Emergency Stay Issued For Terry Schaivo

[krisy]

Well,she gets to live another day. I will never understand how someone could be legally starved to death. This case eats me alive.

http://www.foxnews.com/story/0,2933,148366,00.html

 

[dilloduck]

Well,she gets to live another day. I will never understand how someone could be legally starved to death. This case eats me alive.

http://www.foxnews.com/story/0,2933,148366,00.html

Some people can't stand thinking about her condition--they would rather she die so they don't have to think.

 

[krisy]

I heard a little piece on Fox about this earlier,and they said something about some docs feeling different than others about her. Her poor parents must be totally drained. They are good parents though,they are doing what a parent should. They believe she has some kind of brain function and can maybe even be happy. She does smile,and some doctors call it a reflex. My question is-isn't smiling a reflex for everyone when they are happy? Her hubby is a prick.

 

[Annie]

'extraordinary means' should not mean food and fluids. I'm all for a DNR order, meaning paddles or surgery, etc. But food and fluids? Sorry, that is murder or in other words, assisted suicide when the victim has a say, which Terry does not.

 

[CivilLiberty]

Some people can't stand thinking about her condition--they would rather she die so they don't have to think.

She IS dead. She's been brain dead for years.

A

 

[Avatar4321]

She IS dead. She's been brain dead for years.

A

If she was brain dead she wouldnt have to be starved.

 

[Hobbit]

She IS dead. She's been brain dead for years.

A

Medically, brain death does not occur unless the heart and lungs are incapable of functioning without life support or if a totally negative EKG comes up. Terry can breathe on her own and has brian activity on her EKG. She just isn't concious. There was a girl just a couple of weeks ago who woke up after having been in Shaivo's condition for 20 years. She's a little confused and is having to cope with having both missed and aged 20 years, but she's quite happy to be alive. Terry's only been that way for 15.

I hope for one of two things.

1) She up and croaks before they can pull the tube. This prevents the courts from setting a bad precedent.

2) She wakes up so she can divorce and chastise her scumbag of a husband.

If I ever met that punk, I'd punch him in the face. He's only trying to do this for the insurance money.

 

[krisy]

She IS dead. She's been brain dead for years.

A

Apparently,that is nothing but an opnion. According to this article,her parents say they have affidavits that say she can recover with therapy.




http://www.cnn.com/2003/LAW/10/21/coma.woman/

Her husband also has a shady past. His own psychiatrist even finds him to have been an abusive husband. He stands to recieve almost a million dollars when they pull the plug. Not to mention,why would a man never want the doctors to even TRY to rehiblitate her? If you loved your wife,child,mother whatever,wouldn't you want to at least try for a little while to see if there is ANY response? I think he had something to hide. The worst thing about it is starving her to death-This has now been made illegal in Florida. On top of that,judges are ignoring her parents who firmly believe that she would not have wanted to be starved to death or have the "plug" pulled. With no parerwork,Schaivo"s word means no more than her parents,and the side of life should be taken.

 

[dilloduck]

She IS dead. She's been brain dead for years.

A

Bullshit----why aren't you fighting for her rights to live??? This is right up there with your dumbass abortion arguments. yes--that was an ad hominem.

 

[krisy]

Bullshit----why aren't you fighting for her rights to live??? This is right up there with your dumbass abortion arguments. yes--that was an ad hominem.

I guess some have it backwards. Let the murderers live in jail,while the victims families live the rest of their lives without their loved one, and pull the plug on innocent peoplethat may have a chance. I am anxious to find out what happens today.

 

[Avatar4321]

I just heard the argument in support of Terry living. The lawyer is arguing a 14th amendment argument. Terry is a living citizen, just because she is incapacitated doesnt mean the government can deny her protection. pretty good argument if i do say so.

 

[CivilLiberty]

Medically, brain death does not occur unless the heart and lungs are incapable of functioning without life support or if a totally negative EKG comes up. Terry can breathe on her own and has brian activity on her EKG. She just isn't concious. There was a girl just a couple of weeks ago who woke up after having been in Shaivo's condition for 20 years. She's a little confused and is having to cope with having both missed and aged 20 years, but she's quite happy to be alive. Terry's only been that way for 15.

Yep, my error - I was thinking of another case involving actual brain death. I suppose I could have read the article I wrote on Terry's case last year, to refresh my memory:




------------------------------------------------------

Background: Terry Schiavo’s Right To Live or Die - REVISED


Does Terry's Husband Have The Right To End Her Life?
By Andrew Somers

The History:

Terry Schiavo suffered severe brain damage in 1990 following a heart attack. The brain damage left her unable to care for herself so for the last 13 years she’s had a feeding tube in her mouth for nutrients and fluids.

Terry was awarded a substantial malpractice settlement for the improperly diagnosed potassium deficiency that led to the heart attack and collapse which damaged her brain. The settlement was for continuation of her care and rehabilitation, among other things.

Many forms of rehabilitation were attempted in the first years of Terry's condition, but she did not respond or recover. It is reported that nearly all of the settlement has now been spent on rehabilitation attempts, and continuing care.

Terry is now in a hospice. Several doctors, including those appointed by the courts, have pronounced her to be in a "persistent vegetative state". However Terry parents have hired doctors that claim that Terry has a consciousness.

Terry is unable to eat or swallow, and is being kept alive by means of a feeding tube. Her husband, Michael Schiavo has sought for years to remove the feeding tube and allow Terry “die naturally”. In other words to starve to death.

The issue has made it’s way through the Florida courts, and in June of 2003, the Second District Court of Appeal affirmed the trial court's ruling that would allow Michael to have the feeding tube removed from Terry.

On October 20, 2003 the Florida Legislature passed bill 35E, which empowered Governor Jeb Bush to issue executive order 03-201, which he did the following day. His executive order required that doctors replace the feeding tube and continue to provide medical attention as needed.


The Issues and Controversy:

First, the question is does Terry have a right to die? If her brain was in fact dead, and she were unable to breath without artificial respiration, then there would be little question. Indeed the cessation of brain functions has long been held as justification for removal of life support.

But in the case of Terry, her brain is still functioning, though at a very low level - she cannot swallow food, or communicate with those in the room. Most doctors say she is in what they call PVS or “persistent vegetative state"

Despite this, she apparently is still able to make eye contact and respond, though in primitive ways, to those in the room. - or is she? There is great controversy over this. Terry's parents (who are fighting to prevent Terry's feeding tube from being removed) illegally made a video tape of Terry that appears to show Terry responding to outside stimulus.


Does Terry's Husband Have The Right To End Her Life?

I’ve seen some of this video of Terry - she appears to be conscious and possibly even making eye contact. This is a bit unlike a person on a respirator in a permanent coma. Doctors hired by Terry's parents believe that she could be rehabilitated to swallow food on her own.

But experts point out that these "reactions" are nothing more than random motor reflexes, and not indicative of real consciousness. Indeed, of nearly 4 and a half hours of video taken by Terry parents, they are only showing a few seconds that "appear" to be conscious moments.

The malpractice award is also part of the controversy. If Terry dies, her husband Michael will then receive the balance of the remaining money, though there is little left. Nevertheless, if Michael stands a significant financial gain, does he really have Terry’s true interests at heart? Is his role as guardian suspect because he stands to profit from her death? Terry's parents say so, but Michael points out that he's willing to donate Terry's money to charity.

At the same time, are Terry’s family really just kidding themselves regarding Terry’s true condition? Are her responses really just motor or automatic reflexes?

Terry did not have a “living will” - a document that gives permission to remove life supporting treatment under certain circumstances, such as when there is no hope for recovery.

Again, the courts have looked at this over the years, and found that Michael as guardian has the right to remove life sustaining treatment from Terry. However Governor Bush’s order overrides the court’s decision; the issue here is if the governor and legislature have the constitutional power to supersede the court’s ruling.

Certainly some of the difficulty here is whether her state is truly a “persistent vegetative state”. Doctors appointed by the court, and by Michael say yes. Doctors retained by Terry’s family say no.

Some of the most dangerous aspects of euthanasia were seen under the regime of Nazi Germany where people with retardation and other serious disabilities were “euthanized”, though today we can easily call that murder. But where is the line drawn from “euthanization” to “murder” in today’s society? This is one reason we must always proceed with caution in this area.

In the absence of a living will, or an absolutely clear declaration by the individual, should the line be drawn at the “absolutely brain dead” - that is, those who cannot survive without an external respirator and are in a permanent coma? Even the definition of brain death has its controversy, as this article points out.

But while we can say that Terry has a right to die, without a clear indication from her, how can we say for sure that she has to die?

Michael states that it would have been her wish, and 19 judges in 6 courts have studied the case at length and concurred that Michael is indeed acting on Terry's best interest.


Status:

Governor Jeb Bush’s order provides that the feeding tube, and other needed medical care be given to Terry. It also allows for the courts to appoint another guardian.

---------
Andy

 

[Hobbit]

I've heard an update on the case involving an interview with Terry Schaivo's sister. Terry has NOT recieved a single bit of rehabilitation. Some of the settlement money has been spent on, basically, room and board for her, but half of it has been spent paying the lawyer to get her killed. By order of Michael Schaivo, Terry cannot see any doctor other than the one he hired, cannot go to any social area, cannot watch TV, and cannot recieve any 'unnecessary' stimulation of any kind. She has had 4 teeth pulled because Michael refuses to allow her even a simple dental checkup from time to time. She hasn't recieved an annual 'feminine' checkup in several years. She recently got an infection, but once again, the noble husband steps in to refuse antibiotic treatment. Dozens of organizations have stepped in saying that they'll pay him huge sums of money, no questions asked, if he will allow her to live in the custody of her parents. He has turned every one of them down. Recently released documents show that she has responded to many stimuli, including cries of pain which were found to be in response to broken bones. She talks, too. It's as if she's talking in a dream, but she forms complete sentences, like "No, don't!" and "Stop!" The original judge, Greer, has ruled all of this evidence "irrelevant." This guy has something horrible to hide. The crooked lawyer is a 'right to death' advocate and wants another notch in his briefcase. I have a feeling the doctor was paid off, and possibly the judge, too.

She frickin' FEELS PAIN! When they pull that feeding tube, you know that [long string of profanity] husband of hers won't even spring for morphine. She'll be groaning and crying in pain for TWO WEEKS as she slowly starves! If this was an animal, PETA would be all over this thing. I hope she wakes up and tells everyone what he's trying to cover and that he rots in prison for the rest of his life. I'd even pay to see gang beatings in the exercise yard. This is nothing better than a contract killing via the legal system, and, to be perfectly honest, I'd probably kill Michael Schaivo if I had the chance.

Oh, and did I mention they had to threaten Schaivo's ex-girlfriend (the one he dated not long after Terry went comatose) with jailtime to get her to testify because she was afraid of him? Schaivo's also been quoted as saying, "Is the b**** dead yet?"




BTW, she's been given until Friday now, since the family has considerable evidence that she can recover. If you're religious, pray. If you're not religious, pray anyway.

 

[krisy]

I've heard an update on the case involving an interview with Terry Schaivo's sister. Terry has NOT recieved a single bit of rehabilitation. Some of the settlement money has been spent on, basically, room and board for her, but half of it has been spent paying the lawyer to get her killed. By order of Michael Schaivo, Terry cannot see any doctor other than the one he hired, cannot go to any social area, cannot watch TV, and cannot recieve any 'unnecessary' stimulation of any kind. She has had 4 teeth pulled because Michael refuses to allow her even a simple dental checkup from time to time. She hasn't recieved an annual 'feminine' checkup in several years. She recently got an infection, but once again, the noble husband steps in to refuse antibiotic treatment. Dozens of organizations have stepped in saying that they'll pay him huge sums of money, no questions asked, if he will allow her to live in the custody of her parents. He has turned every one of them down. Recently released documents show that she has responded to many stimuli, including cries of pain which were found to be in response to broken bones. She talks, too. It's as if she's talking in a dream, but she forms complete sentences, like "No, don't!" and "Stop!" The original judge, Greer, has ruled all of this evidence "irrelevant." This guy has something horrible to hide. The crooked lawyer is a 'right to death' advocate and wants another notch in his briefcase. I have a feeling the doctor was paid off, and possibly the judge, too.

She frickin' FEELS PAIN! When they pull that feeding tube, you know that [long string of profanity] husband of hers won't even spring for morphine. She'll be groaning and crying in pain for TWO WEEKS as she slowly starves! If this was an animal, PETA would be all over this thing. I hope she wakes up and tells everyone what he's trying to cover and that he rots in prison for the rest of his life. I'd even pay to see gang beatings in the exercise yard. This is nothing better than a contract killing via the legal system, and, to be perfectly honest, I'd probably kill Michael Schaivo if I had the chance.

Oh, and did I mention they had to threaten Schaivo's ex-girlfriend (the one he dated not long after Terry went comatose) with jailtime to get her to testify because she was afraid of him? Schaivo's also been quoted as saying, "Is the b**** dead yet?"




BTW, she's been given until Friday now, since the family has considerable evidence that she can recover. If you're religious, pray. If you're not religious, pray anyway.

This sickens me. How pulling the feeding tube could even be considered is just beyond comprehension to me. Of course,when I first found out what abortion is at the age of about 9 or 10,I felt the same way.I though-"this is legal?!!!" I cannot believe that bells are not going off to these judges that this man is hiding something. With everything else in life,all your hear about is contracts,paperwork and signatures for something to be legal,yet someone is taking this asswipes word for it.

 

[Trigg]

On a personnal note.

I would not want to be in a persistant vegatative state for 15 yrs. Let me die.

I would want my husband to try rehabilitation for a time, but 15 YEARS??? NO THANK YOU.

 

[dilloduck]

On a personnal note.

I would not want to be in a persistant vegatative state for 15 yrs. Let me die.

I would want my husband to try rehabilitation for a time, but 15 YEARS??? NO THANK YOU.

Be SURE to leave LEGAL documentation !!!!!!!!!!!!!!!!!!

 

[krisy]

On a personnal note.

I would not want to be in a persistant vegatative state for 15 yrs. Let me die.

I would want my husband to try rehabilitation for a time, but 15 YEARS??? NO THANK YOU.

The problem is that he NEVER tried or wanted too. Not letting her get a dental check up? Come on!!!

 

[krisy]

The judge just extended the stay for another two days!!

 

[Annie]

The judge just extended the stay for another two days!!

Here's a link to what Krisy posted:

http://story.news.yahoo.com/news?tmpl=story2&u=/ap/20050224/ap_on_re_us/brain_damaged_woman

CLEARWATER, Fla. - A judge Wednesday extended an order keeping brain-damaged Terri Schiavo's feeding tube in place, saying he needed time to decide whether her parents should be allowed to pursue further efforts to keep her husband from removing her life support.

State Circuit Court Judge George Greer extended until 5 p.m. Friday an emergency stay that was to expire Wednesday afternoon. He said he needs to decide whether her parents, Robert and Mary Schindler, can have more time to determine if she has greater mental capabilities than previously thought.

The Schindlers also are seeking to have her husband, Michael Schiavo, removed as her legal guardian.

"We are really elated," Robert Schindler said. "Forty-eight hours to us right now seems like six years."

Terri Schiavo's parents have been in a long, bitter struggle with her husband, Michael Schiavo, to keep her alive. She collapsed 15 years ago Friday, when a chemical imbalance caused her heart to stop beating and cut off oxygen to her brain.

On Tuesday, an appeals court allowed a stay to expire that had been the last obstacle keeping Michael Schiavo from removing his wife's feeding tube. Greer, however, issued his emergency stay later that day.

The Florida Department of Children & Families moved to intervene in the case Wednesday, hours after Gov. Jeb Bush told reporters he was seeking a way to keep Terri Schiavo alive.

Details of DCF's involvement in the case were not immediately available and both the governor's office and the agency declined comment. Greer denied a DCF attorney an opportunity to speak at the afternoon hearing.

A court filing by the agency remained sealed, but attorneys for Schiavo's husband and her parents said it was related to allegations Michael Schiavo abused his wife.

Those allegations, which have been raised before, are based partly on bone scans showing Terri Schiavo suffered fractures and statements she made to family and friends that she was unhappy in her marriage. Michael Schiavo has denied harming his wife.

George Felos, who represents Michael Schiavo, said DCF has already investigated the allegations and ruled them unfounded. He criticized the DCF move, saying it "reeks of the intervention of politics into the case."

Some doctors have testified that Terri Schiavo is in a persistent vegetative state with no hope for recovery, but the Schindlers have countered with other medical opinions that she might improve with rehabilitation. The 41-year-old woman appears to cry, laugh and react to her family.

With the Schindlers' previous legal appeals exhausted, Michael Schiavo had planned to remove his wife's feeding tube Monday. Doctors have said she would live no more than a week or two without getting food and water through the tube inserted into her abdomen.

Bush said Wednesday he was exploring options to block the removal of the tube.

"I can assure you, I will do whatever I can within the means, within the laws, of our state to protect this woman's life," Bush said, adding that he has received thousands of e-mails and telephone calls from the Schindlers' supporters.

In October 2003, Schiavo went without food or water for six days before Bush pushed through a law letting him order reinsertion of the tube. The Florida Supreme Court (news - web sites) later struck down his action as unconstitutional. The tube was also removed for two days in 2001.

Michael Schiavo said his wife never wanted to be kept alive artificially, but she left no written directive. The Schindlers dispute their daughter had such wishes.

 

[Hobbit]

Go to http://www.terrisfight.org for more info. It may be down because it's been so busy, but it's there.