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   Court Clears Way for Feeding Tube to Be Removed

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Topic: Court Clears Way for Feeding Tube to Be Removed (Read 756 times)

MzWings
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Court Clears Way for Feeding Tube to Be Removed
« on: Oct 15^th, 2003, 2:43pm »

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http://www.foxnews.com/story/0,2933,100117,00.html

Wednesday, October 15, 2003

PINELLAS PARK, Fla. An appeals court cleared the way for a man to have the feeding tube removed from his severely brain-damaged wife. But Gov. Jeb Bush (search) said Wednesday he was still seeking a way to intervene in the case.

Terri Schiavo, 39, was scheduled to have the tube removed Wednesday afternoon and was expected to die within two weeks. She have waged a six-year legal battle with her husband, Michael Schiavo.

"Our legal remedies are exhausted," the Schindlers' attorneys said in a statement Tuesday afternoon.

But Wednesday morning, the couple met with the governor, and he said afterward that he has ordered his legal team to try to find a way to intervene in the case. He had already filed court papers siding with the parents but not formally intervening.

"We are going to seek whatever legal alternatives are available and seek the best minds to find another avenue to submit to the courts," Bush said at an appearance in Dover.

"I am not a doctor, I am not a lawyer, but I know that if a person can be able to sustain life without life support, that should be tried," the governor said. He added that ultimately, the matter was for the courts to decide.

Michael Schiavo says he is carrying out his wife's wishes that she not be kept alive artificially. The parents say their daughter has shown signs of trying to communicate and could be rehabilitated.

"In our eyes, it's murder," Bob Schindler said Wednesday on CBS' "Early Show."

George Felos, attorney for Michael Schiavo, countered that the Schindlers were "still in denial" over Terri Schiavo's wishes not to be kept alive.

Doctors have testified that the noises and facial expressions Terri Schiavo makes are reflexes and do not indicate that she has enough mental capabilities to communicate with others.

The Schindlers' attorney, Pat Anderson, had asked the appeals court to remove Pinellas Circuit Court Judge George Greer -- who has repeatedly ruled in favor of Michael Schiavo -- and filed an emergency motion seeking a stay and therapy for Terri Schiavo to determine if she can eat on her own.

Among other things, the parents allege that Michael Schiavo exploited his wife by using money awarded to her in a malpractice lawsuit to pay attorneys fees rather than for therapy. The father had said the couple had not made a formal complaint to the state Department of Children & Families but might file a last-minute one.

"The game isn't over," he said Tuesday. "There is still time on the clock."

Ed: The feeding tube was removed about two hours ago.

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Rhune
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Re: Court Clears Way for Feeding Tube to Be Remove
« Reply #1 on: Oct 15^th, 2003, 2:46pm »

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Hmm.. a controversial case for sure. My gut says the husband was right.

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MzWings
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Re: Court Clears Way for Feeding Tube to Be Remove
« Reply #2 on: Oct 15^th, 2003, 2:59pm »

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on Oct 15^th, 2003, 2:46pm, Rhune wrote:

Hmm.. a controversial case for sure. My gut says the husband was right.

ITA, Rhune! More from CNN - (I've been following this story for a number of years):

"Terri Schiavo has been in what the courts call a persistent vegetative state since collapsing at her home from heart failure in 1990. The heart failure temporarily cut off oxygen to her brain. Michael Schiavo asked that the feedings of his wife stop, claiming that she had made clear in the past that she did not want to live on life support."

photo credit and caption: Mary Schindler, left, attempts to talk to her daughter, Terri Schiavo, in this Aug. 11, 2001 video released by the Schindler family Tuesday, Oct. 14, 2003, in Pinellas Park, Fla. Schiavo's father, Bob Schinlder, secretly recorded the videotape of his daughter in defiance of Circuit Court Judge George Greer's order to not videotape or photograph her. Terri has been in a vegetative state since suffering a heart attack in 1990. An appeals court on Tuesday refused to block the removeral of Schaivo's feeding tube, one of the last hopes her family had of keeping her alive. The tube is scheduled to be removed Wednesday afternoon, Oct. 15, 2003. (AP Photo/Schindler Family Video)

« Last Edit: Oct 15^th, 2003, 3:03pm by MzWings »

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Re: Court Clears Way for Feeding Tube to Be Remove
« Reply #3 on: Oct 17^th, 2003, 3:35pm »

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Florida governor can't intervene in case of woman in coma-like state
Friday, October 17, 2003 Posted: 4:17 PM EDT (2017 GMT)

PINELLAS PARK, Florida (AP) -- A judge denied a last-ditch effort Friday by the parents of a disabled woman to reinsert a feeding tube that had been keeping her alive.

The woman's husband successfully fought to have the feeding tube removed this week, but her family vowed to fight to have it reinserted. Doctors say Terri Schiavo will die within two weeks.

The last-minute legal tactic would have directed Gov. Jeb Bush to intervene in the case, supporters of Schiavo's parents said. Judge Jonathan Sjostrom quickly rejected the request.

The Schindlers said they would take the argument to the 1st District Court of Appeal in Tallahassee.

Through several years of legal battles, Bob and Mary Schindler have maintained hope that their daughter, who has been in a vegetative state since her heart stopped in 1990, might one day be able to talk.

Schiavo's husband, Michael, said his wife would not have wanted to be kept alive artificially. He won the fight, and the tube was disconnected Wednesday.

Bush has been sympathetic to the Schindlers' efforts, but said he has found no legal means to override the courts.

The Schindlers wanted the court to compel Bush to order an investigation into their allegations that Michael Schiavo has abused Terri Schiavo. They say they want the tube reinserted so law enforcement can investigate.

Michael Schiavo has adamantly denied mistreating his wife, and state police and prosecutors have declined to investigate the claims.

Pat Anderson, the Schindlers' attorney, said she was not surprised by the judge's swift denial. The legal battle between the Schindlers and their son-in-law has passed through the hands of 19 separate judges and now six different courts.

"There has been an awful lot of judicial attention to this case," Anderson said. "Judges don't like to second-guess each other."

Efforts to reach Michael Schiavo's attorney, George Felos, were not immediately successful Friday.

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Rhune
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Re: Court Clears Way for Feeding Tube to Be Remove
« Reply #4 on: Oct 21^st, 2003, 9:48am »

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TALLAHASSEE, Florida (CNN) -- The Florida House late Monday intervened to save the life of a severely brain damaged woman whose feeding tube was removed last week under court order at her husband's request. The lawmakers authorized Gov. Jeb Bush to order that the tube be reinserted.

By a vote of 68-23, the GOP-controlled House approved a bill giving Bush authority to issue a one-time order to reinsert the feeding tube that has nourished Terry Schiavo, 39, since she fell into what doctors call a persistent vegetative state after suffering heart failure in 1990.

The Republican-dominated Senate will take up the measure Tuesday, and Bush has indicated that he will quickly sign the bill if it passes. He would have 15 days to act.

The feeding tube, which supplies Schiavo with nutrition and hydration, was removed last Wednesday, after a lengthy and contentious court battle pitting her husband and legal guardian, Michael, against her parents, Bob and Mary Schindler.

Doctors said that without the tube, Schiavo would die within two weeks. She is being cared for in a hospice in Pinellas Park, in the Tampa Bay area.

The Schindlers had been publicly pressing Bush to intervene. He expressed sympathy for their position but said he did not have authority to countermand court orders allowing the tube to be removed.

The bill authorizing Bush to act was introduced in the House Monday evening and gained final passage just two hours later. The Legislature was already in Tallahassee for a special session.

Schiavo has been in a persistent vegetative state since her collapse in 1990. She is not terminally ill, but, because of her condition, a feeding tube must be used to provide nutrition and hydration.

Michael Schiavo asked that the tube be removed because his wife made it clear before her collapse that she did not want to live on life support and because she has no meaningful hope of recovery. Her parents dispute that contention, insisting that despite her medical condition, she still responds to them and could improve with rehabilitative care.

The Schindlers accuse Michael Schiavo, who collected more than $1 million in malpractice settlements stemming from his wife's collapse, of trying to remove the tube so that he can keep the money and pursue a new relationship. He denies the charge, countering that his in-laws are angry because they didn't receive any of the money.

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MzWings
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Re: Court Clears Way for Feeding Tube to Be Remove
« Reply #5 on: Oct 21^st, 2003, 7:42pm »

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I am so sickened by these turn of events. Yo-yoing this poor soul, more than once, between life and death.

She's near brain-dead. She can't think, eat, poop, speak, drink. Yet her parents want her life to continue on. How cruel is this?

In the old and new pictures and videos, her face is launched/frozen in a smile. Her voice is garbled. And her parents truly believe she's "there".

I'm so sorry for her that the powers-that-be have overturned the vote to let her die. (I don't believe she should be starved to death either....a morphine drip would have been more humane.) I've said before, we treat our animals (pets) better than our humans. I just don't feel that Jeb Bush should have jumped on the bandwagon to undo her demise. I'll always believe he did that for his own selfish political directives.

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Bumper
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Re: Court Clears Way for Feeding Tube to Be Remove
« Reply #6 on: Oct 21^st, 2003, 9:24pm »

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on Oct 21^st, 2003, 7:42pm, MzWings wrote:

Don't mean to start an argument here Wings, but I have a hard time understanding your logic here. I just read in another thread that you are against abortion (with certain exceptions), ( I assume that means you are a "right to lifer") . . . . . . but at the same time, you are in favor of pulling the plug on this lady. That strikes me as somewhat of a paradox.

??

I'm not getting on your case, I just point this out to show that nothing is as simple as we might think. IMO, I don't feel that Gov. Bush is trying to use this to further any political agenda, he's only human and it obivious that he, like his brother, is "pro-life" and his decision to intervene was a moral one. To call his decision a political one is a cheap shot. I'm willing to give the man the benefit of the doubt.

. . . just my two cents worth.

« Last Edit: Oct 21^st, 2003, 9:36pm by Bumper »

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luci
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Re: Court Clears Way for Feeding Tube to Be Remove
« Reply #7 on: Oct 21^st, 2003, 9:35pm »

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Pro-life is one thing, no life is another. This poor woman has no life and look how long she and her family have suffered. Thirteen years!

Would any of you want to exist as she has? I sure wouldn't and have told my husband to never let this happen to me.

This devoted husband has suffered enough. Let this woman go in peace and maybe the husband can find some happiness the rest of his life.

To keep a person alive in this manner is nothing but selfish on the part of her parents. True, we don't think we should outlive our children, but for this woman, she is already dead!

Jeb Bush just had the courage to do what others wouldn't do! And I'm not a political person, but I'll give him the benefit of a doubt also.

If her parents truly love her they will stop being selfish by insisting she stay alive in this state. "If you really love something, let it go." It is my feeling the ultimate love her parents could give her is to give her up to this suffering she has done for so long.

It is just a sad situation for all involved.

« Last Edit: Oct 21^st, 2003, 9:38pm by luci »

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azure
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Re: Court Clears Way for Feeding Tube to Be Remove
« Reply #8 on: Oct 22^nd, 2003, 8:02am »

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I have very mixed feelings here. I think it is a shame that this family could not some how resolve this amongst themselves. How sad that her life is in the hands of the government.

I would never want to live under these circumstances, and have it in writing saying so.

One thing I do not understand, is why the husband does not divorce her and then let her family handle everything from here on out. If there were no family and only the husband, then it should be his decision alone. Here we have an entire family wanting to keep her alive. After 13 years I do not see why he would feel he quit on her.

I also must say, his fiancee, must be some person. I am sure this has been quite hard on her as well as there children (if I read these articles correctly)

My only other question is, if she is living only by machines, when will anyone know if God is really saying it is her time to pass on?

ok, I have rambled enough. Cheesy

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Rhune
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Re: Court Clears Way for Feeding Tube to Be Remove
« Reply #9 on: Oct 22^nd, 2003, 8:28am »

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When I was in the 7th grade, I became best friends with a gal who lived in a huge house her grandparents owned. They were gone a lot, her mom and step-dad lived there too, but when the grandparents were there, so was her uncle. Her uncle was in a vegetative/brain-dead state like this and kept alive by a feeding tube. Apparently at some point the hospital wanted to cut him off, and her grandparents, not being able to let go, took him out and the grandmother became a registered nurse. They kept him with them always and kept him alive via artificial means. I remember thinking how horrifying that was, seeing him in there, trapped, clinging to life on that machine. I asked her why they do that to him and her response, "They want him to die on his own". To this day I do not understand that kind of thinking, I wanted to scream back, "then LET him!"

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luci
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Re: Court Clears Way for Feeding Tube to Be Remove
« Reply #10 on: Oct 22^nd, 2003, 9:03am »

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LOL, Rhune, LOL

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Rhune
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Re: Court Clears Way for Feeding Tube to Be Remove
« Reply #11 on: Oct 22^nd, 2003, 9:05am »

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Well, he certainly wasn't "living" on his own.

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luci
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Re: Court Clears Way for Feeding Tube to Be Remove
« Reply #12 on: Oct 22^nd, 2003, 9:07am »

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No, he wasn't and neither is this lady.
I say "let her go!"

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MzWings
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Re: Court Clears Way for Feeding Tube to Be Remove
« Reply #13 on: Oct 22^nd, 2003, 12:35pm »

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I had a post all set to go and I clicked the wrong button and it vanished! Angry

Bumper: "....but I have a hard time understanding your logic here. I just read in another thread that you are against abortion (with certain exceptions),"

True - except 1. That was in ANOTHER thread and 2. This ain't that thread.

Bumps: "( I assume that means you are a "right to lifer") . . . . . . but at the same time, you are in favor of pulling the plug on this lady. That strikes me as somewhat of a paradox."

Oooopsy! It's not like you to assume anything or that I'm a "right to lifer".....that's another thread and I don't consider I'm contradicting myself on either issue. One can't (or shouldn't) compare apple to oranges.

A lot of what I believe (now) is directly associated with what happened with my father. Daddy had in place documents that were to prevent what the docs and nurses did to him. I remember hearing him scream in pain when they were excavating his bowels. He begged them to let him go home to see his mama.

And when they stuck suction tubes down his throat to suction his lungs. Occasionally they would draw blood during these procedures. God! What else they did to him I shan't say here.

I dug out his Will and found this went directly against his wishes and made a quick call to our attorney about what to do. He spoke with Mama and she appointed me to do what I had to do - to stop those procedures. That was one of the hardest things I had to do. I told the doctor suctioning of the lungs will cease - suctioning of his mouth was okay. Further evacuation will cease but give him a bowel softener and laxatives. The doctor said that could be dangerous because of the meds he was on. I told him I thought it was dangerous to be "poking" up his rectum and possibly rupturing his bowel - etc. - and all of that was to cease, and honour my father's directives.

So when we evaluate the past thirteen years of the "life" of Terry Schiavo - who by definition has been in a vegetative state, and my personal experiences along with others - I believe she should have been allowed to expire long ago - I believe this with all my heart.

leBumps: "IMO, I don't feel that Gov. Bush is trying to use this to further any political agenda, he's only human and it obivious that he, like his brother, is "pro-life" and his decision to intervene was a moral one. To call his decision a political one is a cheap shot. I'm willing to give the man the benefit of the doubt."

See? Now that's YOUR opinion about why Jeb Bush intervened. And that's fine with me. I just happen to disagree.

moiBumper: "I'm not getting on your case, I just point this out to show that nothing is as simple as we might think."

What a mouthful, my man. I'm quite a bit older than you and as such, in these last eight years, the proverbial rug has been pulled from under my feet so many times - I can't count. (I'm not saying I'm the only one here to have that happen - BTW.) Things and stuff - which we felt were handled, were turned upside down and back again.

No - nothing in this life is simple. Nothing in death is either. Living in between one's life and one's death is referred to as "the dash". What life has Terry Schiavo experienced?

http://www.cnn.com/2003/LAW/10/22/coma.woman/index.html

"If you look at a brain scan of Terri, where her cerebral cortex used to be is a black hole filled with spinal fluid," he said. "There is simply no hope of recovery for Terri."

"Terri was almost a week into her death process," Felos said. "The doctors have said that introducing hydration and nutrition artificially, she may have already suffered massive organ failure and kidney damage. What this may have done is just prolonged her death process."

"Schiavo suffered brain damage in 1990 when she collapsed from heart failure. She recovered from the heart attack, but oxygen was cut off to her brain. leaving her in what doctors call a "persistent vegetative state." She is responsive to stimuli, doctors have said, but has no significant brain function and cannot feed herself."

And so now, she's in a worsened state of health because of an intervention that, IMNSHO, should never have been allowed. I feel that those people who intervened devalued their morals.

Bumps: ". . . just my two cents worth."

Your is worth a kazillion to me and most others here. :hug:

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MzWings
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Re: Court Clears Way for Feeding Tube to Be Remove
« Reply #14 on: Oct 23^rd, 2003, 6:35pm »

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Bumps - I sincerely hope you're not upset with me!

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"Senility Prayer"...God grant me...
The senility to forget the people I never liked
The good fortune to run into the ones that I do
And the eyesight to tell the difference."

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