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Guardian Ad Litem Report on Terri Schiavo (everyone should read this)
http://jb-williams.com/ts-report-12-03.htm ^ | 12/03 | Jay Wolfson

Posted on 03/23/2005 12:33:00 PM PST by teenyelliott

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To: conserv13
"It supports her husband's case, not many FReepers will like it."

Yea. The Guardian recommended more tests on swallowing and more tests concerning the state of her brain and prognosis. That is Michaels position? You must be making it up or you didn't read the whole report, (linked).

21 posted on 03/23/2005 1:00:22 PM PST by grassboots.org (I'll Say It Again - The first freedom is life.)
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To: teenyelliott

Thank you. I personally feel enough is enough. Terry's parents just can't let go and they have caught America up in their hysteria. The only thing that got to me was that she does look like she is responding at times so I did sign a petition to save her. Now, I think it's over.

She reminds me of a fragile necklace chain, a thin gold necklace chain that gets all knotted up and you can't untangle it. I don't think she would want to live like this, I don't know anybody who would.

I prefer to think in death God can restore her mind, her beauty and make her whole. She's almost there so let her go to God.


22 posted on 03/23/2005 1:00:28 PM PST by Recall
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To: teenyelliott

The Vatican says that what's being done to Terri Schiavo is immoral. Kind of unusual for them to speak up about one person, but they've done so. So the allegation that it's consistent with Catholic doctrine is horse exhaust.


23 posted on 03/23/2005 1:02:20 PM PST by CobaltBlue
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To: teenyelliott

Although I do appreciate this thread, some of the statements are problematic and speculative. I will read through them again at a later date. Pressed, at the moment, for time.


24 posted on 03/23/2005 1:02:33 PM PST by This Just In ((In the land of the blind, the one eyed man is king))
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To: teenyelliott

OK, but the full report also contains the following, and note in particular the statements of the first guardian-ad-litem, Richard Pearce:

"...On 19 July 1991 Theresa was transferred to the Sable Palms skilled care facility. Periodic neurological exams, regular and aggressive physical, occupational and speech therapy continued through 1994.

Michael Schiavo, on Theresa's and his own behalf, initiated a medical malpractice lawsuit against the obstetrician who had been overseeing Theresa's fertility therapy. In 1993, the malpractice action concluded in Theresa and Michael's favor, resulting in a two element award: More than $750,000 in economic damages for Theresa, and a loss of consortium award (non economic damages) of $300,000 to Michael. The court established a trust fund for Theresa's financial award, with SouthTrust Bank as the Guardian and an independent trustee. This fund was meticulously managed and accounted for and Michael Schiavo had no control over its use. There is no evidence in the record of the trust administration documents of any mismanagement of Theresa's estate, and the records on this matter are excellently maintained.

After the malpractice case judgment, evidence of disaffection between the Schindlers and Michael Schiavo openly emerged for the first time. The Schindlers petitioned the court to remove Michael as Guardian. They made allegations that he was not caring for Theresa, and that his behavior was disruptive to Theresa's treatment and condition.

Proceedings concluded that there was no basis for the removal of Michael as Guardian Further, it was determined that he had been very aggressive and attentive in his care of Theresa. His demanding concern for her well being and meticulous care by the nursing home earned him the characterization by the administrator as "a nursing home administrator's nightmare". It is notable that through more than thirteen years after Theresa's collapse, she has never had a bedsore.

By 1994, Michael's attitude and perspective about Theresa's condition changed. During the previous four years, he had insistently held to the premise that Theresa could recover and the evidence is incontrovertible that he gave his heart and soul to her treatment and care. This was in the face of consistent medical reports indicating that there was little or no likelihood for her improvement.

In early 1994 Theresa contracted a urinary tract infection and Michael, in consultation with Theresa's treating physician, elected not to treat the infection and simultaneously imposed a "do not resuscitate" order should Theresa experience cardiac arrest. When the nursing facility initiated an intervention to challenge this decision, Michael cancelled the orders. Following the incident involving the infection, Theresa was transferred to another skilled nursing facility.

Michael's decision not to treat was based upon discussions and consultation with Theresa's doctor, and was predicated on his reasoned belief that there was no longer any hope for Theresa's recovery. It had taken Michael more than three years to accommodate this reality and he was beginning to accept the idea of allowing Theresa to die naturally rather than remain in the non-cognitive, vegetative state. It took Michael a long time to consider the prospect of getting on with his life – something he was actively encouraged to do by the Schindlers, long before enmity tore them apart. He was even encouraged by the Schindlers to date, and introduced his in-law family to women he was dating. But this was just prior to the malpractice case ending.

As part of the first challenge to Michael's Guardianship, the court appointed John H. Pecarek as Guardian Ad Litem to determine if there had been any abuse by Michael Schiavo. His report, issued 1 March 1994, found no inappropriate actions and indicated that Michael had been very attentive to Theresa. After two more years of legal contention, the Schindlers action against Michael was dismissed with prejudice. Efforts to remove Michael as Guardian were attempted in subsequent years, without success.

Hostilities increased and the Schindlers and Michael Schiavo did not communicate directly. By June of 1996, the court had to order that copies of medical reports be shared with the Schindlers and that all health care providers be permitted to discuss Theresa's condition with the Schindlers – something Michael had temporarily precluded.

In 1997, six years after Theresa's tragic collapse, Michael elected to initiate an action to withdraw artificial life support from Theresa. More than a year later, in May of 1998, the first petition to discontinue life support was entered. The court appointed Richard Pearse, Esq., to serve as Guardian Ad Litem to review the request for withdrawal, a standard procedure.

Mr. Pearse's report, submitted to the court on 20 December 1998 contains what appear to be objective and challenging findings. His review of the clinical record confirmed that Theresa's condition was that of a diagnosed persistent vegetative state with no chance of improvement. Mr. Pearse's investigation concluded that the statements of Mrs. Schindler, Theresa's mother, indicated that Theresa displayed special responses, mostly to her, but that these were not observed or documented.

Mr. Pearse documents the evolving disaffections between the Schindlers and Michael Schiavo. He concludes that Michael Schiavo's testimony regarding the basis for his decision to withdraw life support – a conversation he had with his wife, Theresa, was not clear and convincing, and that potential conflicts of interest regarding the disposition of residual funds in Theresa's trust account following her death affected Michael and the Schindlers – but he placed greater emphasis on the impact it might have had on Michael's decision to discontinue artificial life support. At the time of Mr. Pearse's report, more than $700,000 remained in the guardianship estate.

Mr. Pearse concludes that Michael's hearsay testimony about Theresa's intent is "necessarily adversely affected by the obvious financial benefit to him of being the sole heir at law…" and "…by the chronology of this case…", specifically referencing Michael's change in position relative to maintaining Theresa following the malpractice award.

Mr. Pearse recommended that the petition for removal of the feeding tube be denied, or in the alternative, if the court found the evidence to be clear and convincing, the feeding tube should be withdrawn.

Mr. Pearse also recommended that a Guardian Ad Litem continue to serve in all subsequent proceedings.

In response to Mr. Pearse's report, Michael Schiavo filed a Suggestion of Bias against Mr. Pearse. This document notes that Mr. Pearse failed to mention in his report that Michael Schiavo had earlier, formally offered to divest himself entirely of his financial interest in the guardianship estate. The criticism continues to note that Mr. Pearse's concern about abuse of inheritance potential was directly solely at Michael, not at the Schindlers in the event they might become the heirs and also choose to terminate artificial life support. Further, significant chronological deficits and factual errors are noted, detracting from and prejudicing the objective credibility of Mr. Pearse's report.

The Suggestion of Bias challenges premises and findings of Mr. Pearse, establishing a well pleaded case for bias.

In February of 1999, Mr. Pearse tendered his petition for additional authority or discharge. He was discharged in June of 1999 and no new Guardian Ad Litem was named.


25 posted on 03/23/2005 1:03:01 PM PST by WL-law
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To: teenyelliott

bump!


26 posted on 03/23/2005 1:03:10 PM PST by ambrose (....)
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To: Recall
Don't trust you own eyes - she almost looks alive doesn't she? Don't be fooled - that gleam in her eye is deceiving, isn't it?

I don't think she would want to live like this, I don't know anybody who would. So you get to decide based on your own unwillingness to have a "crook in your lot"? as to who lives and who dies? Count me in as one who wants food and water. There! You can quit saying you don't know anybody willing to live "like that"

prefer to think in death God can restore her mind, her beauty and make her whole. She's almost there so let her go to God. All you sick and suffering people line up - "Recall" thinks you are all better off dead!

27 posted on 03/23/2005 1:07:33 PM PST by grassboots.org (I'll Say It Again - The first freedom is life.)
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To: WL-law

Astute observation.


28 posted on 03/23/2005 1:07:43 PM PST by This Just In ((In the land of the blind, the one eyed man is king))
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To: teenyelliott

So let her have some water and Jello.


29 posted on 03/23/2005 1:08:03 PM PST by Samwise (Life is not measured by the number of breaths we take but by the moments that take our breath away.)
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To: teenyelliott
Get her in protective custody 1st to save her life because there's reasonable cause to suspect wrongdoing/criminal behavior. After that, preparations should be made to prove all this stuff in court, the prevailing issue being positive proof that Terri has expressed that she doesn't want to be kept alive artificially.
30 posted on 03/23/2005 1:08:16 PM PST by Jim W N
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To: teenyelliott

What a bunch of TRIPE. Lets face it Americans, we now live under a Judicial Dictatorship.

Unethical, Inhumane Immoral, Devoid of human values Degenerates = Our countries Judges,

iN MY 72 YEARS ON THIS EARTH, i, for the first time am ashamed to be called an american


31 posted on 03/23/2005 1:10:13 PM PST by Herbie (Herb)
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To: grassboots.org

Okay, I did not read the whole report, just what was excerpted there.


32 posted on 03/23/2005 1:12:00 PM PST by conserv13
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To: NonLinear

The guy is a shill.


33 posted on 03/23/2005 1:13:37 PM PST by AmericaUnited
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To: Jim 0216

"Terri has expressed that she doesn't want to be kept alive artificially."

And we know this because?......Aw yes, her husband, and apparently her husband's brother now, claims she said so. Staking this case on the statement of a husband who now has a common law wife(Bigamist-which is against the law) and two children is a weak case at best.....in my humble opinion.


34 posted on 03/23/2005 1:15:09 PM PST by This Just In ((In the land of the blind, the one eyed man is king))
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To: conserv13

If Terri Schiavo had been a child found unconscious on a hallway floor with multiple bone fractures and Michael Schiavo had been her parent instead of husband, he would have been investigated by Child Services and maybe pulled in by the police. Why the oversight where this guy is concerned? And Skip Shepard and Napolitano on FOX act as though the courts should be given a standing ovation for trying to murder this poor, helpless woman. She is not in a vegetative state. Only people who want to see her dead because her appearance makes them uncomfortable, keep misidentifying her as such.


35 posted on 03/23/2005 1:18:05 PM PST by outofhere2
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To: This Just In
Such an expression should be in writing, as in a living will. The default should be in favor of life. Also, feed someone is not keeping them alive "artificially".
36 posted on 03/23/2005 1:19:18 PM PST by Jim W N
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To: grassboots.org

Is your sarcasm necessary?

Just how long do you want to hang around after you get in the state she is in?

What about your spouse? Don't you think s/he deserves to still have a life after you have been pronounced brain dead.

Does your living will say don't ever pull the plug?

Don't you think there is something better waiting for us when we die?


37 posted on 03/23/2005 1:25:37 PM PST by Recall
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To: teenyelliott
"family was overwhelmed by Terry's care needs."

This was in 1990 and they only lasted three weeks at caring for her.

Now, it's 2005 and the parents are 15 yrs. older and they are more up to caring for her now than then? ( rolling eyes here.)

They wouldn't last a week.

( I did read posted article this a few days ago in a court transcript online.)

38 posted on 03/23/2005 1:25:54 PM PST by the Deejay ( I'LL RESPECT YOUR OPINION....IF YOU'LL RESPECT MINE.....)
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To: WL-law
Michael's decision not to treat was based upon discussions and consultation with Theresa's doctor, and was predicated on his reasoned belief that there was no longer any hope for Theresa's recovery. It had taken Michael more than three years to accommodate this reality and he was beginning to accept the idea of allowing Theresa to die naturally rather than remain in the non-cognitive, vegetative state. It took Michael a long time to consider the prospect of getting on with his life – something he was actively encouraged to do by the Schindlers, long before enmity tore them apart.

That's exactly what I thought. People keep wondering why Michael stopped Terri's therapy sessions. It was because he finally realized that she would never get any better than she was, no matter how much therapy she had.

39 posted on 03/23/2005 1:30:33 PM PST by Tarantulas
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To: outofhere2
If Terri Schiavo had been a child found unconscious on a hallway floor with multiple bone fractures and Michael Schiavo had been her parent instead of husband, he would have been investigated by Child Services and maybe pulled in by the police. Why the oversight where this guy is concerned?

Probably because there was no sign of injury, but there was cardiac arrest brought on by a potassium imbalance due to bulimia. Hospitals aren't stupid - they're able to recognize spousal abuse injuries. There were no such injuries in this case.

And Skip Shepard and Napolitano on FOX act as though the courts should be given a standing ovation for trying to murder this poor, helpless woman. She is not in a vegetative state. Only people who want to see her dead because her appearance makes them uncomfortable, keep misidentifying her as such.

She is definitely in a persistent vegetative state. It seems strange that someone could read the reports from her physicians and conclude otherwise.

40 posted on 03/23/2005 1:36:07 PM PST by Tarantulas
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