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Woman's life-death struggle focus of FL hearing today

Sept. 2, 2003 -- An emergency hearing today at the U. S. District Court in Tampa may decide the fate of Terri Schindler-Schiavo.

Terri Schindler-Schiavo has been the center of a battle between her husband and guardian, Michael Schiavo, who claims she has been in a "persistent vegetative state" for the last 13 years and would want to die, and her parents, who believe she is responsive, aware of her surroundings, would benefit from rehabilitative therapies and should be allowed to continue living.

On Friday, the Florida Supreme Court refused for the second time to intervene on her parent's behalf. All seven of the justices signed the brief order, which noted that the court would not allow any future motions.

The ruling gives the green light to Pinellas County Circuit Court Judge George W. Greer to schedule the removal of the feeding tube that is providing Schindler-Schiavo with food and water. Depending on today's hearing, that decision could come as early as September 11, when a visitation hearing is scheduled. Once the tube is removed, Schindler-Schiavo would likely die in 10 to 14 days, say medical experts.

Today's hearing will move the life-and-death drama from the Florida state court system, where it has been waged for the past five years, into the federal court system. Attorneys fighting for Schindler-Schiavo's life allege violations of the Americans with Disabilties Act, among other federal laws.

Allegations before Lazzarra include those of Heidi Law, who served as a nursing assistant when Schindler-Schiavo was in the Palm Gardens Nursing Home, who says in an affadavit that she had heard Terri form words, and say "help me" a number of times. Other statements presented before the judge include allegations that husband Michael Schiavo refuses to allow therapy for his wife, and has paid his attorney over half a milion dollars from Terri's money from an earlier malpractice settlement.

Read documents filed in this case (note there is an accessible html option on this site).

Earlier, Florida Gov. Jeb Bush asked a judge to delay setting a date for removal of a feeding tube, but Greer told reporters he was "operating under a mandate from the 2nd District Court of Appeal" and likely wouldn't change his course. (Read article from The Orlando Sentinel).

The Florida Coalition for Disability Rights had asked Bush to appoint a Guardian Ad Litem "to protect the best interests of Terri Schiavo as an individual" and "to ascertain Terri Schiavo's current status and potential for recovery."

"Erring on the side of caution so that the state never takes a human life improperly is a reasonable request," the FCDR said in a media statement. "The fundamental policy issue at stake is whether or not the state can deprive a person with a disability of life because their medical need has become too expensive or some members of the family are no longer willing to care."

Related:

Shiavo's medical records focus of Tuesday hearing St Petersburg Times

"Terri Schindler Schiavo Placed in Hospital in Critical Condition" (CNSNews.com)

"Schiavo's husband wants medical treatment stopped" (Associated Press via Lakeland Ledger)

"Terri Schiavo's Reasonable Doubt" (FCDR)

"Terri' Fight" (Terri Schindler-Schiavo Foundation)

 

 

 

 
 
 

 

 

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