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   Court allows Schiavo stay to expire (feeding tube)

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Topic: Court allows Schiavo stay to expire (feeding tube) (Read 587 times)

Rhune
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Court allows Schiavo stay to expire (feeding tube)
« on: Feb 22^nd, 2005, 12:54pm »

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Court allows Schiavo stay to expire
Ruling could lead to removal of feeding from brain-damaged woman
Tuesday, February 22, 2005 Posted: 1:47 PM EST (1847 GMT)

DUNEDIN, Florida (AP) -- A Florida appeals court allowed a stay to expire Tuesday that had blocked the husband of a severely brain-damaged woman from removing her feeding tube.

The 2nd District Court of Appeal offered no specific instructions in a one-page mandate issued in the case of Terri Schiavo, who was left brain damaged 15 years ago.

The ruling means Michael Schiavo could order his 41-year-old wife's tube removed within hours of the appeals court action, which ended the last judicial stay blocking the tube's removal.

But Terri Schiavo's parents, Bob and Mary Schindler, were seeking an emergency stay from a Pinellas County judge in hopes of keeping their daughter alive long enough for them to file additional legal pleadings in the case.

It would likely take several days for Terri Schiavo to die if the tube is pulled.

The appeals court's mandate allowed Michael Schiavo to act under previous court rulings in the years-long, highly emotional legal battle.

The appeals court has consistently upheld lower court rulings that Terri Schiavo had expressed wishes not to be kept alive artificially, although she left no written directive.

In October 2003, she went without food or water for six days before Gov. Jeb Bush pushed through a new law letting him order the tube be reinserted.

The Florida Supreme Court later struck down his action as unconstitutional.

The long-running case has drawn international attention and debate, and rallied religious forces worldwide. Some doctors have ruled Terri Schiavo is in a persistent vegetative state; others believe she has some mental abilities.

Terri Schiavo, 41, left no written will when she collapsed in 1990 from what doctors said was a chemical imbalance that stopped her heart. She still breathes on her own but relies on the tube for food and water.

Her husband has said she never wanted to be kept alive artificially.

The U.S. Supreme Court has refused to consider a legal challenge to "Terri's Law," the measure pushed by Bush in 2003 to keep her alive after the courts had cleared the way for her death.

Last year, a judge issued an indefinite stay blocking the tube's removal pending the Schindlers' appeals.

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Copyright 2005 The Associated Press.

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Rhune
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Re: Court allows Schiavo stay to expire (feeding t
« Reply #1 on: Feb 22^nd, 2005, 6:23pm »

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DUNEDIN, Florida (AP) -- The case of a severely brain-damaged woman remained locked in a legal stalemate Tuesday after an appeals court cleared the way for her husband to remove her feeding tube only to see a judge promptly block the removal for at least another day.

The 2nd District Court of Appeal offered no specific instructions in a one-page mandate issued in the case of Terri Schiavo, who was left brain damaged 15 years ago. That meant her husband, Michael Schiavo, could order his wife's tube be removed.

But Pinellas Circuit Court Judge George Greer issued an emergency stay about an hour later blocking removal of the feeding tube until 5 p.m. ET Wednesday. Greer, who has been overseeing the long-standing dispute, scheduled a hearing on the case for Wednesday.

"The family is profoundly grateful," said David Gibbs III, an attorney for Terri Schiavo's parents. "They believed God answered their prayers. Their daughter is alive another day."

The parents, Bob and Mary Schindler, sought the stay in hopes of keeping their daughter alive long enough for them to file additional legal pleadings. They are trying to oust their son-in-law as her guardian and seeking medical tests which might back their assertion that their daughter has some mental capabilities.

It would likely take several days for Terri Schiavo to die if the tube is pulled.

The appeals court's mandate allowed Michael Schiavo to act under previous court rulings in the years-long, highly emotional legal battle.

The court has consistently upheld lower court rulings that Terri Schiavo had expressed wishes not to be kept alive artificially, although she left no written directive.

In October 2003, she went without food or water for six days before Gov. Jeb Bush pushed through a new law letting him order the tube be reinserted. The Florida Supreme Court later struck down his action as unconstitutional.

The courts also sided with Michael Schiavo when he had the tube removed for two days in 2001.

George Felos, Michael Schiavo's attorney, said, "as soon as he's legally authorized, he will discontinue artificial life support."

Terri Schiavo suffered severe brain damage in 1990 when a chemical imbalance believed to have been brought on by an eating disorder caused her heart to stop beating and cut off oxygen to her brain.

While she breathes on her own, she relies on the feeding tube to survive. Doctors have ruled she is in a persistent vegetative state with no hope for recovery.

Still, her parents, who visit her nearly every day, report their daughter has laughed, cried, smiled and responded to their voices. Video showing the dark-haired woman appearing to interact with her family has been televised nationally. But the court-appointed doctor has said the noises and facial expressions are reflexes.

The lawyer for the parents also said he is preparing a motion to ask the U.S. Supreme Court to consider the family's claim that Terri Schiavo should be spared based on statements by Pope John Paul II that people in vegetative states have a right to nutrition and hydration. They say Terri, as a practicing Roman Catholic, would have obeyed the pope and would not choose to have her tube removed.

Both sides accused each other of being motivated by greed over a $1 million medical malpractice award from doctors who failed to diagnose the chemical imbalance. The Schindlers argue Michael Schiavo should divorce their daughter.

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Copyright 2005 The Associated Press.

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Rhune
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Re: Court allows Schiavo stay to expire (feeding t
« Reply #2 on: Feb 22^nd, 2005, 6:24pm »

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All I can say is I hope none of my loved ones are ever put in a position like this. The lesson is make your wishes clear, ON PAPER.

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AoM
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Re: Court allows Schiavo stay to expire (feeding t
« Reply #3 on: Feb 23^rd, 2005, 10:30am »

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I don't understand something. Her husbands motives seem questionable to say the least (he wants to marry his new gf, the mother of his children) and he will recieve a buttload of money when Terri dies.

If he wants a to get married etc, why doesn't he just transfer guardianship to her parents instead of killing her? Besides that, she's been this way for 15 years. Now all the sudden he decides that she wants to die? Yeah i don't by that. We shouldn't been hearing about this in 92, no 2002.

Just transfer guardian ship and her parents can have power of attorney to divorce the jerk

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luci
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Re: Court allows Schiavo stay to expire (feeding t
« Reply #4 on: Feb 23^rd, 2005, 10:36am »

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As for myself, I certainly do not want to live this way!
Fifteen Years? This poor woman has suffered enough.
Let her go in peace and forget about the money.
No one should live this way for an extended period of time Cry

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Rhune
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Re: Court allows Schiavo stay to expire (feeding t
« Reply #5 on: Feb 23^rd, 2005, 11:26am »

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I don't think he wants to get rid of he so he can get married. I don't think his motives seem questionable, this thing has been back and forth in courts for awhile now. I would be fighting just as hard if I were him, because I think it's WRONG to do what they are doing to Terri, artificially forcing her body to stay alive all these years via modern science. I don't think there's anything christian-like about it at all, and if I were him I would have reached a breaking point too. The problem is her parents who I think are acting selfishly, refusing to let go, refusing to allow this woman to die with some dignity after her body & mind have given up, manipulating modern science in the name of being good christians to force her to stay alive when she's clearly been called home.

« Last Edit: Feb 23^rd, 2005, 11:28am by Rhune »

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AoM
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Re: Court allows Schiavo stay to expire (feeding t
« Reply #6 on: Feb 23^rd, 2005, 12:33pm »

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But it's not mechanical means that keep her alive, it's a feeding tube. SHe can breathe on her own and doctors say that he brain activity is still high

I think starving someone to death over 6 days is a terrible thing to do. It would be different if she were on a ventilator. Take her off she would be gone in a matter of minutes. BUt to let someone suffer without food for 6 days...that's cruelty.

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Rhune
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Re: Court allows Schiavo stay to expire (feeding t
« Reply #7 on: Feb 23^rd, 2005, 2:20pm »

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I guess I just don't see it as more cruel than the lat 15 years she's spent hooked up to a machine that forces her to eat.

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luci
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Re: Court allows Schiavo stay to expire (feeding t
« Reply #8 on: Feb 23^rd, 2005, 2:47pm »

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SHe can breathe on her own and doctors say that he brain activity is still high

My take on this is if her brain activity is high, why isn't she up walking and talking and living a normal life?

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Dixie
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Re: Court allows Schiavo stay to expire (feeding t
« Reply #9 on: Feb 23^rd, 2005, 4:45pm »

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I don't believe she has any brain activity. Opinions seem to differ on this but the court appointed doctors have said she is in a "persistent vegetative state". To me, that means no brain activity, even though she can breathe on her own.

And I believe the husband has been trying to have this done for over 10 years, but is blocked by her parents. I don't think he is doing this for money, because lets face it, there are enormous medical bills to pay as well. Life support/nursing home for 15 years? The settlement won't cover the bills.

I think the parents need to let her go. So far every court has found in favor of the husband.

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luci
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Re: Court allows Schiavo stay to expire (feeding t
« Reply #10 on: Feb 23^rd, 2005, 5:22pm »

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As much as I love my children, son and daughter, I would not block their spouse from doing a kind deed as this to end their suffering.

My husband and I know to NOT keep each other alive when there is no life.
If we can't be a normal husband and wife to each other, then it is time for
life to end in peace.

This woman's husband deserves to have some kind of happy life now, even if her parents can't or won't let their disabled daughter go in peace and love.

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AoM
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Re: Court allows Schiavo stay to expire (feeding t
« Reply #11 on: Feb 24^th, 2005, 8:59am »

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Fine, if he just wants a nice peaceful life, and to move on and get remarried, fine

Transfer power of attorney to her parents, Let them deal with the medical bills, let them deal with the doctors. I am sure at this point they would sign a document dissolving the marriage. If those are really his motives, then just sign over her power of attorney. THen he could move on and be happy, the parents would still have their daughter and be happy, and the decision wouldn't be in the courts hands anymore.

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luci
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Re: Court allows Schiavo stay to expire (feeding t
« Reply #12 on: Feb 24^th, 2005, 9:30am »

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My bottom line thought on this is her parents are being selfish.
They have her? No they don't! The daughter they knew is not there,
can't talk with them can't hug them, cannot function in a normal manner.

Transfer Power of Attorney, they're old, what happpens when
they are no longer there? Let this woman go in peace.

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Rhune
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Re: Court allows Schiavo stay to expire (feeding t
« Reply #13 on: Feb 24^th, 2005, 1:28pm »

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I believe it's because he does not want to just give up and leave her at the mercy of the machines. He doesn't just divorce her and move on because he cares about what is happening and isn't looking for an easy out. He wants his wife's situation resolved the way he believes she wanted it resolved and by divorcing her at this point he gives up any legal rights or opportunities for him to do so. His refusal to just divorce her and take the easy way out is what convinces me his motives are not selfish.

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rcs_mum
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Re: Court allows Schiavo stay to expire (feeding t
« Reply #14 on: Feb 26^th, 2005, 10:38pm »

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Being in Florida, this has been in the papers almost daily for the last several years. I think her parents are being selfish and vindictive towards their son-in-law. There is very little money left from the settlement, and she is in a vegetative state, but every time the courts rule to remove the tube, they come up with another reason to keep her fed.
They are appealing this current decision by saying that it is illegal because she had no say or representation in this decision.
If I told my husband I didn't want to be kept alive by artificial means, and someone went against his decision to abide by my decision, I would come back and make life hell for those that opposed him!
And for Gov. Bush to get involved is an abuse of power!
Let the poor woman die!
I have taken care of patients that have been removed from respirators or had their feeding tubes removed. Their deaths have always been peaceful. When a feeding tube is removed a person dies the same as if no tube had been inserted. A natural death, as people have died for centuries when in her condition.

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