Posted on 11/03/2003 6:08:39 PM PST by sweetliberty
CLEARWATER, Fla. (AP) - Attorneys for the husband seeking to carry out what he says is his wife's end-of-life wishes said in court papers Monday her parents shouldn't be allowed to enter the constitutional fight over the new law which is prolonging her life. Attorneys for Michael Schiavo, whose wife Terri is at the center of the massive legal battle over whether she lives or dies, responded to legal filings seeking a judge's permission to allow Bob and Mary Schindler to become parties in the challenge of the new law.
The law allowed Gov. Jeb Bush last month to order Terri Schiavo's feeding tube - which has kept her alive for more than a decade - be reinserted six days after her husband ordered it removed.
Michael Schiavo's attorneys said that while the Schindlers arguably had a stake in the legal battle on whether their daughter's wishes should be carried out, the legal challenge of what's been dubbed "Terri's Law" is between her husband and the governor's attorneys.
"The rights at stake in this litigation are uniquely those of Mrs. Schiavo and it is those rights that are directly affected by the challenged legislation and Governor's actions," said the legal response filed in Florida circuit Court. "The Schindlers' interest in continuing to pursue their belief that the prior litigation was wrongly decided simply does not meet the requisite legal standard for intervention."
Doctors and a judge have ruled that Terri Schiavo is in a persistent vegetative state with no hope for recovery. She suffered severe brain damage in 1990 when her heart stopped beating - cutting off oxygen to her brain - because of a chemical imbalance.
The conservative law firm founded by religious broadcaster Pat Robertson asked last week to be allowed to intervene in the case on behalf of Schindlers. Circuit Court Judge W. Douglas Baird would have to grant permission for the Schindlers to enter the lawsuit.
The couple have said their daughter had no end-of-life wishes and believe she could be rehabilitated. They also dispute that she is in a vegetative state and believe she has enough mental abilities to respond to them.
The American Center for Law & Justice said in its filing that it believes lawmakers and the governor were within their authority to intervene in the case. Her parents are seeking to be appointed their daughter's guardians and to exclude them from the case would "violate their constitutional rights to be heart," the law firm said in its filing.
It's the same in near every state of the union. The "feeding tube"
in Terri's case [capable of involuntary movement only; no signs
of cognition] is indeed a "life support system".
I do think a person with your intelligence should tear away
from rumor and rhetoric and pay more attention to the actual
facts of the case.
Thanks.
Ah, more wisdom on the soul from our resident 'soul man'. 13 years is just tooooo long for the eternal soul to wait for eternal joy! If freedom from the body is what brings the soul peace let's nuke the world and have peace on earth.
If "Terri Schindler *purposefully* responds when stimulated" there would have proof of such provided to the court.
There is proof for those willing to see and hear it. There would be more if her husband hadn't have prohibited ALL rehab and therapy for TEN YEARS. But as it was the court was provided with -
Affidavit of C. Iyer, RN 09-03 (Former caregiver of Terri's)
Affidavit of C. Johnson 09-03 (Former caregiver of Terri's)
Affidavit of H. Law 09-03 (Former Caregiver of Terri's)
Affidavit of Dr. Alexander Gimon 08-03 Clinical Neuropsycologist
Hammesfahr Report 09-02 (Results of examination by Dr. W. Hammesfahr)
... and the testimony of at least eight more doctors.
The affadavits and Dr. Hammesfahr's report listed above can be found here at terrisfight.org. Click on 'Court Documents' and scroll down the list.
No sign of cognition might be accurate in describing your posts but this video clearly shows purpose and intent in Terri's response to her mother. It obviously didn't take hours of trial and error or random chance to get this video either. There we see an instant response to stimulus and, with obvious effort, a definite cognition of precisely what has been asked of her with her own added emphasis. I do think a person with your intelligence should tear away from rumor and rhetoric and pay more attention to the actual facts of the case.
And is that why the court refused to accept it as valid evidence?
Let me give you a hint: It was not corroborated evidence; the
action in those pictures cannot be duplicated.
And that, is a fact as presented to the court[s] on numerous
occasions by physicians of both parents and husband and including
the independent court-appointed physician.
Terri's head turns and bobs from side to side; her eyes move
about as if to focus, continually. Stand in the right spot and
eventually Terri will appear to be responding to you. It must
be the most unnerving thing for Terri's parents to endure. It
must give them an incredible amount of belief that Terri is
indeed somewhat coherent. But the proof is in all the medical
documentation and physician's examinations.
And it is in that documentation that the court must base it's
findings, not the emotionally based wishes of those that
love her.
It's interesting to see so many people refusing to accept a court's
balanced decision and instead wish to have the legislation and
executive branches decide their fate.
What if the situation were reversed and you had clinton democrats
making legislation and clinton as Governor? The judge deciding
you can allow your spouse to remain on life support, but legislation
is passed and signed into law by the Governor, that reverses the
court's decision?
My, my, my... what an outcry would be heard from the so-called
"can't trust a judge and court" crew.
But thankfully, that scenario [as real as it is], is being presented to
a Constitutional test. I hope it proves to fail the test as it should.
Did I say that? Did I give that as the reason it was dismissed by the courts? No! I didn't.
It's interesting to see so many people refusing to accept a court's balanced decision ...
It doesn't seem to be balanced.
What if the situation were reversed and you had clinton democrats making legislation and clinton as Governor? The judge deciding you can allow your spouse to remain on life support, but legislation is passed and signed into law by the Governor, that reverses the court's decision?
Straw man 'what ifs' are never sound arguments. But if Clinton ever sided with preserving a life I would support that position without reservation.
This is wrong. Whether Greer seriously looked at or considered it is an issue, but the evidence itself is not in doubt.
Terri does not have any ability beyond involuntary movement, according to every physician that has examined her, according to all admissible evidence.
Wrong.
If you wish to base your arguments on hearsay and rumor, you will not gain ground among those that sincerely care.
In Judge Greer's words: "that seems hardly worthy of comment." My opinion is based on experience from working with the neurologically impaired and TBI patients.
I posed a scenario in question form earlier. The answer you give to it will indicate your sincerity to the plight of Terri's body and soul.
You are not in a position to judge sincerity and caring. I am content to leave God to his work and let Terri Schindler live out her story.
I don't blame the parents, I would likely do the same if it were my wife or son. But would I be right?
Yes.
If Terri is inside a coffin buried alive...And she can never get out?
Here's a story...a young man suffers severe brain injury from falling 30 feet and hitting his head on concrete. He crushes both forearms and an eye and is in the field 30 minutes before help arrives. (The PMs say he wasn't breathing when they arrived so no one knows for sure how long he was anoxic.) The neurosurgeon tells the man's family (after emergency surgery) that he sustained devastating brain injury and will not survive. The surgeon tells the family he doesn't understand how he lived through the fall, it is one of the most sever injuries he has seen, etc. He isn't flatlined and doesn't die, but remains in deep coma for 33 days. Feeding tube is placed... He wakes up slowly, and no one at first really believes he is aware of anything. He is taken off the vent. He goes through rehab for a year with a feeding tube. Swallowing studies indicate he would have trouble eating. The tube stays in. The guy weights about 140 lbs, at this point. His wife, not being of a mind at this point to starve her husband, starts feeding him.
Today, his weight is average. There is no tube and no aspiration pneumonia. His last neuropsych eval estimated his IQ to be around 60. Both frontal lobes of his brain were "scrambled" and he was to be a "turnip."
Sorry for such a long answer, but this person (and others) are absolute proof that medicine has a lot to learn about brains. I asked this man about his memory of the accident and the horror that followed. To him, he didn't lose 8 months of his life. (He has no awareness that he did) *He wasn't aware he was not concious. He thinks he saw God and God told him how to manage his life - what to do and how to live. Today, it is the living truth that he is the happpiest person I've ever seen. It's always the present, never the past or future. If this is the living coffin you speak of, make my color green.
I am sorry for the long post. I hope the point is clear: "Happy endings do not come in the middle of the story." I support Terri's right to live hers to the end.
There have been a number of mentions of Hyperbaric Oxygen Therapy (HBOT) for Terri Schiavo in the media and on Free Republic, some of it quite disparaging due to the so-called “experimental nature” of HBOT. I believe that some of the disparaging comments are due to the lack of familiarity with HBOT. As a rehab professional (Occupational Therapist) working with people having all types of orthopedic, musculoskeletal and neurological injuries, I am always interested in learning about medical and/or rehab treatment techniques that can positively impact my patients’ lives. I took it upon myself to become more knowledgeable about HBOT so that I could objectively evaluate this treatment technique. Please note that when it comes to new and/or “out of the mainstream” medical treatments, I am the BIGGEST skeptic. That said, I believe that HBOT has very good potential to help people with acute or chronic neurological problems – not a cure-all by any means, but indeed a treatment technique that should be considered for Terri and others like her. At worst it is a benign treatment. At best - well, check out some of the links that follow.
I have a friend who is an RN with a specialty in intensive care who runs a Hyperbaric Oxygen Therapy program in a metropolitan hospital. He was able to provide me with a wealth of information on HBOT, including the “off label” uses of HBOT, including treatment of traumatic brain injury (like Terri).
The following background information was gathered from the Hyperbaric Healing Institute.
Hyperbaric Oxygen Therapy (HBOT) is a method of administering pure oxygen at greater than atmospheric pressure to a patient in order to improve or correct conditions. By providing pure oxygen in a pressurized chamber we are able to deliver 10-15 times more oxygen then if delivered at sea level or at normal atmospheric levels. Some of the effects this has are to promote the growth of new blood vessels, decreases swelling and inflammation, deactivates toxins, increase the body’s ability to fight infections, clears out toxins and metabolic waste products, and improve the rate of healing. HBOT should be used to compliment conventional therapies and treatments.
HBOT is very cost effective.
HBOT is safe.
HBOT is noninvasive.
HBOT works well with other treatments.
For years, conventional medicine thought of HBOT only as a treatment for decompression sickness, however, the use of HBOT is becoming increasingly common in general practice as more doctors become acquainted with new applications. Doctors now realize that HBOT has other uses, including the treatment of non-healing wounds, Carbon Monoxide poisoning, various infections, damage caused by radiation treatments, near- drowning, near-hanging, brain and nerve disorders, cardiovascular disorders; and some digestive system disorders. Unfortunately, in the US there are currently 13 approved indications for HBOT that hospitals will treat.
While most programs limit their hyperbaric treatment protocols to only those 13 indications that are reimbursed by federally funded programs, Hyperbaric Healing Institute’s treatment protocols encompass all indications that have proven beneficial effects. There are approximately 66 applications that have been noted to receive benefit from HBOT, including:
Stroke - There are 1.7 million stroke survivors in this country: survivors who often suffer devastating consequences such as paralysis, a life in a wheelchair, impairments in speech and thought. They could tremendously benefit from hyperbaric oxygen therapy. Since the early 1970’s, scientific journals have reported over 1,000 cases demonstrating a 40-100% rate of improvement for stroke patients treated with HBOT.
Traumatic Brain Injury - According to the CDC, each year an estimated 80,000 Americans survive a hospitalization for traumatic brain injury (TBI) but are discharged with TBI-related disabilities. An estimated 5.3 million Americans are living today with a TBI-related disability. After brain trauma from an accident, brain cells die or become dormant from lack of oxygen. It is thought that many of these cells can be revived through hyperbaric oxygen therapy. The enormous amount of data supporting HBOT as a viable treatment for brain injury has prompted the passage of legislation in Texas that allows for HBOT for acquired brain injury to be paid for by Medicare and insurance.
See other applications HERE.
Here is another site that my HBOT RN friend thought would be interesting in relation to Terri’s case. The parents of George Melendez, a young man who sustained brain injury similar to Terri due to an auto accident and near-drowning (car landed in water and was submerged), have created a Tribute Website for him. I encourage you to read about George and his treatment with HBOT – again, not a cure-all, but it did improve his quality of life. At the home page, make sure you follow the “Special Update for Terri Schindler-Schiavo” link, too.
For those interested in a more detailed medical and physiological description of HBOT, I highly recommend Dr. Paul Harch's very detailed website on Hyperbaric Medicine.
For those with more interest and TONS of time to kill, check out this link to the Yahoo search engine for Hyperbaric Oxygen Therapy and Brain Injury.
But the proof is in all the medical documentation and physician's examinations. And it is in that documentation that the court must base it's findings, not the emotionally based wishes of those that love her.
Berlin, 1 Sept. 1939
Reich Leader Bouhler and Dr. Med. Brandt are charged with the responsibility of enlarging the competence of certain physicians, designated by name, so that patients who, on the basis of human judgment, are considered incurable, can be granted mercy death after a discerning diagnosis.
A. Hitler
That is interesting!
Did you by chance, read at the URLs I supplied,
regarding how the various Churches view the issue?
Re:
"...Swallowing studies indicate he would have trouble eating...."
I really hate to continue to repeat it, since there are so many as
yourself, that are living in some sort of state of denial..
Terri is capable of only involuntary movement. She can not
swallow on demand. It is not a matter of "trouble eating" it is
a matter of the inability to swallow voluntarily. That is the
only reason there is a tube for that purpose installed into her.
Thanks for your comments.
I normally ignore ignorant dribble, but it intrigues me
when the stupidity you indicate having, is so overwhelming.
Give your chance to be brighter. Go look at the URLs
I provided on other threads that are regarding the various
Churches and denominations view on removing a person
for any life support system.
If you consider all those denominations to have been
inspired by "Hitler", then you should promptly seek
medical attention; It would be safe to assume your
brain's feeding tube has become dislodged.
Try bowing to the authority of God's Holy Word some time. The church teachings you quote are the teachings of men, incredibly prone to error due to our sinful nature. Try God's Word sometime:
Bible Passages Regarding Assisted Suicide
Acts 17:25
"...[He) himself [God] gives all men life and breath and everything else."
Deuteronomy 32:39
"There is no god besides me. I put to death and I bring to life..."
1 Corinthians 10:13
No temptation has seized you except what is common to man. And God is faithful; he will not let you be tempted beyond what you can bear. But when you are tempted, he will also provide a way out so that you can stand up under it.
Psalm 139:13-16
For you created my inmost being; you knit me together in my mother’s womb. I praise you because I am fearfully and wonderfully made; your works are wonderful, I know that full well. My frame was not hidden from you when I was made in the secret place. When I was woven together in the depths of the earth, your eyes saw my unformed body. All the days ordained for me were written in your book before one of them came to be.
1 Samuel 2:6
The LORD brings death and makes alive; he brings down to the grave and raises up.
Job 2:9-10
His wife said to him, "are you still holding on to your integrity? Curse God and die!" He replied, "You are talking like a foolish woman. Shall we accept good from God, and not trouble?" In all this, Job did not sin in what he said.
A proud, card-carrying member of the GodSquad.
Again, I strongly suggest you do some reading at the most
simple to understand places I had provided before casting stones.
You're right...these types are all over this site these days.
I'm sorry that you weren't able to make the application of the same passages to the so-called "mercy killing" you so staunchly advocate. Helping someone commit suicide is no different than "mercy killing". I forgot a passage:
Psalm 31:14-15 But I trust in you, O LORD; I say, "You are my God." My times are in your hands; deliver me from my enemies and from those who pursue me.
"My times [life and duration of that life] are in your [God's] hands." Notice the psalmist didn't say, "My times are in my spouses hands." God is the sole arbiter of when life begins and life ends, as seen in the 1 Samuel 2:6 passage previously quoted. To end a life because the person doesn't meet your definition of usefulness or "quality" of life is still, plain and simple, playing God. Whatever church teachings you quoted that are contrary to the simple, plain Word of God are false teachings.
The bottom line is that life belongs to God. It is never our place to take a life - our own or someone else's.
1 Corinthians 6:19-20 Do you not know that your body is a temple of the Holy Spirit, who is in you, whom you have received from God? You are not your own, you were bought at a price. Therefore honor God with your body.
Keep em on artificial life support forever trolls
Trolling for life...I like it. Thanks. It might become my tagline. LOL.
Now, seriously, why not keep em on artificial life support if there is life to support? (or is it OOPs, sorry, no portable oxygen for those COPD people...bye-bye)
BTW, can you define unartifical life support?
(Only original answers will be responded to:-))
Aside from the fact no-one is "taking" a life, you had better beware
of false idols. It appears your religious beliefs are not acceptable
to the rest of the clerics.
OF THE SIXTH JUDICIAL CIRCUIT STATE FLORIDA IN AND FOR PINELLAS COUNTY PROBATE DIVISION
CASE NO. 90-2908-GD3 I
N RE: THE GUARDIANSHIP OF THERESA MARIE SCHIAVO, Incapacitated.
MICHAEL SCHIAVO, AS GUARDIAN OF THE PERSON OF THERESA MARIE SCHIAVO,
Petitioner, ROBERT SCHINDLER AND MARY SCHINDLER,
BEFORE: JUDGE W. GREER Circuit Court Judge
PLACE: Clearwater Courthouse
Clearwater, FL 33756
January 24, 2000
3:00 p.m.
REPORTED BY: Beth Ann Erickson, RPR Court Reporter Notary Public
EXCERPT OF TRIAL
TESTIMONY OF FATHER MURPHY
ROBERT A. DEMPSTER & ASSOCIATES
501 South Fort Harrison
Clearwater, Florida 33756
(813) 464-4858
Pages 1 - 50
APPEARANCES:
GEORGE J. FELOS, ESQUIRE CONSTANCE FELOS, ESQUIRE 640 Douglas Avenue Dunedin, FL 34698
Attorneys for Petitioner
PAMELA CAMPBELL, ESQUIRE The Alexander Building 535 Central Avenue Suite 403
St. Petersburg, FL 33701
Attorney for Respondents
INDEX
Page
WITNESS
FATHER GERARD MURPHY
Direct Examination by Mr. Felos 3
Voir Dire Examination by Ms. Campbell 10
Direct Examination Continued by Mr. Felos 12
Cross-Examination by Ms. Campbell 28
Redirect Examination by Mr. Felos 43
Recross-Examination by Ms Campbell 48
3
P R O C E E D I N G S
MR. FELOS: Call Father Murphy.
THE BAILIFF: Stand here, raise your right hand to take the oath.
(THEREUPON, THE WITNESS WAS SWORN ON OATH BY THE COURT.)
DIRECT EXAMINATION BY MR.FELOS :
• State your full name, please.
A Gerard Murphy.
· Father Murphy, are you an ordained
priest in any particular faith?
A Yes. Roman Catholic.
· To what work are you assigned in the
church at this time?
A At present, I am the pastor of St. Ann's Church, Ridge Manner, in Hernando County.
· Can you tell us about St. Ann's parish?
A Very small. A country parish. About 400 families. Mostly elderly. People are sick. On the edge of life.
• Father Murphy, can you please tell us your educational and clerical background?
A Well, I graduated from college, seminary college. Then went to graduate school. Four
4
years of theology. Also graduated with six units
of clinical pastoral education, which is an international movement of supervised pastors ministry. Each unit was 400 hours of supervised ministsry in the health care setting. So I achieved 2400 hours of intensive supervised training.
• What degree did you obtain in graduate school?
A Masters of Divinity.
• Your undergraduate degree was in?
A Bachelors of Philosophy.
• Father Murphy, when were you ordained? A 1979. May.
• I'd like you to describe for us, chronologically, your work in the church since that time.
A Okay. The first eight years I was an assistant pastor at Most Holy Name in Gulfport Florida. From there I went for a year to Bayfront Medical Center, actually $t. Mary's in downtown St. Pete, to be the Catholic chaplain at Bayfront Medical Center. I went back to Most Holy Name for a year-and-a-half, two years. Then I was employed by Sarasota Memorial Hospital as a Catholic
5
chaplain for three years. Back to St. Petersburg as Director of Pastoral Care at St. Anthony's.
And several more years as assistant pastor helping out in parishes throughout the dioceses where needed. And three years in my present assignment as pastor.
• Let's talk first about, it was Holy Name parish in Gulfport?
A Yes.
• You were there about eight years? A Eight years.
• Please describe the nature of your clerical work there.
A Ninety percent of my parish work was at the hospital. Palms of Pasadena is small, but very active. Virtually all the census was Catholic. Ninety percent of my time was there.
• With your work at Palms of Pasadena while at Most Holy Name parish, did you have the opportunity to work with families and counsel families who were faced with end of life care and medical treatment decisions?
A Definitely.
• Removal of life support decisions? A Definitely.
6
· I believe you mentioned that during that
period you were the chaplain at Bayfront Medical Center?
A I was assigned to St. Mary's Catholic church downtown, but I covered Bayfront for them.
• Please describe your duties as chaplain at Bayfront.
A Well, you know, certainly it's administration of the sacrament, but a much larger role than that today simply because there are so many questions, moral questions. It is not as easy to die as it used to be. So there are an awful lot of questions that come up. It is a matter of helping families work their way through it.
• How many families would you say you counseled and worked with in that area when you were chaplain at Bayfront?
A At Bayfront for that year, a hundred probably.
• And before at Most Holy Name parish, how many?
A Hundreds.
• I believe you mentioned that after, after your service at Most Holy Name parish, youwere the Catholic chaplain at Sarasota Memorial Hospital?
A Yes.
· And how long?
A Just under three years.
• Tell us about the nature of your duties at Sarasota Memorial Hospital as chaplain.
A Same as at the previous hospital. However, this time I was employed by the hospital so my time was exclusively theirs. At Sarasota, I was co-chairman of the Violation Commission and virtually all my work was in bioethical consultations with families and physicians.
• Please describe the workings of the Bioethics Committee at Sarasota Hospital.
A A large group of people from all the disciplines in the hospital. Social workers. Physicians. Attorneys. Risk management. Everyone who has any input into the hospital system. And presenting from that large group was a small group that made consultations. So if there was a family that had a problem, a physician that had a problem, or nurse, they had access to the consultation.
They would call us, and then a
8
representative group of us would meet with them,
everyone, and try to resolve the situation.
• Is it fair to say that the situations where cases were presented to the Bioethics Committee regarding removal of life support were the tough cases?
A Sure. By all means.
· After Sarasota Memorial, I believe you
mentioned you were the Director of Pastoral Care
at St. Anthony's Hospital? A Yes.
• Is that a religious -- does St. Anthony's have a religious affiliation?
A It's run by Franciscan Sisters of Albany.
• Is that a Catholic hospital? A Yes.
• How about Sarasota Memorial?
A No. County.
• Please tell us your duties as Director of Pastoral Care at St. Anthony's
A It was more administration. Although, I did keep my hands in ethics. I was the co-founder of their first bioethics committee. It was just starting. It was getting it off the ground,
9
rather than real well organized like Sarasota.
• Father Murphy, is it possible for you to tell us on how many occasions you have rendered pastoral clinical care regarding the subject of life care?
A Over the course of my priesthood?
· Yes.
A I would say hundreds.
• Father Murphy, have you done any research or writing regarding the opinions of the Catholic church as it concerns end of life care and treatment issues? The religious and moral implications of that?
A Yes. I do quite a bit of writing and publishing. I have written a series of pamphlets.. I have published articles in clerical journals. Mostly because of my desire to educate. I find that most people have no idea what the Catholic church teaches. Even Catholics. And I think that is gives rise to grave misunderstandings and I have real fears about that.
So I have taken to writing and public speaking about it. We give talks around the dioceses. I take that very seriously and I do quite a bit of that.
10
· You mentioned you had written a number
of pamphlets on this subject. Are they used and distributed to any particular audiences or groups?
A Sure. Everywhere I can. I sent one,
two of them, to a priest in one of the magazines I publish in frequently. He put a thing in his column. So I was deluged all over the country. But mostly in the State of Florida. We distribute them to parishes wherever we can. Hospitals.
• Is the distribution of those pamphlets authorized by the church authorities?
A Yes.
MR. FELOS: Your Honor, at this time we offer Father Murphy as an expert in the area of the Catholic church's position on end of life care and treatment issues and clinical counseling on end of life care and treatment issues.
THE COURT: Do you wish to voir dire?
MS. CAMPBELL: Yes. I do. Thank you.
VOIR DIRE EXAMINATION
BY MS. CAMPBELL!
• Father Murphy, which diocese are you with?
A I am secular as opposed to being a Jesuit or Dominican or Franciscan, which follow
11
the rule of that particular saint. I was just
ordained to a diocese and obey a bishop.
• You said you went to four years of theology. Where was that?
A Seminary of St. Vincent De Paul. Boyton Beach.
• Do you have any education as a medical ethicist?
A No. Not formal training.
• Do you have any education as a moral theologist?
A From my training, I mean seminary training, sure. We take courses in that.
• So that would be included in the four years of theology?
A Yes, ma'am.
· Are you considered a moral theologian?
A It depends in whose eyes. I'm the one they call in the diocese of St. Petersburg when they have questions.
Q _ Do you function' in any official capacity to the diocese?
A Yes. The diocese chaplain for the Catholic Medical Association. The statewide chaplain for the Catholic Medical Association. I
12
am a member of Dioceses and Task Force in assisted
suicide. Formerly certified as a national chaplain. I let my membership lapse.
MS. CAMPBELL: I have no objection. Thank you.
THE COURT: Thank you. Proceed, Mr. Felos.
Q (By Mr. Felos) Father, in the Catholic church, do papal teachings or pronouncements hold primacy as compared to the teachings and pronouncements of bishops or cardinals?
A Yes. The pope sets the tone.
Q Are there any papal pronouncements or teachings in the area on use or removal of artificial life support?
A In 1953 Pope Pius the IV met with a group of physicians who considered those questions in conference. Pius was almost prophetic in foreseeing what would happen fifty -- forty years later. The teaching that he taught was that Catholics are mortally bound to respect life and to care for life, but not at all costs.
He introduced the concept of extordinary versus ordinary means. A Catholic is mortally bound to take advantage of ordinary,
13
proportionate or disproportionate.
Q Has the phraseology proportionate or disproportionate as opposed to ordinary been explored more prevalent in the Catholic church as of late?
A Yes. Sure. Because of the problem. It is not as easy to die as it used to be. Nature would have taken care of a great many situations 30 or 40 years ago. My belief in the health care system is that technology is a two-edged sword. The wonderful technology meant to heal and save people and get them back on the road can also interfere with nature.
Q What factors does the Catholic church take into consideration in determining whether a treatment is an ordinary action as opposed to extraordinary or proportionate as opposed to disproportionate?
A It's not the procedure. It's the perception of the patient. Is the procedure, is it too-emotionally draining? Is it too psychologically repugnant? It is too expensive? Does it offer no hope of treatment -- of recovery or little or no hope? Based upon all those factors, then you make your moral decision based
14
upon those issues.
Q So as I understand it, the standard by which those moral criteria are examined is the subjective standard of the patient?
A Yes.
Q In some of the literature I've read, I come across the terms burdensome and useless. That is a Catholic is not required to have a medical treatment if it is burdensome or useless. How do those concepts fit in with the ones with what you just mentioned?
A Maybe if I gave an example it might be easier. You look like kind of a healthy guy. Say you caught pneumonia this flu season. You go to your doctor. He would prescribe a course of antibiotics for you. You would be better soon and back on the road.
But as a case I actually handled in Bayfront, St. Petersburg, many years ago, a woman in her late seventies was filled with cancer in the bronchial tree. She was dying. She came down with that pneumonia and the daughter insisted that the mother be treated for that pneumonia. I said why are you doing this? What do you hope to accomplish?
15
What you always nave to do is weigh the
proportion. What do you hope to accomplish against what it is going to take to get there. In that case, all she was doing was keeping the mother alive for an extra three or four weeks in order to die. So that was clearly a case of prolonging the inevitable as opposed to someone like you who comes down with that pneumonia.
• Does the church then permit the consideration of whether or not the patient has any hope of recovery in whether the treatment may help the patient recover in considering whether it is ordinary or extraordinary?
A Yes.
• Let's take a case that medical treatment, or artificial life support may be medically beneficial. If artificial life support may be medically beneficial, if the patient deemed it too psychologically or emotionally burdensome for himself or herself, could such a patient refuse artificial life support and still be in compliance with the church's teachings?
A Yes.
• Father Murphy, what materials did you review in preparation for your testimony in this
16
case?
A The depostions of the family. The depositions of the -- the deposition of the husband. I'm not sure about that. I'm not sure. I know I reviewed the family and the report of the physicians.
Q I want you to assume, Father Murphy, for purposes of this question that Theresa Schiavo told her husband that if she were dependent on the care of others she would not want to live like that. And also Theresa Schiavo mentioned to her husband and to her brother and sister-in-law that she would not want to be kept alive artificially.
Assuming that information to be correct, father, would the removal of Theresa Schiavo's feeding tube be consistent or inconsistent with the position of the Catholic church?
A After all that has transpired, I believe, yes, it would be consistent with the teaching of the Catholic church.
Q_ How would you define, Father Murphy, a practicing Catholic?
A Off, that's a tough one.
Q Let me rephrase it. Does the church have any particular definition of what a
17
practicing Catholic is?
A Certainly. We have what we call Easter duty, which means sometime from Lent to Trinity Sunday, in that three or four month window, a Catholic is required to receive holy communion. If necessary, confession. Catholics are mortally bound to assist at mass. Attend mass every Sunday. Every holy day of obligation. Certainly those are all criteria for a practicing Catholic.
A Not according to the criteria. No. Practicing, no.
Q Now Father Murphy, if a patient is in a permanent vegetative condition, maintained by artificial life support, and the patient's intent is not known, can a loved one who has the best interests of the patient 'at heart authorize removal of artificial life support consistent with church teachings?
A I think in a case like this where so much time and effort has elapsed, I think, yes, it
A Pastoral Letter Presents Church Teaching in a Succinct and Understandable Manner
BY REV. KEVIN D. O’ROURKE, OP, JCD
Fr. O’Rourke is professor of bioethics, Stritch School of Medicine, Loyola University, Chicago.
In the past 15 years, American bishops—acting at times alone, at other times in state conferences, or as members of a committee of the U.S. Conference of Catholic Bishops—have issued more than 15 pastoral statements concerning the care of people approaching death.
Some of these statements were written in regard to specific people. For example, local bishops made statements regarding the care of Paul Brophy, Elizabeth Bouvia, Nancy Beth Cruzan, Christine Busalacchi, and Hugh Finn. In most cases, these statements acknowledged the anguish and suffering of those family members who had to make decisions about removing life support, and the bishops usually agreed that the family involved was not trying to kill its loved one but merely seeking to discontinue useless treatment or to remove an excessive burden.
From: http://www.chausa.org/PUBS/PUBSART.ASP?ISSUE=HP0203&ARTICLE=T
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
