The death of Terri
Schiavo
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Terri Schiavo
Born December 3, 1963
Pennsylvania, United States
Died March 31, 2005
Pinellas Park, Pinellas County, Florida, United States
Theresa Marie "Terri" Schiavo (December 3, 1963 – March 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.
On February 25, 1990, Schiavo experienced cardiac arrest and collapsed
in her home, incurring massive brain damage; she remained in a coma for
ten weeks. Within three years of her collapse, four neurologists had
examined Schiavo and diagnosed her to be in a persistent vegetative
state (PVS) with little chance of recovery.
In 1998, Schiavo's husband and legal guardian Michael petitioned the
courts to allow removal of the gastric feeding tube keeping Schiavo
alive. Her parents, Robert and Mary Schindler, opposed this petition.
The court found that Schiavo had made "credible and reliable" statements
that she wouldn't want to be kept "on a machine" with no hope of
improvement. In 2002, the Schindlers challenged the PVS diagnosis. Four
neurologists and one radiologist examined Schiavo. The Schindlers
recorded six hours of video of Schiavo. New CAT scans and EEGs were
submitted to the courts. The courts found that Schiavo was in a PVS with
no hope for recovery and would want to discontinue life support.
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. [1]
Schiavo's feeding tube was removed a third and final time on March 18,
2005. She died on March 31, 2005.
Contents
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.
Terri Schiavo before her 1990 collapse.
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). [2] She
may have developed an eating disorder around this time in order to cope
with her perceived weight problem. [3] 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. [4]
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. [5] 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. [6] 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. [7] 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." [8]
Eventually, he became a respiratory therapist and emergency room nurse.
Guardianship challenged
On February 14, 1993, 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. [9] The amicable relationship
ended, and Mr. Schiavo and the Schindlers literally stopped speaking to
each other. [10] Mr. Schiavo placed limits on how much time the
Schindlers could spend with their daughter.
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 [Terri]
would recover about four years after the accident."
In his decision in the 2000 trial to determine Terri's wishes,
Republican Judge George Greer wrote, "[i]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." [11]
Judge Greer also noted in this decision that, "the unrebutted evidence
remains that Terri Schiavo remains in a persistent vegetative state."
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 Guardian ad litem to determine if there had
been any abuse by Michael Schiavo. His report, issued March 1, 1994,
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. [12]
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". Michael remained his wife's guardian. Efforts to remove him
were attempted in subsequent years, but without success.
"Do-not-resuscitate" order
In March 1994, 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 Largo 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
[13] (Page 10, 4th Paragraph) that:
In early 1994 Theresa contracted a urinary tract infection 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, [14] which her parents opposed. Richard Pearse was appointed by
the court as a second guardian ad litem, and on December 29, 1998,
reported "Dr. [Jeffrey] 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 [15] that Schiavo was legally
in a persistent vegetative state as defined by Florida Statutes, [16]
Title XLIV, Chapter 765, § 101(12): [17]
(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 living
will 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. [18]
Schiavo's end-of-life wishes – Schiavo I
Schiavo did not have a living will; therefore a trial was held during
the week of January 24, 2000 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 Roman Catholic
who would not wish to violate the Church's teachings on euthanasia by
refusing nutrition and hydration. Judge Greer issued his order granting
Mr. Schiavo’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. [19] This decision was upheld by the Florida Second District
Court of Appeal [20] (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
The Woodside Hospice House in Pinellas Park, Florida, where Terri
used to live. Click on image to enlarge.
Oral feeding is not considered a life prolonging procedure, and on or
about March 2, 2000, 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, [21]
Judge Greer ruled that insufficient nutrition and hydration could be
ingested orally to sustain Schiavo and denied the request. [22] 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. [23]
The Woodside Hospice House in Pinellas
Park, Florida, where Terri used to live.
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 [24] 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 Pinellas County, Florida hospice "after it was clear that she
was not “terminal” within Medicare guidelines" for hospices. [25] bullet
31), and that he was no longer competent to represent Theresa’s best
interests." [26] 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 1991. 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
April 24, 2001 as the date on which the tube was to be removed.
[edit]
Three appeals – 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. [27] (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 [28], came to be known by the court as Schiavo II in its later
rulings.)
[edit]
Challenging the PVS diagnosis – 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 10 August 2001, 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 17 October, 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, [29] came to be known by the court as Schiavo III in its later
rulings.)
[edit]
PVS diagnosis ruling – Schiavo IV
In October 2002, on remand 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 computed axial tomography
scan (CAT scan) was performed, which showed severe cerebral atrophy. An
EEG 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 testimony 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. William Hammesfahr (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).
 |
Schiavo's parents contend
that her behavior in this image from one of the videos
released by her parents showed that she was aware of the
people around her. Most neurologists who examined Schiavo
disagreed, saying that her level of brain damage made
responsiveness impossible and that her behavior represented
reflex or instinctive actions. |
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.
Schiavo's parents contend that her behavior in this image from one of
the videos released by her parents showed that she was aware of the
people around her. Most neurologists who examined Schiavo disagreed,
saying that her level of brain damage made responsiveness impossible and
that her behavior represented reflex or instinctive actions.
Enlarge
Schiavo's parents contend that her behavior in this image from one of
the videos released by her parents showed that she was aware of the
people around her. Most neurologists who examined Schiavo disagreed,
saying that her level of brain damage made responsiveness impossible and
that her behavior represented reflex or instinctive 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. [30]
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. [31] 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[ed] the video tapes in their entirety." The
court concluded 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 [32] came to be known as Schiavo IV in later
rulings.)
2003 petition
On September 11, 2003, 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 September 17, 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 [April 1995 through July 1996] 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 [in 1996] as her
affidavit alleges." (Direct quote from pages 5 & 6 of this 9-page Order)
[33]
[edit]
Terri's Law and the Wolfson Report
On 15 October 2003, Schiavo's feeding tube was removed. Six days later,
following the passing of "Terri's Law", Florida Governor Jeb Bush 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) [34] 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" of Schiavo,
and report them to Governor Bush.
In December, 2003, Wolfson submitted his report, referring to himself in
third person as "the GAL":
"In the month during which the GAL conducted research, interviews and
compiled information, he sought to visit with Theresa as often as
possible, sometimes daily, and sometimes, more than once each day.
During that time, the GAL was not able to independently determine that
there were consistent, repetitive, intentional, reproducible interactive
and aware activities. When Theresa’s mother and father were asked to
join the GAL, there was no success in eliciting specific responses.
Hours of observed video tape recordings of Theresa offer little
objective insight about her awareness and interactive behaviors. There
are instances where she appears to respond specifically to her mother.
But these are not repetitive or consistent. There were instances during
the GAL’s visits, when responses seemed possible, but they were not
consistent in any way."
"The GAL concludes from the medical records and consultations with
medical experts that the scope and weight of the medical information
within the file concerning Theresa Schiavo consists of competent, 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...Until recently, while both Michael Schiavo and the
Schindlers agreed that Theresa was in a persistent vegetative state,
they could not agree as to the matter of discontinuation of life
support. Recently, 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."
"Of the Schindlers, there has evolved the unfortunate and inaccurate
perception that they will 'keep Theresa alive at any and all costs' even
if that were to result in her limbs being amputated. During the course
of the GAL’s investigation, the Schindlers allow that this is not
accurate, and that they never intended to imply a gruesome maintenance
of Theresa at all costs... Of Michael Schiavo, there is the incorrect
perception that he has refused to relinquish his guardianship because of
financial interests, and more recently, because of allegations that he
actually abused Theresa and seeks to hide this. There is no evidence in
the record to substantiate any of these perceptions or allegations."
"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, where there is no advance directive,
through substituted/proxy judgment of the guardian and/or the court as
guardian, and with the use of evidence regarding the medical condition
and the intent of the parties that was deemed, by the trier of fact to
be clear and convincing."
[edit]
Oral feeding II
On February 23, 2005, the Schindlers filed a motion for relief from
judgement pending medical evaluations[35] The Schindlers wanted Schiavo
to be tested with an fMRI 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. [36]
[37] 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," [38] 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." [39] 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."
[40]
On February 28, 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. [41] Judge Greer denied the second motion on March 8, saying "it
has become clear that the [second] motion is part and parcel of [the
previous] motion on medical evaluations. The same declarations are being
used for both motions and the motion appears to be an alternative
pleading to the [previous] motion. Both are asking for an experimental
procedure." [42] 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 "[m]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..." [43] No stay was
granted by the appellate courts, and on March 18, 2005, Schiavo's
feeding tube was removed the third and final time.
[edit]
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," [44] 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 Greer. They appealed, and, on February 13, the
Florida Second District Court of Appeal reversed Baird's ruling, [45]
allowing them to participate. On March 17, Baird denied the Schindlers
the right to intervene a second time, [46] and the Schindlers appealed
once more, with the court scheduling an oral argument date for June 14.
[47]
On May 5, 2004, Judge Baird found "Terri's Law" unconstitutional and
struck in down.[48] Bush appealed this order to the Florida Second
District Court of Appeal, but, on May 12, 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." [49] (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. [50]
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,[51] the Schindlers
once again asked the appeals court for the right to participate in the
"Terri's Law" case. [52] 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. [53] The Florida Second District Court of Appeal, on June 30,
denied their petition to intervene. [54] Then, on July 7, the Schindlers
again were dealt a setback, when Judge Greer dismissed Anderson's Quo
Warranto petition, which he had initially granted April 30, 2004. [55]
The Florida Supreme Court then overturned the law as unconstitutional.
[56] However, following Judge 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.
[57] It is contempt of Congress to prevent or discourage congressional
witnesses from testifying. [58] 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. [59] [60] 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.
[edit]
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 virtually daily
basis to find an alternative means of overturning the legal process by
utilizing the authority of the United States Congress. [61] 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 had refused to co-sponsor the bill. [62]
On March 24, 2005, 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 sheriff
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." [63]
[edit]
Final stages
On March 26, 2005, Bob and Mary Schindler announced that their legal
options had been exhausted. The next day, Schiavo 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 had 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. 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. [64] [65]
[edit]
Autopsy
After her death, Schiavo'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 [66] was released on June 15, 2005. Examination of
Schiavo’s nervous system had revealed extensive injury. The brain itself
weighed 615 grams, only half the weight expected for a female of her
age, height, and weight.
Scan of normal 25-year-old's brain; Right:
Schiavo's 2002 CT scan at age 38.
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 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 neurons that comprise some 70% of cortical
cells—critical to the functioning of the cortex—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)—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." [67] 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 "[n]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." [68] 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 all 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 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, there is 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 [sic] cannot be determined with reasonable medical
certainty. The manner of death will therefore be certified as
undetermined."
[edit]
Memorial
Sylvan Abbey Memorial Park. Click on any image to enlarge.
Enlarge
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.
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, [69] delivered the main serman (Audio: MP3
Format). [70]
Schiavo's body was
cremated following the autopsy |
Sylvan Abbey Memorial Park. |
On May 7, 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 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. [71]
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."
[72].
Disputed opinions
David Gibbs III, the lead lawyer for Terri Schiavo’s parents, supported
Vatican statements which condemned her treatment as euthanasia. Pope
John Paul II 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. [73]
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," based on expert
testimony, finding that 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. [74]
In 2003, guardian ad litem Dr. Jay Wolfson was appointed by Florida
legislature to "deduce and represent the best wishes and bests interests
of Theresa Schiavo." He reported to Governor Jeb Bush that "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," and that the
evidence regarding Schiavo's medical condition and intentions had been
"deemed by the trier of fact to be clear and convincing." and "The
reasonable degree of medical certainty associated with her diagnosis and
prognosis is very high." [75]
Public opinion and activism
Main article: 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 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 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.
The Schindlers' legal fight was funded by a variety of sources on the
political right. [76]
On March 11, 2005, media tycoon Robert Herring (who believes that stem
cell research 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. [77] 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 "[t]he preponderance of the evidence shows that Michael
Schiavo followed doctors' orders [regarding] Ms. Schiavo's diagnosis of
being in a persistent vegetative state and that he provided her with
appropriate care." [78]
[edit]
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. ^ 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, Hospice Patients
Alliance, December 29, 1998 link
10. ^ 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
11. ^ 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
12. ^ 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
13. ^ 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
14. ^ 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, (page 11), December 29,
1998
15. ^ 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, Hospice Patients
Alliance, December 29, 1998 link
16. ^ State of Florida. FLORIDA STATUTES, Accessible State Law on the
Official State of Florida Website link
17. ^ State of Florida. FLORIDA STATUTES, Citation of Law, §765.101(12),
Florida Statutes link
18. ^ 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, Hospice Patients
Alliance, December 29, 1998 link
19. ^ 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
20. ^ Altenbernd, Chris W., Judge (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, Florida Second
District Court of Appeal, January 24, 2001 link
21. ^ 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
22. ^ Greer, George W., Circuit Judge. "IN RE: THE GUARDIANSHIP OF
THERESA MARIE SCHIAVO, Incapacitated," File No. 90-2908GD-003, Fla. 6th
Judicial Circuit, March 7, 2000 link
23. ^ Thogmartin, Jon R., M.D. "REPORT OF AUTOPSY" for Theresa Schiavo,
Case #5050439, June 13, 2005 link
24. ^ Anderson, Patricia F., Esq. "PETITION TO REMOVE GUARDIAN AND TO
APPOINT SUCCESSOR GUARDIAN," Miami University, November 15, 2002 link
25. ^ Anderson, Patricia F., Esq. "SECOND AMENDED PETITION TO REMOVE
GUARDIAN," Liberty To The Captives, 2003 link
26. ^ 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
27. ^ State of Florida. FLORIDA RULES OF CIVIL PROCEDURE, 2005 Edition.
The Florida Bar link
28. ^ Altenbernd, Chris W., Judge (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, Florida Second District Court of Appeal, July 11, 2001 link
29. ^ Altenbernd, Chris W., Judge (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, Florida Second
District Court of Appeal, October 17, 2001 link
30. ^ Smith, Brad. "Schiavo Videotapes Offer Powerful But Misleading
Evidence," Tampa Tribune, March 20, 2005 link
31. ^ 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, Fla. 6th Judicial
Circuit, November 22, 2002 link
32. ^ Altenbernd, Chris W., Judge (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, Florida Second
District Court of Appeal, June 6, 2003 link
33. ^ 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, Fla. 6th Judicial
Circuit, September 17, 2003 link
34. ^ Bury, Chris. "Transcript: Michael Schiavo on 'Nightline': Husband
at the Heart of the 'Right to Die' Case Speaks to Chris Bury," ABC News,
March 15, 2005 link
35. ^ 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, February 23, 2005 link
36. ^ 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, Fla. 6th Judicial Circuit, March 9, 2005 link
37. ^ 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," Media Matters for
America, March 28, 2005 link
38. ^ Troxler, Howard. "Too thin a line between life, death for Schiavo,"
Saint Petersburg Times, September 15, 2003 link
39. ^ Ruby, Lisa. "Judge Greer and Michael Schiavo: Collusive Law
Breaking in Attempts to End Terri's Life," Liberty To The Captives,
October 31, 2003 link
40. ^ 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, Fla. 6th Judicial Circuit, February 25, 2005 link
41. ^ 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, February 27, 2005 link
42. ^ 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, Fla. 6th Judicial Circuit, March 8, 2005 link
43. ^ 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, Fla. 6th Judicial Circuit, March 9, 2005 link
44. ^ 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
45. ^ 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
46. ^ 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
47. ^ State of Florida. "Case Docket," Case Number: 2D04-1528, Florida
Second District Court of Appeal, link
48. ^ 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
49. ^ 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
50. ^ Conigliaro, Matt, Esq. "Schiavo News," Abstract Appeal Legal Web
Log, June 10, 2004 link
51. ^ Sanford, Sanford. "Schindlers at hearing in Lakeland-June
14,2004," Saving Terri Schiavo Web Log, June 14, 2005 link
52. ^ 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
53. ^ 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
54. ^ State of Florida. "Case Docket," Case Number: 2D04-1528, Florida
Second District Court of Appeal, link
55. ^ 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
56. ^ 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
57. ^ Davis, Tom, Chairman, (for The Committee). "SUBPOENA," Committee
on Government Reform, U.S. House of Representatives, March 18, 2005 link
58. ^ 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
59. ^ An Unsigned "AP" News Story. "Schiavo's feeding tube removed
despite congressional intervention," USA Today, March 18, 2005 link
60. ^ An Unsigned "AP" News Story. "Schiavo's Feeding Tube Removed,"
TBO.com News, March 18, 2005 link
61. ^ Farrington, Brendan. "Lawyers for Bush, lawmakers worked at
exhausting pace on Schiavo," The Associated Press, May 24, 2005 link
62. ^ An Unsigned News Story. "GOP memo says issue offers political
rewards," The Washington Post, April 4, 2005 link
63. ^ 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
64. ^ 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
65. ^ Breed, Allen G. "Terri Schiavo's final moments with husband," The
Associated Press, March 30, 2005 link
66. ^ Thogmartin, Jon R., M.D. "REPORT OF AUTOPSY" for Theresa Schiavo,
Case #5050439, June 13, 2005 link
67. ^ Phillips, Rich, Producer. "Autopsy: No sign Schiavo was abused:
Findings show woman's brain 'profoundly atrophied'," CNN, June 17, 2005
link
68. ^ Thogmartin, Jon R., M.D. "REPORT OF AUTOPSY" for Theresa Schiavo,
Case #5050439, June 13, 2005 link
69. ^ Pavone, Frank A. "Father Frank A. Pavone - Biography," Priests for
Life, link
70. ^ By Times Staff. "Schiavo's parents planning a funeral Mass for
today," Saint Petersburg Times, April 5, 2005 link
71. ^ 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
72. ^ Brink, Graham and Fries, Jacob. "A nearby resting place," Saint
Petersburg Times, June 21, 2005 link
73. ^ Moore, Waveney Ann. "The Terri Schiavo Case: Vatican official
enters Schiavo feeding tube fray," Saint Petersburg Times, February 26,
2005 link
74. ^ 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
75. ^ 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
76. ^ Zúniga, Markos Moulitsas. "Money Trail in the Schiavo Case:
Bioethics for Sale?," The Daily Kos, March 22, 2005 link
77. ^ Allred, Gloria, Esq. "Statement from Gloria Allred,
Attorney-at-Law, Representing Robert Herring, Sr.:," Christian Wire
Service, March 10, 2005 link
78. ^ Tisch, Chris and Krueger, Curtis. "Schiavo abuse claims were old,"
Saint Petersburg Times, June 4, 2005 link
[edit]
External links
Wikinews
Wikinews has news related to this article:
Terri Schiavo dies
[edit]
Compilations
(legal documents relating to the Schiavo case)
* Findlaw's compilation
* Tampa Bay Online's compilation
* Abstract Appeal's compilation
* The University of Miami Ethics Programs' compilation
* The Register's compilation The Register's mirror link
[edit]
Information sites
* American Center for Law and Justice. ACLJ National "Religious Right"
law firm. Retrieved August 30, 2005
* American Civil Liberty Union. ACLU National "Civil Rights" law firm.
Retrieved August 30, 2005
* Amicus National, Inc. (2005). Legal docs, Living Wills. Site providing
free living will forms on a state-by-state basis. Retrieved April 16,
2005
* Conigliaro, Matt, Esq., Editor of "Abstract Appeal" Legal Blog.
(2005). THE TERRI SCHIAVO INFORMATION PAGE Retrieved August 31, 2005
* End-of-Life Choices (2005). Advance Health Care Directives:
End-of-Life Choices—Make Your Wishes Known! Retrieved August 30, 2005
* Hospice Patients Alliance Retrieved August 30, 2005
* Zorn, Eric (2005). For your reference - the Schiavo case. Eric Zorn's
Notebook, Chicago Tribune. Retrieved March 31, 2005
[edit]
Articles
* "Before fight over death, Terri Schiavo had a life." CNN. October 25,
2003. [79]
* Fackelmann, Kathleen. "Schiavo not likely to experience a painful
death, neurologists say." USA Today. March 23, 2005. [80]
* Kumar, Anita. "The Terri Schiavo case: Before the circus." St.
Petersburg Times. April 3, 2005. [81]
* Quill, Timothy E., MD. "Terri Schiavo—A Tragedy Compounded." New
England Journal of Medicine. 21 April 2005. [82]
* Rufty, Bill. "Doctors lament misuse of proper terminology in Schiavo
debate." The Ledger. March 23, 2005. [83]
* Shannon, Thomas A. and Walter, James J. "Artificial nutrition,
hydration: Assessing papal statement." National Catholic Reporter. April
16, 2004 [84]
* Watts, Gordon W. "Living Wills: Unexpected Weaknesses." The Register,
11 April 2005. [85] [86]
* Wilson, Jamie. "Schiavo autopsy vindicates husband." The Guardian,
June 16, 2005. [87]
Source:
http://en.wikipedia.org/wiki/Terri_Schiavo
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