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New Guardian Urged for Terri Schiavo, More Evaluation of Her Condition Needed
LifeNews.com ^ | December 2, 2003 | Steven Ertelt

Posted on 12/02/2003 11:28:31 AM PST by nickcarraway

Tallahassee, FL (LifeNews.com) -- An independent guardian appointed for Terri Schiavo told Governor Jeb Bush Tuesday that she deserves a permanent guardian other than her estranged husband Michael. He also claimed Terri is in a permanent vegetative state, but added that she should be re-evaluated by experts.

Under Terri's Law passed by the state legislature, an independent guardian was authorized to provide Governor Bush with recommendations about Terri's situation.

On October 31, Chief Pinellas-Pasco Chief Judge David Demers appointed Dr. Jay Wolfson, a professor of health and law at Stetson University in Florida, as Terri's guardian ad litem, despite the suggestion of bias from Terri's family.

Wolfson submitted a lengthy thirty-page report to Bush on Tuesday.

According to a source familiar with the report, Wolfson describes Terri as being in a persistent vegetative state. However, numerous doctors say otherwise and videos made by Terri's parents show her responding to doctors and her family.

Dr. William Hammesfahr, a neurologist from Clearwater, where Terri was hospitalized, is a recognized national expert on PVS and is a Nobel prize nominee. He says Terri's eyes clearly fixate on her family and she tries to follow the simple commands her parents give her.

"She looks at you, she can follow commands," Hammesfahr said.

Wolfson says Terri should be granted a permanent guardian other than Michael Schiavo. Among other concerns, Terri's family says has denied her appropriate medical and rehabilitative care he was obligated to provide from a medical malpractice award he received.

Wolfson also said medical experts should be brought in to evaluate Terri's cognitive function and her rehabilitative abilities.

Following the passage of Terri's Law, Wolfson told WFTS-TV in Tampa, Florida: "If this law stands the constitutional test of the courts, then it certainly implies the executive of our state has the prerogative of injecting the state into your life, or your family member's life."

Pat Anderson, the family's attorney, later told LifeNews.com that they met with Wolfson and were "very hopeful he can get his work done in the thirty days given to him."

Related web sites:

Terri's family - http://www.terrisfight.org


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; Miscellaneous; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: courts; florida; jebbush; prolife; righttolife; schiavo; schindler; terrischiavo; terrisfight
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To: Ohioan from Florida; fiesti; sweetliberty; Theodore R.; Robert A. Cook, PE; FR_addict; msmagoo; ...
Thanks for the link to the GAL's full report. Just started reading it but then was appalled when I got to this statement at the bottom of page 4 - the "Questions and Recommendations" section:

"1. Should the Govenor lift the stay that he previously entered relative to Theresa Schiavo's feeding tube?
a. Yes. The Governor should lift the stay, if valid independent scientific medical evidence clearly indicates that Theresa has no reasonable medical hope of regaining any swallowing function and/or if there is no evidence of cognitive function and no hope of improvement.
b. No. The Governor should not lift the stay if valid, independent scientific medical evidence clearly indicates that Theresa has a reasonable medical hope of regaining any swallowing function and/or if there is evidence of cognitive function with or without hope of improvement.

Emphasis added. It appears that this Wolfson dude follows the "useless eater" philosophy. Everything is predicated on "evidence of cognitive function" or "swallowing function". He would pull the plug, so to speak, simply because the a person lacks cognitive function or can't feed themselves orally. Hitler would have been proud. Working professionally as an Occupational Therapist, I have been letting disabled people know about Terri's case. When they dig into it, they become outraged because they can see themselves readily in Terri's shoes. I can't tell you how many hundreds of thousands of U.S. citizens would have to be put to death if we were to follow Wolfson's recommendations. I have to say that this man totally disgusts me and I can no longer read his garbage. May God grant Gov. Bush the fortitude to say "thanks, but no thanks" to his offer to stay on as GAL.

221 posted on 12/03/2003 11:12:28 PM PST by FatherOfLiberty (Never attribute to malice that which is adequately explained by stupidity.)
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To: FatherOfLiberty

I'm hoping this Wolfson doesn't stay on as Gal too. I didn't like his PVS statement but mostly I question his relationship to these judges.
He's in the same area, maybe his bread is being buttered by them.
I'm also hoping the Gov. can get Terri's case out of Pinellas County and out of all their clutches.

Would love to see all their bank records too.
222 posted on 12/04/2003 4:39:08 AM PST by pickyourpoison
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To: FatherOfLiberty; msmagoo; Krodg; pickyourpoison
Thanks for posting that excerpt. I haven't been able to open pdf files for some time. Wolfson isn't a medical doctor, I understand from another FReeper's posts about a week ago. And as was pointed out to me above, he made his recommendations from 'cleansed' records. Here are his credentials for playing God:

"Wolfson, an attorney and health sciences professor, is an expert in health-care financing. He based his conclusions on Terri Schiavo's medical records."
http://freerepublic.com/focus/f-news/1032685/posts

Again, Bush's response from the same link:
"Bush said nothing in Wolfson's report has changed his mind that it was right to keep Terri Schiavo alive.

"I see nothing in the report that changes any feelings I have about whether or not the stay should be lifted," Bush told The Associated Press, adding he respected Wolfson's efforts and agreed that Terri should undergo swallowing tests.

"That's the good news part of this," he said.

In a statement released later, Bush said he remained concerned there were too many "open questions" in the case, chiefly about what Terri Schiavo's end-of-life wishes were. She left no written directive.....

In his statement, *** Bush said court proceedings have not addressed Michael Schiavo's conflict of interest - he stood at one time to inherit hundreds of thousands of dollars from his wife and now has children with another woman."

Wolfson also said this:

"Wolfson also said that a judge's original decision to grant Michael Schiavo permission to withdraw the feeding tube that has kept his wife alive for 13 years was ***"firmly grounded" in Florida case law."

[This is a lie, on at least one GLARING point: the fact that MS is guilty under current Florida statutes of Lewd and Lascivious Behavior, which SHOULD have, under the law, DISQUALIFIED him from guardianship. We won't even go into the fact that the intent of the legislature that not even the APPEARANCE of conflict-of-interest or impropriety be seen in adjudicating these cases is blown away by the fact that MS's lawyer Felos was the Chairman of the Board for $uncoast, the hospice that is so anxious to do the killing, and which is in debt to the feds to the tune of almost $15 million, which possibly took place under the nose of Felos?? I know the Feds have been trying to collect since 1997. Hmmm.]

[My view is this: unless a person has left written, witnessed, notarized instructions to that effect, the State should not be playing God with anyone's life. I think, and pray that Bush is on the right side of this. That aside...]

I hope this is not some whole charade rigged for the 'stupid' cattle, us 'useless eaters'. Do you or does anyone know what became of that bill in the Florida legislature to strike 'lewd and lascivious behavior' from the guardianship rules? Are we waiting until that bill passes so that MS can have all 'legal' obstacles removed from his 'right' to murder Terri?
223 posted on 12/04/2003 4:56:16 AM PST by Ethan_Allen (Gen. 32:24-32 'man'=Jesus http://www.preteristarchive.com/Jesus_is_Israel/index.html)
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To: FatherOfLiberty
The thing about Terri is that we have known from the start that Greer, Baird, Wolfson, King, etc. are committed to her immediate death by starvation and dehydration. They may quibble over the timing, but they stand firm for her demise. The case has also shown us the uselessness of the Americans with Disabilities Act of 1990.
224 posted on 12/04/2003 5:24:13 AM PST by Theodore R.
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To: FR_addict
No matter how good the briefs filed by the Bush-Connor side, the FL judiciary is ultraliberal (bipartisan liberal) and is apparently nearly unanimous in its decree that Terri must die. Liberal George J. Felos is always saying that every judge who has heard the case supports dehydration/starvation.
225 posted on 12/04/2003 6:26:11 AM PST by Theodore R.
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To: FatherOfLiberty
It appears that this Wolfson dude follows the "useless eater" philosophy.

Do you know where this term "useless eater" originated? The more I hear it, the more it describes what the other side thinks about the disabled.

In Wolfson's report he described how terrible it was that Terri's family stated they would keep her alive if she had to have her legs amputated. (page 15 & 16) How many of us have known people with diabetes who have had their legs amputated. I think the bar is already getting lowered by this case as to what a "useless eater" is.

226 posted on 12/04/2003 6:38:29 AM PST by FR_addict
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To: Ohioan from Florida; lilypad; pc93; floriduh voter; fiesti
THANKS, OF, for posting so we can read original report --

#124 Found one at terrisfight.org. Hopefully this link will work. It's in pdf format.
http://www.sun-sentinel.com/news/local/florida/orl-schiavoreport120203,0,1614523.acrobat?coll=sfla-news-florida

or #125 -- http://www.orlandosentinel.com/media/acrobat/2003-12/10455191.pdf
227 posted on 12/04/2003 8:26:28 AM PST by cyn (http://www.terrisfight.org)
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To: Ohioan from Florida; lilypad; sweetliberty; nicmarlo; FL_engineer
Oh, POOEY! I'm running into the same problem I had last night -- the pdg did not load from page 9 to about page 33 or so. After that, I got an "internal link error" message. Now as I look again for pg 35, even those pages are . . . gone?

Not only that, but I can't print out the tops of the pages. They are completely cut off -- they do not even appear at the bottom of the previous pages. Don't know if it can be corrected with my computer or printer, or if it's the way the pdf is 'loaded'.

Any one else having problems? Any suggestions?
228 posted on 12/04/2003 8:51:10 AM PST by cyn (http://www.terrisfight.org)
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To: Pegita
Amen.
229 posted on 12/04/2003 9:05:13 AM PST by cyn (http://www.terrisfight.org)
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To: FatherOfLiberty
I conversed with Wolfson on a chat client. If interested in the conversation for educational research purposes then please e-mail at pc93@bellsouth.net.
230 posted on 12/04/2003 9:13:39 AM PST by pc93 (Please visit http://bellsouthpwp.net/p/c/pc93/terri_schindler_life_ribbon_campaign.htm)
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To: Lauren BaRecall; RJayneJ
"That's what I was wondering." oh, rofl!!

RJayne, do you give commendations for utterly wonderful dry wit in unexpected places? This is hilarious!

231 posted on 12/04/2003 9:24:22 AM PST by cyn (http://www.terrisfight.org)
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To: cyn
If you right click on the links above, Explorer will give you a choice to "Save Target as". If you save it to your hard disk, you may be able to read it better.

I'm using Adobe Reader 5.0.
232 posted on 12/04/2003 10:05:55 AM PST by FR_addict
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To: nickcarraway
Thanks for your new post. I'm linking it for everyone here.

The Guardian Speaks: Terri Schiavo's guardian files his report; there's bad news and good news.
Weekly Standard ^ | 12/04/2003 | Wesley J. Smith
http://www.freerepublic.com/focus/f-news/1033913/posts

Posted on 12/04/2003 10:11:49 AM PST by nickcarraway
233 posted on 12/04/2003 12:01:31 PM PST by FR_addict
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To: nickcarraway
Thanks for your new post. I'm linking it for everyone here.

The Guardian Speaks: Terri Schiavo's guardian files his report; there's bad news and good news.
Weekly Standard ^ | 12/04/2003 | Wesley J. Smith
http://www.freerepublic.com/focus/f-news/1033913/posts

Posted on 12/04/2003 10:11:49 AM PST by nickcarraway
234 posted on 12/04/2003 12:01:39 PM PST by FR_addict
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To: cyn
Give me the post # you are referring to.
235 posted on 12/04/2003 5:06:25 PM PST by RJayneJ
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To: cyn
(curtsy) :oD
236 posted on 12/04/2003 8:25:43 PM PST by Lauren BaRecall (Impeach Greer!)
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To: lonevoice
Jeb, his lawyers, key senators, Bob Marshall and others (as my witness) were e-mailed the following:

All,

Guardian Ad Litem Jay Wolfson is now on record (see below) anent being
aprised that Terri Schindler Schiavo is being denied her retained rights to
rehabilitation and being brought to full capacity at the soonest possible
time - something which he failed to address in his report. Wolfson's bias to
see Terri dead readily shows from his report and readily shows from the
conversation below. Since when does getting rehabilitation for a certain
period of time (if his assertion is true) preclude the retained rights under
law regarding rehabilitation? There is no time limit in the laws in regards
to rehabilitation as it is a retained right. It doesn't stop after the
asserted (supposed) time period of 4 years. Contrary to what Michael
Schiavo's attorney George Felos asserts: that every day that Terri's feeding
tube is not removed is a violation of her rights, my contention is that
every day that goes by that Terri does not receive rehabilitation and
attempts are not made to bring her back to full capacity at the soonest
possible time are violations of her rights (retained rights of the disabled)
under State of Florida laws. One individual I am in contact with states that
it took 3 years to bring her daughter to the point of being able to pass a
swallow test, 3 years of rehabilitations, therapies, etc. just for this
purpose. Terri should not be made to perform at the snap of the fingers,
etc. She should not be tested and judged thereby without the
rehabilitations, therapies that would lead up to being tested. In regards to
responsiveness I would also assert that if Terri is highly medicated that
may be a factor in regards to responsiveness as well. I cannot stress enough
the importance of the fact that Terri is being denied rehabilitation and
being brought to full capacity. This all leads to purposeful neglect
(another violation under State of Florida laws). When are our elected
officials going to do right by Terri? Where is the DCF? All I can say is
that an accounting is being made, officials are being aprised, and the
failure to act is being duly noted. It is not enough that Terri is getting
hydration and nutrition. Please let us know what is being done to get Terri
the urgently needed, regular and meaningful rehabilitations, etc.

Regards and thanks in your helping of Terri,

Juan Schoch
Concerned Florida Resident
United States Citizen
http://bellsouthpwp.net/p/c/pc93/terri_schindler_life_ribbon_campaign.htm

P.S. I am cc'ing others to be as my witness.

___

Thought you might be interested in reading this. My contact with Wolfson
sometime before 11:46:51 AM 12/4/03:

aaos93: Don't you think it would be smart not to start out with negative
premises in regards to Terri's condition. That is not the way to help
someone get rehabilitation that they are unlawfully being denied.
aaos93: It can take up to 3 years of therapy for someone to even pass a
swallow test.
aaos93: There are many TBI people who have experience in these matters in
regards to their own and their loved ones experiences.
aaos93: A rebuttal will be prepared of your report and be made global.
aaos93: Terri is being denied retained rights for 10 years yet you fail to
mention violation of these rights. Officials will be made accountable and
you are acting in an offical capacity.
aaos93: Are you listening?
aaos93: This is Juan Schoch. Sorry I didn't introduce myself earlier.
Hlthlawyer: sorry -- i did not know who was sending messages
aaos93: Oops.
Hlthlawyer: i am whelmed with e mails and phone calls as you might imagine
aaos93: Yes. I can appreciate that.
aaos93: I am just getting a little fed up with the whitewash that is going
on here.
aaos93: There are laws being broken as we speak.
aaos93: Denial of retained rights are felonies.
Hlthlawyer: i appreciate your position, and this was not, as you must know,
a casual process for me
aaos93: I know. I am glad you are taking it seriously. But I do make some
good points.
aaos93: And others.
aaos93: Terri needs to be with those who love her. That is the only way
someone can progress.
aaos93: One cannot leave out that factor.
Hlthlawyer: yes you do. and i have worked closely with the disability
community and attorneys and physicians and ethicists on many sides of this
matter -- and worked as well, very, very closely with Theresa -- and with
the medical records -- many of which nobody outside has ever seen
aaos93: But you stipulated that she has no consciousness.
Hlthlawyer: there are profound philosophical issues that divide the
parties. but the record of the dispute focuses on swallowing and neuro
function
aaos93: And those functions can take years to gain back.
aaos93: She has 10 years coming and the rest of her life for rehabilitation
under her retained rights as a disabled person.
Hlthlawyer: that is the medical information that meets what i believe to
have been the highest standard of scientific medical measurment.
Hlthlawyer: again, most people on the outside have not seen terri or her
records
Hlthlawyer: it is not fair to her to impose others expectations on her
aaos93: I was typing up Science and Sanity of Alfred Korzybski when I
became aware of Terri's plight and even I can see that there are massive
injustices occurring to Terri.
aaos93: Semantically speaking people are playing games.
aaos93: They need to be concerned about Terri and not themselves.
Hlthlawyer: things look different from the outside than from the inside,
would you agree?
aaos93: Michael has no standing.
Hlthlawyer: michael has legal standing
aaos93: Define your terms.
Hlthlawyer: which?
aaos93: 'outside'
aaos93: That things look different from the outside, etc.
aaos93: In terms of the unspeakable level we all have that in common.
aaos93: Terri has inherent rights.
aaos93: It doesn't matter if she can swallow or not.. She still has
retained rights.
Hlthlawyer: those who are not familiar with the facts in the case -- the
actual facts, the medical records, terri personally -- it is like a neighbor
passing judgment on what she thinks is happening in your house
Hlthlawyer: it is difficult to see from the outside things that occur on
the inside in real time and real life
aaos93: And those rights have been denied for 10 years in regards to
rehabilitation and being brought to full capacity withiin the soonest
possible time.
Hlthlawyer: it is diffucult as well, i agree, to see sometimes from the
inside because of bias and hope and belief. that is not true. she received
four years of aggressive rehab --very aggressive rehab
aaos93: She has 10 years of real time rehabilitation coming to her and more
as her retained rights. What are not people getting under Florida Laws?
aaos93: 10 years of denied rehab. What is not registering?
Hlthlawyer: i agree with you -- this is a difficult and challenging case.
but i return again to the possiblility that you are not aware of the facts
and the details -- that creates more of what you might hope and want --
rather than what may be -
aaos93: I am.
aaos93: I know.
Hlthlawyer: we all, each of us come to the table with what we know and what
we believe
Hlthlawyer: that makes us wonderfully human
Hlthlawyer: and flawed, which is part of being human
Hlthlawyer: michael and the shindlers, you and i are all human
Hlthlawyer: we are flawed
aaos93: Yes. But misjudgement on the part of individuals with their own
agendas has gotten in the way and the scales of the balance will be righted.
Hlthlawyer: this has been argued, i could suggest, on both sides
aaos93: And those who have not been for Terri under the laws will be
prosecuted.
aaos93: As there is an attempt of murder on her life.
Hlthlawyer: i appreciate your position. but i must return to my work -- i
wish you the best. thank you for your thoughts.
237 posted on 12/04/2003 8:34:51 PM PST by pc93 (Please visit http://bellsouthpwp.net/p/c/pc93/terri_schindler_life_ribbon_campaign.htm)
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To: pc93
The upshot is that Wolfson is a liberal.

Cumbya.
238 posted on 12/04/2003 10:27:39 PM PST by Lauren BaRecall (Impeach Greer, et al, and dismiss Wolfson!)
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To: Lauren BaRecall
http://216.239.41.104/custom?q=cache:gb7Ymb9tSIoJ:www.wcfaaa.org/medicaid_waiver/ada/ada_hill_dir.pdf+wolfson&hl=en&ie=UTF-8
239 posted on 12/06/2003 6:57:16 AM PST by pc93 (Please visit http://bellsouthpwp.net/p/c/pc93/terri_schindler_life_ribbon_campaign.htm)
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To: daylate-dollarshort
Once again, a article posted with no working link that can be independently verified.

I don't wonder why.
240 posted on 12/06/2003 10:12:29 PM PST by Wampus SC
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