Just read this. It takes no moral position, it's just the cold facts of this case.
As Terri's husband, Michael has been her guardian and her surrogate decision-maker. By 1998, though -- eight years after the trauma that produced Terri's situation -- Michael and Terri's parents disagreed over the proper course for her.
Rather than make the decision himself, Michael followed a procedure permitted by Florida courts by which a surrogate such as Michael can petition a court, asking the court to act as the ward's surrogate and determine what the ward would decide to do. Michael did this, and based on statements Terri made to him and others, he took the position that Terri would not wish to continue life-prolonging measures. The Schindlers took the position that Terri would continue life-prolonging measures. Under this procedure, the trial court becomes the surrogate decision-maker, and that is what happened in this case.
I'll bet he wishes he'd not bothered to take the parents doubts into court. Otherwise he could have arbitrarily refused treatment and ordered the tubes removed and a DNR on his authority as guardian.
So much for the attempted murder theory.
Very interesting - a clear summary of what has happened and what the legal issues are WITHOUT the emotionally charged rhetoric that normally accompanies any reference to this case. As other replies to this article show, many people have made up their minds (one way or the other) and are now completely impervious to new information.
Thank you for posting this. It really does clear up a lot of misperceptions and sheds light on some of the more hysterical claims being thrown around.
Informative synopsis of what has transpired (I've read some of it before) and some counter explanation for some of the accusations. Worth a read.
Thanks for posting this. I have been very reluctant to ask any questions on the Terri threads due to the flaming... this cleared up many of my lingering questions.
Thank you for this post. It sheds light on some of the questions I have had about this case.
This is an excellent source of the facts. Since you pointed it out earlier, I've been reading it non-stop. Thanks again.
2/27/1990
CT Scan Report Dr. Greenberg
Normal CT Scan
7/10/1990
Progress Note Dr. Baras
Purposeful movement in right upper extremity seen by P.T., O.T. and me, but not consistent. Flexing rt. Elbow not as a reflex, but voluntarily
7/12/1990
Progress Notes Dr. Baras
Responsive, eyes open to sensory stimulation in arm.
7/13/1990
Progress Notes Dr. Baras
Eyes open to voice, tracking, moving head toward sound, no voluntary movement consistently as yet, but does move right upper extremity
7/19/1990
Progress Notes Dr. Baras
Pt. does respond to pain with moaning
7/26/1990
Progress Notes Dr. Baras
Pt awakens to her name but does not track or turn head to noise
1/29/1991
Progress Note Dr. Alcazaran
Noted increased alertness, turns head toward voice, turns head from tactile stimulation. Sucking and rooting response to olfactory stimulation. Spontaneously vocalized. Good cough. Head midline X 15 sec. Some visual tracking.
1/29/1991
Nursing Note O'Connell, LPN
Pt awake in bed, examined by Dr. Alcazaren - eyes open - some trcking noted X1 when spoken to. No commands followed.
1/29/1991
Case Management Notes T. Hughes
Open eyes to voice and tactile stimulation, appears to track periodically, especially to right.
2/1/1991
Therapeutic Recreation Notes Sherri Lage
Pt. appeared to focus on several pictures of family for about 10 seconds, appeared to slightly track to left each session, but inconsistent. Quick startle response to all auditory stimuli, occasionally moved head away from tactile stimuli. No response to olfactory.
2/6/1991
Speech-Language Notes
Commands to voice - moves tongue, (slight elevation noted), blinks eyes. Movements not developed to the point that a yes/no response could be initiated. Visual tracking to left is inconsistant. Oral motor stimulation results in increased reflexive chew / swallow
2/8/1991
Therapeutic Recreation Notes Sherri Lage
Seen 5X last week. Had eyes open each session, appeared to focus on family pictures but only slight tracking to left noted X1. Consistent startle response to auditory stimuli
2/13/1991
Progress Notes Dr. Alcazaren
Arouses easily
2/15/1991
Psychology Notes Patti Shook
Terri's eye opening responses were her strongest. Terri's tactile responses were her best, with the other four modalities only 1 to 2 points behind. This level of functioning is appropriate for a sensory stimulation program.
2/20/1991
Physical Therapy Notes
Pt has made significant gains since admission in all areas of range of motion. Have on one occasion when pt reclined, on command pt extended right knee, 4 X / 6 at random request. Appeared to follow command to turn her head while I had her on the mat the other day, but not (yet) consistant.
3/6/1991
Nursing Note DeRosa, RN
Pt lifted head off pillow straining neck, look at something to her right. Pt making humming sounds for about 5 min.
3/8/1991
Progress Notes Dr. Carnahan
Bone Scan reveals subperiosteal area of right thigh - most likely reflects H.O. Other areas not explained by disease ? Infection. Neoplastic is rare probability.
3/15/1991
Therapeutic Recreation Notes Laura Mizell
Therapeutic Recreation T.R. 5X/wk for 1/2 hr. Pt has displayed an increase in eye opening since last 30 day summary. Pts responses to auditory stimulation are at the point that they are almost auditorily defensive. During recent outings, rugby game kept eyes closed to, from and during game, beach visit more aroused.
3/26/1991
Nurses Notes
Terri's side-rail on her bed found down after Michael left. When told about it, he replied that "that was their job."
4/5/1991
Therapeutic Recreation Notes Laura Mizell
Pt seen 5X this week. Pt appears to blink eyes to sounds. Turned away from blow drier, increase in tone. Turned head when therapist used her name.
March to mid summer, 1997
Heidi Law Affidavit
No physical or other therapy. Extremely ticklish on her feet. Sat in a chair all afternoon. When in bed, preferred to lie on her right side and look out the window. Displayed likes and dislikes. Adored baths
11/11/1997
Assessment Report Marie Piarade CTR
Resident enjoys listening to other people converse, loves to hear jokes and laughs; appears to enjoy music entertainment, likes when people tell her jokes; demonstrates occasional responses, i.e., eye contact, laughter, but not consistent; mild pain
3/14/1998
Progress Notes Dr. Barnhill
Examined patient for neurolocial evaluation per request of husband through attorney George Felos
5/14/1998
Nurses Notes
Alert, non-responsive
5/22/1998
Nurses Notes
Alert
5/28/1998
Nurses Notes
Pt. remains alert
9/11/1999
Dr. Letter Jeffrey Karp, M.D.
pt is in a persistent vegetative state per Florida Statutes provided to me by Mr. Felos
Awesome post. I learned a lot from this, which isn't something I can say about the media coverage. Thanks!
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME the undersigned authority personally appeared CARLA SAUER IYER, R.N., who being first duly sworn, deposes and says:
1. My name is Carla Sauer Iyer. I am over the age of eighteen and make this statement of my own personal knowledge.
2. I am a registered nurse in the State of Florida, having been licensed continuously in Florida from 1997 to the present. Prior to that I was a Licensed Practical Nurse for about four years.
3. I was employed at Palm Garden of Largo Convalescent Center in Largo, Florida from April of 1995 to July 1996, while Terri Schiavo was a patient there.
4. It was clear to me at Palm Gardens that all decisions regarding Terri Schiavo were made by Michael Schiavo, with no allowance made for any discussion, debate or normal professional judgment. My initial training there consisted solely of the instruction “Do what Michael Schiavo tells you or you will be terminated.” This struck me as extremely odd.
5. I was very disturbed by the decision making protocol, as no allowance whatsoever was made for professional responsibility. The atmosphere throughout the facility was dominated by Mr. Schiavo’s intimidation. Everyone there, with the exception of several people who seemed to be close to Michael, was intimidated by him. Michael Schiavo always had an overbearing attitude, yelling numerous times such things as “This is my order and you’re going to follow it.” He is very large and uses menacing body language, such as standing too close to you, getting right in your face and practically shouting.
6. To the best of my recollection, rehabilitation had been ordered for Terri, but I never saw any being done or had any reason at all to believe that there was ever any rehab of Terri done at Palm Gardens while I was there. I became concerned because nothing was being done for Terri at all, no antibiotics, no tests, no range of motion therapy, no stimulation, no nothing. Michael said again and again that Terri should NOT get any rehab, that there should be no range of motion whatsoever, or anything else. I and a CNA named Roxy would give Terri range of motion anyway. One time I put a wash cloth in Terri’s hand to keep her fingers from curling together, and Michael saw it and made me take it out, saying that was therapy.
7. Terri’s medical condition was systematically distorted and misrepresented. When I worked with her, she was alert and oriented. Terri spoke on a regular basis while in my presence, saying such things as “mommy,” and “help me.” “Help me” was, in fact, one of her most frequent utterances. I heard her say it hundreds of times. Terri would try to say the word “pain” when she was in discomfort, but it came out more like “pay.” She didn’t say the “n” sound very well. During her menses she would indicate her discomfort by saying “pay” and moving her arms toward her lower abdominal area. Other ways that she would indicate that she was in pain included pursing her lips, grimacing, thrashing in bed, curling her toes or moving her legs around. She would let you know when she had a bowel movement by flipping up the covers and pulling on her diaper.
8. When I came into her room and said “Hi, Terri”, she would always recognize my voice and her name, and would turn her head all the way toward me, saying “Haaaiiiii” sort of, as she did. I recognized this as a “hi”, which is very close to what it sounded like, the whole sound being only a second or two long. When I told her humorous stories about my life or something I read in the paper, Terri would chuckle, sometimes more a giggle or laugh. She would move her whole body, upper and lower. Her legs would sometimes be off the bed, and need to be repositioned. I made numerous entries into the nursing notes in her chart, stating verbatim what she said and her various behaviors, but by my next on-duty shift, the notes would be deleted from her chart. Every time I made a positive entry about any responsiveness of Terri’s, someone would remove it after my shift ended. Michael always demanded to see her chart as soon as he arrived, and would take it in her room with him. I documented Terri’s rehab potential well, writing whole pages about Terri’s responsiveness, but they would always be deleted by the next time I saw her chart. The reason I wrote so much was that everybody else seemed to be afraid to make positive entries for fear of their jobs, but I felt very strongly that a nurses job was to accurately record everything we see and hear that bears on a patients condition and their family. I upheld the Nurses Practice Act, and if it cost me my job, I was willing to accept that.
9. Throughout my time at Palm Gardens, Michael Schiavo was focused on Terri’s death. Michael would say “When is she going to die?,” “Has she died yet?” and “When is that bitch gonna die?” These statements were common knowledge at Palm Gardens, as he would make them casually in passing, without regard even for who he was talking to, as long as it was a staff member. Other statements which I recall him making include “Can’t you do anything to accelerate her death - won’t she ever die?” When she wouldn’t die, Michael would be furious. Michael was also adamant that the family should not be given information. He made numerous statements such as “Make sure the parents aren’t contacted.” I recorded Michael’s statements word for word in Terri’s chart, but these entries were also deleted after the end of my shift. Standing orders were that the family wasn’t to be contacted, in fact, there was a large sign in the front of her chart that said under no circumstances was her family to be called, call Michael immediately, but I would call them, anyway, because I thought they should know about their daughter.
10. Any time Terri would be sick, like with a UTI or fluid buildup in her lungs, colds, pneumonia, Michael would be visibly excited, thrilled even, hoping that she would die. He would call me, as I was the nurse supervisor on the floor, and ask for every little detail about her temperature, blood pressure, etc., and would call back frequently asking if she was dead yet. He would blurt out “I’m going to be rich!,” and would talk about all the things he would buy when Terri died, which included a new car, a new boat, and going to Europe, among other things.
11. When Michael visited Terri, he always came alone and always had the door closed and locked while he was with Terri. He would typically be there about twenty minutes or so. When he left Terri would would be trembling, crying hysterically, and would be very pale and have cold sweats. It looked to me like Terri was having a hypoglycemic reaction, so I’d check her blood sugar. The glucometer reading would be so low it was below the range where it would register an actual number reading. I would put dextrose in Terri’s mouth to counteract it. This happened about five times on my shift as I recall. Normally Terri’s blood sugar levels were very stable due to the uniformity of her diet through tube feeding. It is my belief that Michael injected Terri with Regular insulin, which is very fast acting.
12. The longer I was employed at Palm Gardens the more concerned I became about patient care, both relating to Terri Schiavo, for the reasons I’ve said, and other patients, too. There was an LPN named Carolyn Adams, known as “Andy” Adams who was a particular concern. An unusual number of patients seemed to die on her shift, but she was completely unconcerned, making statements such as “They are old - let them die.” I couldn’t believe her attitude or the fact that it didn’t seem to attract any attention. She made many comments about Terri being a waste of money, that she should die. She said it was costing Michael a lot of money to keep her alive, and that he complained about it constantly (I heard him complain about it all the time, too.) Both Michael and Adams said that she would be worth more to him if she were dead. I ultimately called the police relative to this situation, and was terminated the next day. Other reasons were cited, but I was convinced it was because of my “rocking the boat.”
13. Ms. Adams was one of the people who did not seem to be intimidated by Michael. In fact, they seemed to be very close, and Adams would do whatever Michael told her. Michael sometimes called Adams at night and spoke at length. I was not able to hear the content of these phone calls, but I knew it was him talking to her because she would tell me afterward and relay orders from him.
14. While at Palm Gardens, I became fearful for my personal safety. This was due to Michael’s constant intimidation, including his menacing body language, vocal tone and mannerisms.
15. I have contacted the Schindler family because I just couldn’t stand by and let Terri die without the truth being known.
FURTHER AFFIANT SAYETH NAUGHT.
CARLA SAUER IYER, R.N.
The foregoing instrument was acknowledged before me this _____ day of September, 2003, by CARLA SAUER IYER, R.N., who produced her Florida driver’s license as identification, and who did / did not take an oath. Notary Public My commission expires: CARLA SAUER IYER, R.N
" I was employed at Palm Garden of Largo Convalescent Center in Largo, Florida from April of 1995 to July 1996, while Terri Schiavo was a patient there."
“Can’t you do anything to accelerate her death - won’t she ever die?” When she wouldn’t die, Michael would be furious. Michael was also adamant that the family should not be given information. ".....
" I ultimately called the police relative to this situation, and was terminated the next day...." CARLA SAUER IYER, R.N - Affidavit
Terri Responding to Music Video in a Hospice
Terri with her Father Video in a Hospice
Neurologist Dr. Hammesfahr TV Clip about Terri - Part 1
Dr. Hammesfahr TV Clip about Terri - Part 2 & 3
Ron Panzer's AUDIO interview with Dr. Hammesfahr who performed tests on Terri for 10 hours. Full details about Terri - 90 minutes
Well, here is some of Michael's tortured testomony then. If you want more it can be provided:
------------------------------------------------------------
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR PINELLAS COUNTY
2 CIVIL DIVISION
DATE AND TIME: July 27, 1992; 9:05 a.m. CASE NO. 92-939CI-
15
p.99 Michael Schiavo Deposition Medical Malpractice Pt 4
24 Q Now, what -- when you saw her, do you know
25 what time it was? ___
p.103 of MS Depo Med Mal Pt 4
1 A I believe it was almost five a.m..
2 Q When you saw her, how was she lying; in other
3 words, on her back or --
4 A On her back.
5 Q Did she make any sound at all before she fell
6 that you heard?
Excerpts of Michael Schiavo's July 27, 1992 Deposition
CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
STATE OF FLORIDA IN AND FOR PINELLAS COUNTY
PROBATE DIVISION
CASE NO. 90-2908-GD3 January 24, 2000
BEFORE: GEORGE W. GREER Circuit Court Judge
PLACE: Clearwater Courthouse
Clearwater, FL 33756
Q Michael, tell me what occurred on
11 February 25, 1990.
12 A I got home late from work that night. I
13 came in the house. Terri woke up. She heard me.
14 I gave her a kiss good night. She gave me a kiss
15 good night. A few hours later, I was getting out
16 of bed for some reason and I heard this thud. So
17 I ran out into the hall and I found Terri on the
18 floor. I knelt down next to her and I turned her
19 over because she sort of fell on her face. On her
20 stomach and face.
21 I turned her over going, "Terri, Terri.
Feb 25, 1990 Police Report
St Petersburg Police Department
WRITER RESPONDED TO THE ABOVE ADDRESS IN REFERENCE TO
PARAMEDICS NEEDING ASSISTANCE ON A MEDICAL EMERGENCY.
UPON ARRIVAL, WRITER SPOKE WITH FIREFIGHTER/PARAMEDIC J. RADJESKI. HE STATED HE RESPONDED TO THE ADDRESS FOR A
MEDICAL EMERGENCY. THEY FOUND A SUBJECT IN QUESTION
(THERESA) LYING FACE DOWN AND UNCONSCIOUS HALFWAY
IN AND HALFWAY OUT OF A BATHROOM.
Arrived: 06:33
Completed: 08:55
Great article. Thanks!
Larry King Show - 2003
Lie detector test?
Following 45 minutes of a they-said, he-said discussion, in which Schiavo repeatedly accused the Schindlers of lying, King opened the show to callers who asked tougher questions than King.
One caller asked if Schiavo was willing to take a lie detector test. Schiavo responded, "I'll refrain from answering that right now."
http://64.233.187.104/search?q=cache:3kphldRgxN0J:www.worldnetdaily.com/news/article.asp%3FARTICLE_ID%3D35304+michael+schiavo+found+terri&hl=en
Thanks for posting this. Good to have some objective facts for a change.
Liar. According to neurologist William Hammesfahr, who examined her:
Terri's 1996 brain scan shows 75% normal brain tissue; not scar tissue. It is not all fluid. That report is bogus. Her cortex is not missing; not at all. Some areas are thinned, probably due to hydrocephalus, with the fluid pushing against her brain. She is functioning. That is what is important. I have seen people a lot worse than her, and they are talking. A brain scan taken two years ago showed improvement.
http://www.ginzell.net/hammesfahr_interview_startling_revelations.html
Excellent post.
Bump for good, informative post.
By the way, MATT is ON THE OTHER SIDE. THIS IS INFORMATION FROM THE OTHER SIDE. Conigliaro tries to look fair and balanced. We figured out from when he came a couple of years ago. This Appeal Abstract is just a blogger for left wing judicial activist behind kissers.