Jeb Bush supports therapy for brain-damaged Florida woman; feeding tube removal set Oct. 15

AP Wire (breaking story) | October 7, 2003 | VICKIE CHACHERE

[NYer]

TAMPA, Fla. (AP) _ Gov. Jeb Bush is arguing that a brain-damaged woman should be provided therapy despite a state judge's order to remove the feeding tube that has been keeping her alive.

In documents made public Tuesday, lawyers representing the governor argued that Terri Schiavo is entitled to therapy aimed at helping her swallow to determine if she can eat and drink on her own.

The brief, filed late Monday, argues that state law recognizes the persistent vegetative state Schiavo is in as different from having a terminal illness. ``Terri's right to life is violated by the state when the state, acting as her guardian, assumes that her wish to live without artificial sustenance is the same as her wish not to be fed at all,'' the governor's brief said. ``The fact that she is unable to give herself nourishment is not a symptom of a dying body. It is the result of severe injury and disability.''

The 39-year-old woman has been at the center of a long legal battle between her parents, Bob and Mary Schindler, and her husband and legal guardian, Michael Schiavo. She suffered severe brain damage following a heart attack in 1990. The parents want her kept alive; her husband says she never wanted to be kept alive artificially. A hearing is scheduled Friday.

George Felos, a lawyer representing Michael Schiavo, contends there is no provision in the court rules for Bush's brief and said he will file a motion to strike it from the record. ``I think it's a very poor precedent, and it's an unfortunate use of his authority by the governor trying to intervene in this case ... gives the impression that he is trying to put political pressure on the judiciary, and I think that's wrong.''

Pat Anderson, the lawyer representing the Schindlers, declined to comment on the filing. Court-appointed doctors have testified that Terri Schiavo's brain damage is so severe she cannot be rehabilitated. Her feeding tube is set to be removed Oct. 15.

The governor's filing in the Schiavo case is an opinion, not a formal intervention seeking to replace Michael Schiavo as his wife's guardian. Earlier this year, Bush had unsuccessfully tried to intervene in another case, asking an Orlando court to appoint a guardian for the fetus of a disabled rape victim.

On the Net: Terri Schiavo's parents: http://www.terrisfight.org/

AP-ES-10-07-03 1502EDT

[Hildy]

I don't understand you you know what is in the heart of this girl. How do you know?

[Feiny]

If you don't care....please stay off these threads.

[Ohioan from Florida]

My dear, that is the point. I won't be at a point where I can change my mind.

I have no problem with your decision, but I think what CDHart is trying to say is that when your time comes you may find that you feel differently about it than you thought you would. It will be too late to change anything, because your wishes right now will be what's enforced. She's just trying to help you make a more informed decision, on the chance you haven't thought about it from that point of view. Of course, if you already have, then there's no issue here.

Terri can't express her opinion on anything. You are projecting your choice on her and everyone who dares to disagree with you.

This is precisely why we argue for Terri to be allowed to have food and water. There is evidence that Terri would never have opted to have food and water withheld:

1.) She is and was raised a Catholic. Suicide is not condoned by the Church.

2.) Her parents never heard her express a desire to "not be hooked up to anything artificial" as her husband has declared. In fact, her reaction to others in that situation has been contrary to what Michael says.

3.) At the time of Terri's collapse, the Florida statutes did not include withdrawal of food and water as artificial. So how could Terri have foreseen into the future 8 or more years that the laws would be changed?

It is my opinion that what's going on here is not what Felos claims, that this is about Terri's wishes. It is really about his chance to advance his own career, his own self-image.

It's also about Michael ready to move on with his own life. If we give Michael the benefit of the doubt about his possibly having harmed Terri, there's still a lot of dubious behavior on his part.

1.)Why, after Terri's malpractice money came under his guardianship, did he not use it to give Terri any rehabilitative therapy, or any type of therapy? She's had a "DO NOT RESUSCITATE" order on her since 1993. This has been admitted to by him under oath.

2.)If he is so loving, why did he refuse to have Terri's priest be allowed to visit Terri to offer her the Sacraments?

3.)Why will he not divorce Terri when he is already living with another woman, who he refers to as his fiancee, who has already given birth to one child of his and is pregnant with a second?

It is my opinion that Michael and Felos are projecting their desires on Terri, and if it goes through, legal precedence will be there forcing everyone else who disagrees with THEM!

[Ohioan from Florida]

I don't understand you you know what is in the heart of this girl. How do you know?

I don't know what's in Terri's heart and don't proclaim to. And likewise, how do YOU? Are you telepathic or something?

[MHGinTN]

Assume for a momnet that Terri is very retarded (regardless of reality, this is a thought experiment). Executing her via dehydration and starvation without even giving her the chance to learn to consume by mouth is more about OUR humanity than it is about Terri's. Stephen Hawking cannot feed, bathe, or dress himself. What makes his LIFE more valuable than Terri's? ... Careful, Hildy, you answer will say so much about you rather than Terri and Stephen.

[Ohioan from Florida]

Perhaps he will and then again, it's been said that there's very little left of the money from the malpractice suit. It's been used for attorneys fees instead of rehabilitation, which is what it was awarded for.

[IYAS9YAS]

I don't know, do you? I didn't claim to know. I asked you how you came to conclude people on this thread were afraid of death.

[IYAS9YAS]

My dear, that is the point. I won't be at a point where I can change my mind. Terri can't express her opinion on anything. You are projecting your choice on her and everyone who dares to disagree with you.

Would you say the same thing about an infant who is ill? They can't express opinion either.

[freeparoundtheclock]

Hubby's attorney says "it's a poor precedent." That's exactly what he's worried about. If Terri's case SETS A PRECEDENT, he'll have to close up his Attorney Death law practice. I don't even see anyone going to him in Tampa Bay for any purpose.

If Terri wins and she's allowed to live which is her God given right, this could save the lives of thousands of disabled Americans in the future. We should not be tinkering with people's lives who cannot speak for themselves.

[freeparoundtheclock]

This article omitted an important fact regarding the other similar case. Jeb intervened in the same way in that case. However, when that failed, Governor Bush ordered an emergency special session for the unborn baby. The unborn baby was given a guardian ad litem and WAS BORN. So, Jeb won that one in special session.

It's clear from the brief filed yesterday that they read thousands of emails, many which were lengthy and factually correct regarding medical and legal implications.

Jeb Bush in 2008!!!!! Worldwide Jeb!!!

[Dusty Rose]

Prayers for Terri and for Gov Bush. A miracle is needed.

[freeparoundtheclock]

As an aside, if Jeb didn't act, I'd imagine mom Barbara Bush would hit him with her pearls.

All one has to do is see the FLASH MOVIES of Terri to see that she's responsive. terrisfight.org

I'm not overly concerned about this and have a sense of calm. Besides, if necessary, it's a perfect time to freep what with all the Halloween stuff for sale, masks, sickles, tombstones, ugly pointy hands to wear, etc.

If that's what it comes to, all the stores have great props for a proper freep of Hospice or the courthouse in Clearwater.

[phenn]

Just for conversation sake, Terri was hospitalized a couple of weeks ago in very serious condition. She may have had sepsis, she also had UTI, possible pneumonia, was coughing out blood, and had a raging fever. She was admitted to hospital. She was released a handful of days later.

Back to Hospice.

In a matter of hours, she was experiencing the same symptoms and was rushed back to hospital in critical condition. She was not admitted. It is thought that her husband denied admission, but that's neither here not there. She was shipped back to Hospice.

Hospice is neither equipped nor intended to deal with such things. They only provide palliative care. So, Terri could not have been expected to receive the appropriate treatments for sepsis.

She lived.

I am of the mind, and maybe I am wrong, that if she truly wanted to die - she was given the red carpet to do so. She didn't. She fought through it.

Now, a lot of physicians and nurses will tell you that a patient's state of mind and desire to heal have a great deal to do with the healing process. This is no rubbish. If Terri wanted to die, she would not have gone through something as potentially catastrophic as sepsis, received marginal treatment and still pulled through.

[freeparoundtheclock]

You sound too bitter to be a republican. I hope whatever turned your heart to stone resolves itself before the 2004 campaign. Negative campaigning just doesn't work. The dems proved that yesterday in California.

Sorry that you appear to hate living. Must be fun at parties.

[phenn]

http://www.highway2health.net will be dealing with Terri's sitation at 9.00 ET (GMT-5) tonight. Get a listen if you can.

[freeparoundtheclock]

I guess we should disconnect Roy in Las Vegas? He's in much worse shape that Terri. It's not up to us to decide who lives or dies. That is why so many here strenuously disagree with your indifference.

Terri's life would improve dramatically in a different setting, with rehabilitation and speech therapy. Then she wouldn't be "living that way" you seem to think she's living.

You missed that her dad visits her and tells her jokes about football and she LAUGHS? When mom leaves, she CRIES? She's experiencing life - maybe not able to run a marathon or be on he Fear Factor but she is experiencing life. She's not hooked up to any machines. It would be MURDER if she's starved to death. That's okay with you?

[freeparoundtheclock]

Nobody here is afraid of death. We are trying to PREVENT A MURDER. There's a big difference in the two. I'm not replying to you after this post. You're trying to be difficult for your own amusement, hildy.

[Hildy]

She's hooked up to a feeding tube, correct?

[Hildy]

I guarantee you that if Roy were in the condition Teri were in, Siegfried would do the humane thing and let him go. Since you didn't here me the first time, there are some things worse than death.

[phenn]

Monsignor Thaddeus Malanowski is a friend and spiritual provider to Terri. He told me that he went to see her on St. Patty's Day and told her he was going to sing her the Polish version of 'Danny Boy'.

Apparently, Terri laughed herself so hard they had to reposition her.

If you think about that, it's rather telling. Humor is a concept. Finding something amusing or comical takes analytical skill and conceptual skill. Laughing enough to put yourself out of your own chair takes some physical, mental and emotional response. That's quite something for someone who is supposed to be a "veggie".