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By Kathy Gill, About.com Guide to US Politics since 2004

Greer Rules for Husband

Friday February 25, 2005
Florida Judge George Greer has directed Michael Schiavo to remove the feeding tube keeping his wife alive on 18 March. The judge said that "The court is no longer comfortable granting stays simply upon the filing of new motions and petitions since there will always be 'new' issues that can be pled.'' The case is a study in the power of new motions and appeals as a method for drawing out final court rulings.

Terri (Schindler) Schiavo's parents are expected to appeal to the US Supreme Court.

In January, the USSC refused to hear an appeal by Florida Governor Jeb Bush, who was arguing for a state law which authorized him to keep the feeding tube in place. The Florida Supreme Court called the state law unconsitutional, noting that "it violated the constitutional separation of powers between the legislative, executive and judicial branches."

An Orlando Sentinel columnist questioned University of South Florida professor Jay Wolfson, the guardian ad litemin 2003 and author of a report about her case for Gov. Bush.

Wolfson's report contains a detailed timeline of events and treatments and paints a picture of a husband who, after years of belief that his wife might recover, accepted that was not to be the case. It also paints a picture of parents who have not reached this acceptance.
From the report (pdf, 38 pages):
Testimony provided by members of the Schindler family included very personal statements about their desire and intention to ensure that Theresa remain alive . . . at any and all costs. Nearly gruesome examples were given, eliciting agreement by family members that in the event Theresa should contract diabetes and subsequent gangrene in each of her limbs, they would agree to amputate each limb and would then, were she to be diagnosed with heart disease, perform open-heart surgery. Within the testimony, as part of the hypothetical presented, Schindler family members stated that even if Theresa had told them of her intention to have artificial nutrition withdrawn, they would not do it. Throughout this painful and difficult trial, the family acknowledged that Theresa was in a diagnosed persistent vegetative state.

In a footnote, Wolfson writes: 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.
According to the columnist, "Wolfson told me that when Michael heard this, he said: 'That's it. I'm never going to let that happen to her.'"

Wolfson reflects on societal attitudes and notes (emphasis added):
It is noteworthy that the general principle of artificial nutrition as artificial life support that may be removed in terminal and even vegetative state conditions is reflected in nearly all state’s laws and within the guidelines of end of life care enunciated by the American Conference of Catholic Bishops and other religious denominations.
The Wolfson report suggests the Terri Schiavo affair is a case study in appeals. Over and over, the Schindler's have failed to make their case in court. In each and every case, they have appealed their loss. Someone should calculcate the cost to the public of each of these appeals, given the current political focus on "tort reform."
  • June 1990 - Michael Schaivo appointed guardian
  • 1993 - Successful malpractice decision against the obstetrician who had managed Terri's fertility treatments; the court established a trust fund with an independent trustee; Michael Schiavo had no control over its use.
  • 1993 - Schindler's petitioned to remove Michael as guardian
  • 1994 - Guardian Ad Litem found Michael Schiavo had made no inapprorpiate actions, indicating, instead, that he "had been very attentive to Theresa. "
  • June 1996 - Court orders two copies of all medical records because the tw parties no longer communicated
  • May 1998 - First petition to remove life support; Guardian Ad Litem recommends denying the petition; Michael Schiavo establishes a "well pleaded case for bias;" Pearse discharged in 1999
  • Feb 2000 - Judge Greer orders removal of artificial life support
  • 2001 - Court denies Schindler's motion to remove Michael Schiavo as guardian; sets 24 April 2001 as date to end artificial life support
  • 2001 - Appeal to Florida 2nd District Court of Appeals (DCA); decision affirmed
  • 23 April 2001 - Appeal to Florida Supreme Court denied
  • 24 April 2001 - Feeding tube clamped
  • 26 April 2001 - Schindler's file civil action, granted a temporary injunction
  • Oct 2001 - Forlida 2nd DCA concluded that the Schindlers "have presented no credible evidence suggesting new treatment can restore Mrs. Schiavo."
  • 2001-2002 - More motions to trial court
  • Oct 2002 - Hearing on medical review; "the trial court concluded that no substantial evidence had been presented to indicate any promising treatment that might improve Theresa’s cognition."
  • June 2003 - Appeal to Florida 2nd DCA; "The appellate court affirmed the trial court’s ruling and its conclusions, and in addition, ordered the trial court to set a hearing date for removal of the artificial life support. " Date set: 15 Oct 2003
  • 2003 - Schindlers ask Federal court for preliminary injunction
  • 6 Oct 2003 - Florida Governor Jeb Bush filed an Amicus brief supporting the motion
  • 15 Oct 2003 - Artificial feeding tube disconnected for the second time.
  • 21 Oct 2003 - Florida legislature passes HB 35 E, authorizing the Governor to stay the disconnection. Feeding tube re-inserted.
  • 1 Dec 2003 - Wolfson report


See Bloomberg, Reuters,

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