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Can someone give me the executive summary of the Schiavo case?

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Ellen Forradalom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:00 PM
Original message
Can someone give me the executive summary of the Schiavo case?
This is one of those stories that didn't seem like much when it started, but before I knew it, it got huge, and now I don't know where to begin. My impression is that the husband wants to follow a reasonable course of action regarding his wife in a persistent vegetative state, but her parents are freaking out. They called in the Christian Right reinforcements and now all hell has broken loose.

Can someone fill me in on the essential facts?
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tjdee Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:03 PM
Response to Original message
1. Why yes, yes I can.
Edited on Fri Mar-18-05 09:07 PM by tjdee
Seems the Schindlers, her parents, want to keep her hooked up to the feeding tube (which has been removed for the second time). Meanwhile, her husband Michael has said that she DID NOT want to be kept on tubes.

Apparently Michael got some money (from who?) because of her state, a settlement of some sort, and the Schindlers were pissed.

I believe the Schindlers are religious sorts, and have called in the dark forces of Republican fundies everywhere.

Michael has started another life with another woman (Terry has been this way for 15 years), and her parents think that is the motivation.

Last week he was offered 1 mil to divorce her and let the parents deal with this, he refused.
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efhmc Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:41 PM
Response to Reply #1
11. Good golly, who offered him that money?
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Leilani Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 10:18 PM
Response to Reply #11
18. It was due to a malpractice award
& he spent every cent on his wife's care.

It's all gone now.
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tjdee Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-19-05 10:35 AM
Response to Reply #18
26. I think he/she meant the 1 mil offered last week.
And I don't know who offered it.
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recoveringrepublican Donating Member (779 posts) Send PM | Profile | Ignore Sat Mar-19-05 10:42 AM
Response to Reply #11
27. A guy named Robert Herring...link inside
http://californian.com/articles/2005/03/12/news/sandiego/21_09_413_11_05.txt

<snip>San Diego businessman Robert Herring, who founded an electronics company and later a cable and satellite channel, said he felt "compelled" to try to have the husband transfer the legal right to decide his wife's medical treatment to the parents, Bob and Mary Schindler.

"I believe very strongly that there are medical advances happening around the globe that very shortly could have a positive impact on Terri's condition," Herring said.

Herring's offer is valid until Monday, according to a statement from his attorney, Gloria Allred. The money has been deposited into a trust account at Allred's Los Angeles law firm, the statement said.

Felos said his client would not consider any such proposals.<snip>

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cynatnite Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:04 PM
Response to Original message
2. This is a thorough unbiased site:
www.abstractappeal.com

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BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:29 PM
Response to Reply #2
8. That is the best, unbiased view of the happenings.
Edited on Fri Mar-18-05 09:33 PM by BrklynLiberal
In a nutshell form that site, which has a lot more details.

You're left with a woman who suffered a heart attack 15 years ago, who essentially died but was resuscitated, though not entirely. Her brain had suffered enormous damage from the heart attack. As time passed, her brain further deteriorated -- to the point where much if not most of her cerebral cortex (the portion of the brain that controls conscious thought, among other things) was literally gone, replaced by spinal fluid. Doctors hired by Terri's husband say the deterioration of Terri's brain left her without thoughts or feelings, that the damage is irreversible, and that Terri's life-like appearance is merely the result of brain stem activity -- basically involuntary reflexes we all have. An independent doctor hired by the court reached the same conclusions. Doctors hired by Terri's parents did not dispute the physical damage done to Terri, but they claim there are new therapies that could improve her condition. In two separate trials, the trial court found such claims of potential improvement to be without merit. Terri's body continues to function without her cerebral cortex. She is sustained by a feeding tube surgically inserted into her stomach. She cannot eat through her mouth without a strong likelihood of choking to death.

You're left with a husband who lived with his in-laws following Terri's heart attack, who apparently provided care and therapy for years but who later came to believe Terri would never recover. He believes she would not have wanted to be kept alive in this brain-degenerated condition by a surgically implanted tube. He is apparently willing to continue his fight to achieve what he believes Terri would want despite ridicule, hatred, expense, and threats.

You're left with parents who were once allied with Terri's husband in an effort to care for Terri and restore her but, unlike Terri's husband, they never lost hope. They believe Terri reacts to them and has conscious thoughts. They believe Terri would not want, and does not want, her feeding tube removed, and that some cognitive function could be restored through new therapies. Terri's parents are willing to continue their fight to achieve what they believe Terri would want despite ridicule, hatred, expense, and threats.

You're left with judges who have been placed in the utterly thankless position of applying Florida law to this impassioned situation. Florida law calls for the trial court to determine what Terri would chose to do in this situation, and after a trial hard fought by Terri's husband and her family, where each side was given the opportunity to present its best case about what Terri would do, the court determined the evidence was clear and convincing that Terri would chose not to continue living by the affirmative intervention of modern medicine -- that she would chose to have her feeding tube disconnected. In a second trial, brought about by Terri's family's claims new therapies could restore her and that the existence of such a therapy would make her "change her mind," the trial court again heard evidence from all sides and determined that no new therapy presented any reasonable chance of restoring Terri's brain function. The propriety of these decisions -- from the sufficiency of the evidence to the appropriateness of the procedures used -- has been unanimously upheld on appeal each time.

You're left with a public that is much confused. Some see video clips of Terri moving, appearing to make eye contact, and making sounds, and they assume such are the product of conscious thought -- that Terri's "in there." Some believe Terri's husband has been motivated by money. Some believe that no heart attack occurred -- instead, Terri's husband beat her nearly to death and has been trying to end her life ever since. Some believe he is a bad person because he has taken up with another woman and has children with her. Some believe Florida's judiciary is corrupt or inept, to the point where death threats have been made against the trial judge. Some are sad that families would fight like this. Some believe that removing Terri's feeding tube would cause her pain and is inhumane (I'm no doctor, but the medical information I've seen on this subject uniformly says the opposite.) Some are disappointed that the law does not allow someone in Terri's condition to be kept alive perpetually if a family member is willing to care for him or her. Some believe no life should be permitted to reach an unnecessary end unless irrefutable proof, or at least written proof, shows the person wanted things that way.

All of these positions are understandable in some sense, though if you've read my posts over the years you know I am particularly sensitive to the judiciary's position of following the law correctly and yet being so horrifically misunderstood by many.


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cynatnite Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:40 PM
Response to Reply #8
10. I like having access to the court decisions
It is reasonably unbiased, but not completely. I found a portion I hadn't read until tonight.

Schiavo News: STAYED
The St. Pete Times reports here that Chief Judge David Demers, of the local circuit court here in St. Pete/Clearwater, has entered an order staying the removal of Terri's feeding tube. Apparently, a congressional committee has subpoenaed Michael, Terri, and Terri's caregivers to appear at hearings on March 25 and 28.

Yes, Terri.

*******

His acknowledgement at the end tells me it is biased, but how much I can't be sure. Either way it contradicts his assertion that it's objective.

Is it ever too much to hope for 'just the facts, ma'am'.
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BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:45 PM
Response to Reply #10
15. So that site may not be as objective as it could be.
Edited on Fri Mar-18-05 09:51 PM by BrklynLiberal
I heard on the radio that any witness who is subpoena'd must, by law, be protected...so if they subpoena her, she must be kept alive. Very sweet little legal ploy.

ON EDIT: I see, You are referrng to the dubious objectivity of that site. Sorry for the slowness of my understanding.
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cynatnite Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:52 PM
Response to Reply #15
16. I thought it backfired
to me it was unfeeling and desperate grandstanding.

They did subpoena her and the tube removal was stayed, but it was lifted by Judge Greer, I believe.

The tube is out and hopefully it stays that way.

I mentioned that tidbit because of the site's claim that it was objective. I believed it until I read the 'yeah, Terri' at the end of the statement about the stay.

It's still a good source of information.
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DearAbby Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 10:52 PM
Response to Reply #15
20. I would like to see a copy of that subpoena
it is public record and should be able to view it, or is it a ploy? I had heard that it was not a subpoena but a worded invitation of sorts. Is there a copy that can be viewed?
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mzmolly Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:05 PM
Response to Original message
3. All I know is ...
Edited on Fri Mar-18-05 09:06 PM by mzmolly
She was a bulimic who collapsed one day due to issues with the illness.

She never recovered completely, and her husband said she would not have wanted to live in such a manner. Incidentally he want's to re-marry and her family says that's why he is hoppin to stop the feeding. I believe there may be life insurance involved as well? Could be wrong on that one. Especially given the fact that he was supposedly offered a mill to stop pressing the matter.

As for her family they feel she's able to recognize them and that there is hope for the future.

I think both parties feel that they want what's best.

It's a sad case all around.
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cynatnite Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:21 PM
Response to Reply #3
6. The truth of the matter is:
If her husband wanted to remarry he could have just divorced her. Pulling the tube as a reason to remarry is a lame excuse. Any money they had has been used for her care and legal expenses. She's on indigent care from what I understand.

I agree it's a sad case, but keep in mind that time and time again the courts have ruled in favor of her husband in the several years it's been litigated.

Everyone has had their time in court and made their points over and over. The husband prevailed as he should have, IMO.
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BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:41 PM
Response to Reply #6
12. All the money they won from a legal case for the mis-diagnosed bulimia has
been spent on her care and legal expenses. Medicaid is now footing the bill for her care.
Had the Bush tort reform been in effct at the time, the maximum award could only have been $250,000 instead of the $1million they got, and her care would have been paid for by Medicaid that much sooner.
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mzmolly Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 10:44 PM
Response to Reply #6
19. I tend to agree actually.
But, I do feel that all parties have the best interest of Terry S at heart. It's a matter of perspective.
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Heyo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:08 PM
Response to Original message
4. You've pretty much nailed it.. n/t
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Lady Effingbroke Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:14 PM
Response to Original message
5. "They called in the Christian Right reinforcements...
...and now all hell has broken loose."

LOL!!!
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Freedom_from_Chains Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:25 PM
Response to Original message
7. That is the real thing that bothers me about this whole affair
Is that the parents rights are apparently being viewed as superior to the husbands rights.
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BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:31 PM
Response to Reply #7
9. Only by the Fundie RWers. The courts have consistently ruled for the
husband.
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wolfgirl Donating Member (950 posts) Send PM | Profile | Ignore Fri Mar-18-05 10:14 PM
Response to Reply #9
17. The courts have ruled
for Terry...to let her go in peace.
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Freedom_from_Chains Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-19-05 08:01 AM
Response to Reply #9
24. I understand that they have ruled for the husband
By why are they even allowing the parents to having any standing in the matter and thereby bringing suit?
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Infomaniac Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:42 PM
Response to Reply #7
13. I have to agree.
This bothers me too. So much for the sanctity of marriage.
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soothsayer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 11:26 PM
Response to Reply #7
21. If someone wants you to die, and someone wants you to live,
maybe the courts should go with those who want you to live. UNLESS it's really clear (say, in writing, not your husband saying, O yeah, she wants to die, she said so once) that your wishes are otherwise.
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Freedom_from_Chains Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-19-05 08:03 AM
Response to Reply #21
25. No the courts should go
with those that have standing to bring suit. Otherwise any Tom, Dick, or Harry; no offense to Jane, Mary, and Betty, could bring action on any matter they want.

The question is how do the parents have standing here?
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spanone Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-19-05 10:48 AM
Response to Reply #7
28. Tom DeLay said congress should trump the husbands rights.
What a fuckhead.
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Cha Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 09:42 PM
Response to Original message
14. Here's a transcript from larry king..
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ohio_liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 11:29 PM
Response to Reply #14
22. That's very good
Thanks for the link :)
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UTUSN Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-18-05 11:31 PM
Response to Original message
23. The General Principles Are More Pertinent Than the One Case
1) Individual CHOICE.

2) Next-of-kin (beginning with SPOUSE) carrying out the patient's CHOICE.

3) Where there is no written instruction from the patient, STATEMENTS of the next-of-kin and close friends/relatives rule.

4) The government DOES NOT interfere in this PRIVATE DECISION.
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