I'm absolutely astounded by the misinformation that is out there. Terri collapsed, due to cardiac arrest. 3 years after her collapse her husband won a malpractice suit with the award being a grand total of $1 million dollars. $700,000 for Terri and $300,000 for the husband. The orginial award was a lot greater, but it was reduced because it was found that Terri was 70% responsible for her own condition. The collapse happened in 1990. In 1998 her husband, after having agressive treatment pursued for Terri for YEARS with no improvement, petitioned the court to remove Terri's feeding tube. Dr.'s had diagnosed her with PVS. The Schindler family disagreed with the husband, so as per the law, the husband as next of kin and guardian of Terri petitioned the court to have a trial to determine Terri's wishes. The trial found that Terri would not want to be kept alive in this manner. Terri's parents testified in court, and under oath that they did not know what Terri wanted, and even if they knew that she would want the feeding tube removed they would not do it. Terri's husband and two of his family members each testified (and were unable to be impeached under cross examination) that at different times, Terri had expressed a desire not to be kept alive by artificial means. The court also based their decison not solely on testimony, but as the court stated, taking into account the person that Terri was, her personality, her previous decision making process.
The case went to the 2nd District Court of Appeals, which found that the trial court had followed the law, and upon review of the case found that the trial court was correct in it's decision, and that they came to the same conclusion as the trial court. The decision of the Trial court was reviewed and affirmed. The Schindlers have petitioned the court for YEARS over a wide range of things, and have lost every single time. For all the screaming by the Schindler family that the husband only wants to get his hands on her money, they forget to mention that they want custody of her, and then they would be heirs to her estate, much like the husband is now. The fail to mention that they demanded money from the husband from the malpractice lawsuit, and when he refused to give it to them, then and only then did they seek to have him removed as guardian. They have changed their story throughout the years, while the husband has consistantly maintained that he is only doing this because he believes it is what Terri wanted. The husband has been offered money time and again and it's always been refused. He offered to "give up" the malpractice award if the Schindlers would just walk away and allow Terri's wishes to be carried out, and they refused. The Schindlers offered to sign over book, tv, & movie deal rights if the husband would give them custody of her. He refused, saying again it wasn't about money or anything other than following Terri's wishes.
TImeline of Events:
February 1990â?¦ Terri suffers cardiac arrest and a severe loss of oxygen to her brain
May 1990â?¦ Terri leaves hospital and is brought to a rehabiliation center for aggressive therapy
July 1990â?¦ Terri is brought to the home where her husband and parents live; after a few weeks, she is brought back to the rehabilitation center
November 1990â?¦ Terri is taken to California for experimental therapies
January 1991â?¦ Terri is returned to Florida and placed at a rehabilitation center in Brandon
July 1991â?¦ Terri is transfered to a skilled nursing facility where she receives aggressive physical therapy and speech therapy
May 1992â?¦ Michael and the Schindlers stop living together
January 1993â?¦ Michael recovers $1 million settlement for medical malpractice claim involving Terri's care; jury had ruled in Michael's favor on allegations Terri's doctors failed to diagnose her bulimia, which led to her heart failure; case settled while on appeal
March 1994â?¦ Terri is transferred to a Largo nursing home
May 1998â?¦ Michael files petition for court to determine whether Terri's feeding tube should be removed; Michael takes position that Terri would chose to remove the tube; Terri's parents take position that Terri would chose not to remove the tube
February 2000â?¦ Following trial, Judge Greer rules that clear and convincing evidence shows Terri would chose not to receive life-prolonging medical care under her current circumstances (i.e., that she would chose to have the tube removed)
April 2000â?¦ Terri is transferred to a Hospice facility
January 2001â?¦ Second District Court of Appeal affirms the trial court's decision regarding Terri's wishes
April 23, 2001â?¦ Florida Supreme Court denies review of the Second District's decision
April 23 or 24, 2001â?¦ Trial court orders feeding tube removed
April 24, 2001â?¦ Terri's feeding tube is removed
April 26, 2001â?¦ Terri's parents file motion asserting they have new evidence regarding Terri's wishes
April 26, 2001â?¦ Trial court denies Terri's parents' motion as untimely
April 26, 2001â?¦ Terri's parents file new legal action against Michael Schiavo and request that the removal of Terri's feeding tube be enjoined; the case is randomly assigned to Judge Quesada
April 26, 2001â?¦ Judge Quesada grants the temporary injunction, orders Terri's feeding tube restored
July 2001â?¦ Second District rules that Judge Greer erred in denying the motion alleging new evidence and, in essence, orders the trial court to consider whether new circumstances make enforcement of the original order inequitable; Second District also reverses the temporary injunction and orders dismissal of much of the new action filed before Judge Quesada
(uncertain)â?¦ Terri's parents detail their reasons why enforcement is inequitable: (1) new witnesses have new information regarding Terri's wishes, and (2) new medical treatment could sufficiently restore Terri's cognitive functioning such that Terri would decide that, under those circumstances, she would continue life-prolonging measures; Terri's parents also move to disqualify Judge Greer
(uncertain)â?¦ Trial court denies both motions as insufficient
October 2001â?¦ Second District affirms the denial of the motion to disqualify and the motion regarding the new witnesses; the appellate court reverses the order with regard to potential new medical treatments and orders a trial on that question with doctors testifying for both sides and a court-appointed independent doctor
March 2002â?¦ Florida Supreme Court denies review of the Second District's decision
October 2002â?¦ Judge Greer holds a trial on the new medical treatment issue, hearing from doctors for both sides and a court-appointed independent doctor; Terri's parents also assert that Terri is not in a persistent vegetative state
Schindlers file emergency motion for relief from judgment based on a 1991 bone scan report indicating Terri's body had previously been subjected to trauma
November 22, 2002â?¦ Following trial, Judge Greer denies Schindlers' motion for relief (new medical evidence motion), rules that no new treatment offers sufficient promise of improving Terri's cognitive functioning and that Terri is, in fact, in a persistent vegetative state
November 22, 2002â?¦ On this same day, Judge Greer denies Schindlers' emergency motion related to the 1991 bone scan
June 2003â?¦ Second District affirms the trial court's decision denying Schindlers' motion for relief from judgment
August 2003â?¦ Florida Supreme Court denies review of the Second District's decision
September 2003â?¦ Terri's parents file federal action challenging Florida's laws on life-prolonging procedures as unconstitutional
October 10, 2003â?¦ Federal court dismisses Schindlers' case
October 15, 2003â?¦ Terri's feeding tube is disconnected
October 20, 2003â?¦ Florida House passes a bill to permit the Governor to issue a stay in cases like Terri's and restore her feeding tube
October 21, 2003â?¦ Federal court rejects injunction request
October 21, 2003â?¦ Florida House and Senate pass a bill known informally as "Terri's Law" to permit the Governor to issue a stay in cases like Terri's and restore her feeding tube ; Governor signs the bill into law and immediately orders a stay; Terri is briefly hospitalized while her feeding tube is restored
October 21, 2003â?¦ Michael brings suit against the Governor, asking to enjoin the Governor's stay on grounds "Terri's Law" is unconstitutional; Judge Baird rejects Michael's request for an immediate injunction, allowing the tube to be restored, and requests briefs on the constitutional arguments involving the new law
November 7, 2003â?¦ Judge Baird rejects Governor's motion to dismiss Michael's suit and have case litigated in Tallahassee
November 20, 2003â?¦ Judge Baird rejects Governor's request for the judge to recuse himself
December 1, 2003â?¦ Guardian ad litem appointed under "Terri's Law" to advise Governor submits report to Governor
December 10, 2003â?¦ Second District rejects Governor's effort to have Judge Baird disqualified
April 2004â?¦ Second District affirms Judge Baird's decision denying Governor's motion to dismiss and have case litigated in Tallahassee
May 2004â?¦ Judge Baird declares "Terri's Law" unconstitutional on numerous grounds
June 2004â?¦ Second District certifies "Terri's Law" case directly to the Florida Supreme Court
July 2004â?¦ Schindlers file new motion for relief from judgment based on Pope John Paul II speech
September 2004â?¦ Florida Supreme Court affirms Judge Baird's ruling that "Terri's Law" is unconstitutional
October 2004â?¦ Judge Greer denies Schindlers' most recent motion for relief from judgment (motion based on Pope John Paul II speech)
December 1, 2004â?¦ Governor asks U.S. Supreme Court to review Florida Supreme Court's decision declaring "Terri's Law" unconstitutional
December 29, 2004â?¦ Second District affirms (without written opinion) Judge Greer's ruling denying Schindlers' most recent motion for relief from judgment
January 6, 2005â?¦ Schindlers file new motion for relief from judgment, alleging Terri never had her own attorney, that the trial court impermissibly applied the law retroactively, and that the original trial on Terri's wishes violated separation of powers principles
January 24, 2005â?¦ U.S. Supreme Court declines review in "Terri's Law" case
February 11, 2005â?¦ Judge Greer denies Schindlers' latest motion for relief from judgment
All court decisions can be found at this site:
http://abstractappeal.com/schiavo/infopage.html
The discharge diagnosis from the hospital where she was originally taken is:
Principle Diagnosis:
*Cardiac Arrest
Secondary Diagnosis:
*Anoxic Brain Damage
*Hypopotassemia
*Respiratory Failure
*Pneumonia Due to Staphylococcus
*Effusion of Joint, Lower Legs
*Bacterial Disease
*Staphylococcus Infection in Conditions Classified Elsewhere &/OR Of Unspecified Site
Here is a link to the CAT scan done on Terri in 1996
Her cerebral cortex is gone and has been replaced with spinal fluid. Her brain stem is still functioning and is the cause behind her movements and the noises she makes. It's simple reflexive actions, not cognitive activity.
She's been given 3 separate swallowing tests and each has determined that she is unable to swallow on her own. If someone tried to feed her or give her liquid by mouth, she would most likely aspirate and/or develop pneumonia.
It's my opinion that the parents are less than honest, and have proven that they don't care as much for their daughter as they do for the spotlight of the media. These people went against court orders and took video of their daughter at the hospice facility and has been offering those video clips online, for a donation to their fund, and even went so far as to ask the court to allow the media to be in her room during the death process after the tube is removed. Their claims of abuse have been investigated time and again, and proven to be unfounded.
The person Terri Schiavo was, is gone. Her wishes have been determined in a court of law.