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Terri Schiavo Case--The Who, What, Where, When, Why
- The Beginning--Bulimia
"Michael Schiavo said he awoke early on the morning of February 25, 1990, to find his wife collapsed in the hallway of their home." Michael Schiavo interview on Larry King. Terri Schiavo suffered from bulimia nervosa which, among other things, can result in heart failure due to the loss of vital minerals such as potassium. The purging activity of a bulimic robs the body not only of the calories contained in food but also the nutrition which our organs need to function. This appears to be what happened to Terri Schiavo--a loss of potassium caused heart failure which lead to brain damage. She opened her eyes a month after collapsing in 1990 but has never regained consciousness.
- Her Treatment
Here is a link to a good timeline of the entire saga. It indicates "aggressive" physical and speech therapy starting in May of 1990. In July of 1990, Terri is brought to the home where her husband and parents live; after a few weeks, she is brought back to the rehabilitation center as her family was unable to care for her. In November of 1990, she was sent to California for an experimental procedure, the implanting of a thalamic stimulator into her brain. In 1994, she was transferred to a nursing home which, presumably, is when the rehabilitative treatments stopped. In 2000, she was transferred to a hospice facility.
- The Malpractice Case
"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. FN1. 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 South Trust 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 an mismanagement of Theresa's estate, and the records on this matter are excellently maintained." Report to Gov. Jeb Bush by Jay Wolfson, Guardian Ad Litem, at page 9 (Dec. 1, 2003). Michael Schiavo has said all the money he got from the lawsuit has gone for Terri's care, and that he won't see a penny upon her death. "There's no money, there's no insurance, there's about $50,000 left in her estate," Michael Schiavo said. "I will not receive a penny from this." CNN article, 10/28/2003.
- The Legal War Begins
Michael Schiavo was appointed Terri's guardian in June, 1990. It was not until May of 1998 (more than 8 years after Terry became unconscious) that Michael petitioned the court to have her feeding tube removed stating that he believed he was carrying out Terri's wishes. Terri's parents, Bob and Mary Schindler, and her sister, Suzanne Vitadamo, have vigorously contested the petition. On February 11, 2000, Judge Greer (the Florida trial judge in the case) found Terri Schiavo to be in a "persistent vegetative state" which is the finding necessary to under Florida law to allow for removal of a feeding tube. Link.
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- The Legal War, continued
From here, the case has been a long and sad tale that has seen Terri's feeding tube removed by court order three times and reinserted by court order twice. The Florida Legislature and the U.S. Congress both passed special laws designed to intervene in this case. The Governor of Florida, Jeb Bush, attempted to use the Florida law to personally intervene in the case and keep Terri alive but the law was declared unconstitutional. On March 26, 2005, the Court of Appeals for the Eleventh Circuit rejected the final appeal in the case to have the feeding tube reinserted.
- So Why All The Controversy?
This case is different than most right to die cases for three reasons: (a) Terri Schiavo left no written record of her wishes should she end up in a persistent vegetative state, (b) she is not terminally ill and only requires artificial means to be fed (i.e., her body is able to carry on all other functions), and (c) there is conflicting evidence regarding her degree of unconsciousness. It is the third element that has really captured the attention of the world. The following quote from the National Review (a conservative magazine) has a nice summary of all the countervailing evidence presented by the Schindlers regarding Terri's degree of function: "Yet, affidavits filed by nurses who cared for Terri claim that she has responded to them, can speak, and can even swallow food. Moreover, a picture is worth 1,000 words. Videotapes of Terri clearly show her responding to requests. For example, a closed-eyed Terri is asked to open her eyes by a doctor. Her eyes flutter and she does as he requests. She is asked in another video to follow a balloon with her eyes, and she does. In a heartbreaking video, Terri's mother kisses her on the cheek and Terri smiles and responds, clearly happy that her mom is with her. These and other videos can be seen by visiting www.terrisfight.org."
The trial court found this evidence unpersuasive; however, in a case of life or death, it is understandable that the public is anguished. Strong argument and reasoning exists on both sides of the question. Had Terri left a living will clearly setting forth her wish to die, maybe her parents would feel differently. Maybe not given their heartfelt belief that their daughter still possess some cognitive ability. In any event, this case points out the absolute need for all individuals to execute a living will (also known as an advanced medical directive). Click here for more information regarding advanced medical directives.
Update: RIP Terry Schiavo 3-31-2005.
Update: Terry Schiavo's autopsy showed that her brain had shrunk to about half the normal size and bore signs of severe damage. "This damage was irreversible, and no amount of therapy or treatment would have regenerated the massive loss of neurons," said Pinellas-Pasco County Medical Examiner Dr. Jon Thogmartin, who led the autopsy team. He also said she was blind, because the "vision centers of her brain were dead." Link. 6-15-05.
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Footnote 1: Michael and Terri Schiavo had been seeing a fertility specialist in attempts to conceive a child at the time of her collapse and heart attack.
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