo (born Theresa Marie Schindler on December 3, 1963) is a severely brain damaged American woman whose estranged husband's efforts to remove her feeding tube and forbid anyone from attempting to feed her by mouth have prompted a fierce debate over euthanasia, domestic violence, guardianship, and the rights of the disabled.

Michael Schiavo, Terri Schiavo's husband, is her legal guardian. Since 1995 he has lived with another woman, with whom he has two children. He contends that Terri is in a persistent vegetative state and that he is carrying out her wishes to not be kept alive in that state.

Terri Schiavo's family (parents and siblings) contest both of Michael's claims. They say she is responsive and in no discomfort, that her condition does not meet the medical definition of "vegetative," and that she would not wish to die. They have also contend that Terri was a victim of domestic violence, both before and after her injury, and that Michael does not have her best interests at heart. They seek to revoke his legal guardianship of Terri.

Although the courts that have heard this case have generally sided with Michael Schiavo, her family has vigorously appealed the courts' decisions and sought to prevent her death. Numerous disability rights organizations , religious organizations, the Florida legislature, and even the United States Congress have joined the legal battle, siding with Terri's family. The ACLU also joined the legal battle, siding with Michael Schiavo.

Schiavo's condition

Terri's condition and prognosis are matters of dispute. Michael contends that she is "a vegetable" or "in a vegetative state." Disability Rights advocates contend that "vegetable" is an offensive slur against the mentally disabled. The medical definition of a vegetative state varies, but Stedman's definition is a state "in which an individual is incapable of voluntary or purposeful acts and only responds reflexively to painful stimuli." Terri's family claims that she does not meet that definition. The only facts which appear not be in dispute are that she is not in a coma, she is severely brain damaged, and she is partially blind. She is currently being fed through a gastric feeding tube, which is the life support mechanism around which the case revolves, though whether she could, instead, be spoon-fed is disputed.

Her family and medical experts who support their position claim that she smiles, laughs, cries, moves, and makes child-like attempts at speech. Sometimes she has been reported to say "Mom" or "Dad" or "yeah" when her parents ask her a question. When they kiss her, they claim she looks at them and sometimes "puckers up" her lips. (audio). They cite the testimony and affidavits of 33 physicians and therapists (including 15 neurologists), who, after reviewing Terri's case or examining her, believe that Terri should receive further tests and/or would likely respond to therapy. Some of these physicians have claimed that there is a "strong likelihood that Terri is in a minimally conscious state."

Michael Schiavo, along with other physicians and therapists, contend that she is in a persistent vegetative state (PVS), that her occasional apparent responses are actually reflex or random behavior common to PVS patients, and that therapy would be fruitless. Accordingly, Michael ceased therapy for her in late 1992.

In 2002, a trial was held to determine whether or not any new therapy treatments would help Terri Schiavo restore any cognitive function. A new CAT scan was done, but Michael has never permitted Terri to have an MRI and or a PET (Positron Emission Tomography) scan. Two doctors were selected by her parents, two by her husband, and one was appointed by the court. These five doctors examined the records, scans, videos, and Terri herself. The physicians were divided in their conclusions, but Judge Greer ruled that her state of PVS was beyond hope of significant improvement. The second district court of appeals upheld the trial court's decision.

Cause

On the morning of February 25, 1990, at approximately 5:30 AM, Terri Schiavo collapsed in her home, resulting in irreversible brain damage from a lack of oxygen. According to her discharge summary from Humana hospital , Terri Schiavo suffered cardiac arrest and anoxic brain damage, accompanied by hypopotassemia, seizures, respiratory failure, and an injured knee. The cause of her cardiac arrest was undetermined, but myocardial infarction ("heart attack") was not believed to be the cause because her enzymes were not elevated and her EKG was normal. A bone scan done one year after her injury showed that she had also suffered previous traumatic injuries to her ribs, back, right thigh, both knees, and both ankles, but this information was unknown to her family until November, 2002, and was not revealed during the malpractice trial. At the malpractice trial, a jury concluded that Terri suffered from bulimia, exacerbated by her drinking up to a gallon of iced tea, which caused severe hypopotassemia (a chemical imbalance), which caused cardiac arrest. Judge Greer and Florida's Second District court have upheld the finding that Terri suffered a cardiac arrest as a result of a potassium imbalance. However, neurologist Wm Hammesfahr has suggested that the cause might have been strangulation .

After the family discovered the bone scan report, they petitioned Judge Greer for a full evidentiary hearing to evaluate the new evidence, but On Nov. 22, 2002 Judge Greer denied their motion.

Terri's family, Dr. Hammesfahr, forensic pathologist Dr. Michael Baden, and others have suggested that she was battered, presumably by the person with whom she was alone at the time of her collapse: her husband. According to testimony from her brother and one of her co-workers, the couple was having marital problems at the time of her injury, and Terri had told them that she was considering divorce.. Her friend also said the couple fought heavily the day before her collapse over the expense of Terri's hair cut. Other witnesses say that Michael had a history of violent and erratic behavior , that when she collapsed he did not promptly seek medical assistance for her, and that, despite his CPR training, he left her face-down on the floor, gasping for air. Additionally, nurses who cared for Terri have sworn in affidavits that Michael was abusive to her after her collapse, as well

The Florida Department of Children and Families has begun an investigation of the abuse allegations. Previous investigations have found Michael Schiavo innocent. (Report of Guardian ad Litem Wolfson )

Guardianship

Michael Schiavo is Terri's legal guardian, but her family seeks his removal as guardian, so that they can assume responsibility for Terri's care. Michael has successfully fought those efforts in court.

In a September 27, 1999 deposition, he told why he refused to turn over guardianship to Terri's parents. He said it was, "because they put me through pretty much hell the last few years the litigations they put me through their attitude towards me because of the litigations. There is no other reason." After consultation with his attorney, he later added that "another reason would be that her parents wouldn't carry out her wishes."

Controversy

The fundamental differences on both sides of the issue are focused mainly upon the disputed medical evidence presented by each side. Even though the courts have consistently ruled that, as her husband and legal guardian, Michael Schiavo has the legal right to decide her medical treatment, her family members have nonetheless used every legal measure available to them to prevent her death.

Raising the issue of a possible conflict of interest is the fact that Michael Schiavo stands to inherit the remainder of Terri's malpractice settlement upon her death.

Terri's family has been battling her husband over her fate since 1993. Although she never wrote a living will expressing a wish to refuse nutrition or medical treatment if disabled, Michael claims that he recalls conversations they had had which make him sure she would not want to continue living in such a state, and two of his relatives have supported that claim.

However, her family disputes his recollections, claiming that Terri is a devout Roman Catholic who would not wish to violate the Church's teachings on euthanasia by intentionally starving or dehydrating herself to death, and that she apparently never expressed such a desire to anyone in her own family or circle of friends. It was only after the courts awarded more than $1 million in legal settlements (mostly to cover the cost of her long term care and rehabilitation) that Michael first publicly recalled conversations in which Terri had expressed a wish to die rather than live in the condition in which she now finds herself. Her family also cites an affidavit by a woman with whom he had a relationship prior to those legal settlements, indicating that Michael told her repeatedly that he did not know what Terri's wishes would be for her care.

Terri's father, Robert Schindler, has stated that Florida Judge George W. Greer, who has pronounced the most recent decisions in the case, and who also appointed himself Terri's guardian ad litem (which Terri's family says was illegal), has never called her into the courtroom or visited her to observe her condition first-hand. Schindler feels that if Terri dies in accordance with the court order, that it will be an instance of "judicial homicide."

Michael Schiavo says that Terri Schiavo would not have wanted to live "as a vegetable," and that he is fighting for her "right to die." As the legal guardian of Terri, he has placed strict limits on the time her family is allowed to visit her, and he has refused to allow her to undergo any sort of therapy; instead, he had Terri placed in hospice, though she is not terminally ill.

Legal involvement and "Terri's Law"

In 2004, Michael Schiavo won a court case to have her feeding tube removed, which would have resulted in her death by dehydration or starvation. Six days later, the Florida Legislature, in emergency session, passed "Terri's law", giving Florida Governor Jeb Bush the authority to intervene in the case. Governor Bush immediately ordered the feeding tube reinserted.

During the six days that Terri's feeding tube was removed, Michael prohibited any attempt to feed her orally, and refused to allow a priest to place a small part of a sacramental wafer on her tongue during Holy Communion.

On May 19, 2004, Florida Judge W. Douglas Baird overturned the law saying that it "summarily deprived Florida citizens of their right to privacy."

Governor Bush appealed the ruling to the Florida Supreme Court and on September 23, 2004 they reached a unanimous decision , ruling that the legislature and executive branches of government unconstitutionally intervened in a judicial matter. The appellants immediately appealed to the United States Supreme Court.

On January 24, 2005, the U.S. Supreme Court refused to hear the case, ending any further legal avenue for appeal.

Recent developments

On February 25, 2005, Judge Greer ruled that Michael Schiavo may order the feeding tube removed on March 18, 2005. The Florida Department of Children and Families is also attempting to intervene by investigating allegations of abuse by Michael Schiavo. This could have resulted in a 60-day delay before the feeding tube was removed, but the request for the delay was denied on March 10. Similarly, their request to be permitted to attempt to spoon-feed Terri if the feeding tube is removed was denied on March 8.

Members of the Florida Legislature are considering a bill that would make removing food and water illegal without a living will. How this will affect the current court rulings remains unclear.

Congress is also considering a bill to prevent Terri's death, called "The Incapacitated Person's Legal Protection Act" (H.R.1151, S.539). The primary sponsor of the House bill, H.R. 1151, is Florida Rep. Dave Weldon, a physician. Dr. Weldon says that medical evidence "prove Terri is not in a vegatative state."

On March 11, 2005, media tycoon Robert Herring offered US$1 million to Terri Schavio's husband if he agrees to sign all rights to her parents. The offer expires on March 14th, 4 days before her feeding tube is scheduled to be removed. Robert Herring is a supporter of stem cell research who believes her condition could be curable in the future. Michael Schiavo's attorney, George J. Felos, a pro-euthanasia activist, has stated that his client finds the offer "offensive" and that he has already rejected other monetary offers, including one of US$10 million, to sign over his rights to Terri.