Inclusion Daily Express -- Terri Schiavo's Right To Live

Inclusion Daily Express Logo

Disability Rights News Service
Click here for home page & today's headlines

JOIN US
TRY US FOR 10 DAYS -- FREE
SEARCH OUR ARCHIVES
IDE WEBLOG
LINKS
ABOUT IDE
WHAT OUR READERS SAY

HOT TOPICS:
Disability rights stories we are following
Samples of recent stories

Disabilities and . . .
Jack Kevorkian
Hurricane Katrina
Terri Schiavo
"War on Terror"
Sept. 11, 2001

Top disability rights stories . . .

2006
2005
2004
2003
2001

We have news for your Website or newsletter!

Other issues we cover:
Accessibility
Advocacy & Activism
Arts
Community living
Abuse & Crimes Against People With Disabilities
Criminal justice system
Education -- Special and Inclusive
Employment
Euthanasia, Assisted Suicide, Eugenics & Bioethics
Families
History
Housing
Institutions
Laws
Restraints & Seclusion
Self-Determination
Service Animals
Sports & Recreation
Technology

Keeping advocates informed, inspired and connected since 1999.
Not a subscriber? Try Inclusion Daily Express for two-weeks FREE!

Terri Schiavo's Right To Live

"I still see Terri as a sister in the disability community."
--Heather De Mian, a member of the grassroots disability rights group Not Dead Yet, commenting on June 15, 2005, after the results of Terri Schiavo's autopsy were released. Terri, who experienced a brain injury in 1990, died of dehydration on March 31, 2005, less than two weeks after her husband had her feeding tube removed under a court order

Court Battle Timeline 1990-2004

2007
March 12: Scientists Call For New Research Into "Disorders Of Consciousness"
2006
Sept. 14: Researchers: Woman's Severely Damaged Brain Responds To Directions
July 20: Governor Supports Nurse On Schiavo Statements
April 19: Governor Bush Drops Push For New Feeding Tube Law
April 4: One Year After Terri Schiavo's Death, Advocates Promise To Continue Fight
2005
Sept. 29: Terri Schiavo's Family To Publish Book
July 7: Governor Bush Ends Inquiry Into Terri Schiavo's Collapse
June 15: Schiavo Autopsy Results Released To Public
June 13: Citing Schiavo's Death, Indian Father Asks Permission To Kill Daughters
June 3: Fighting for our Lives at the ACLU by Lucy Gwin
May 3: Injured Firefighter Talks After Ten-Year Silence
April 18: No Abuse Found In Schiavo Records
April 14: Diverse Opinions Surround Terri Schiavo's Death
April 1: Disability Rights Advocates Resolve To Keep Others From Terri's Fate
April 1: Links to related stories
March 31: Terri Schiavo Dies After 13 Days Without Water Or Food
March 28: As Legal Options Fade, Protests For Terri Schiavo's Life Heat Up
Disability Perspective Finally Gets Press
Will New Legal Protections Come From Terri's Death?
Remembering Robert Wendland
March 23: Schindlers Dealt Several Blows In Efforts To Keep Terri Schiavo Alive
March 22: Federal Judge Refuses To Have Terri's Feeding Tube Reinserted
March 21: Terri's Life In The Hands Of Federal Court
March 18: Terri Schiavo's Feeding Tube Removed Again
March 17: After Other Efforts Fail, U.S. House Committee Plans To Intervene To Save Terri Schiavo
March 10: Efforts Continue To Spare Terri Schiavo's Life
March 8: Pressure Mounts On Terri Schiavo's Parents And Advocates
March 2: Judge Greer Rejects Several Schiavo Motions
Feb. 25: Judge Greer Sets New Date For Feeding Tube Removal
Feb. 23: Judge Greer Grants 48-Hour Stay; State Agency Asks For Time To Investigate Abuse Claims
Feb. 23: Disability Group Calls For Suspension Of Feeding Tube Removals
Feb. 22: Terri Schiavo's Life Spared At Least One More Day
Jan. 27: Terri Schiavo's 'Death Sentence' Is Unjust
Jan. 25: Court-Appointed Advocate Calls For Exam Of Terri Schiavo's Brain Damage
Jan. 24: U.S. Supreme Court Rejects "Terri's Law" Appeal
Jan. 7: Schindlers File New Challenge Against Florida Court Order; New Attorney Surprised By Terri's responsiveness
Jan. 3: Florida Appeals Court Rejects Schindlers' Appeal Over Terri Schiavo's Rights

2004
December 2: Governor Bush Takes Schiavo Case To U.S. Supreme Court
December 1: Florida High Court Drops Stay In Terri Schiavo Case
October 29: Two Florida Courts Agree To Keep Terri Schiavo Alive Through Appeals
October 23: Two Courts Refuse To Hear Appeals Over Keeping Terri Schiavo Alive
October 23: Why, Michael? Twelve Questions For Michael Schiavo
October 22: Remembering The Spotted Owl: Activism And Terri Schiavo
October 22: Unlikely Alliances And Foes In The Schiavo Debate
October 5: Governor Bush Challenges State Supreme Court On Schiavo Ruling
September 30: Schindlers Take New Guardianship Challenge To Judge Greer
September 23: Florida Supreme Court Rules "Terri's Law" Unconstitutional; Advocates Resolved To Continue Legal Battle
September 15: Terri Schiavo Would Not Want To Go Against Catholic Church, Her Parents Argue
August 31: Florida Supreme Court Hears Arguments In Schiavo Case
July 26: Michael Schiavo Accuses Governor Bush Of Subjecting Terri To 'Absolute Dictatorship'
July 22: Terri Schiavo Wouldn't Go Against Pope's Wishes, Parents Claim
July 13: Disability Groups File With Governor Bush In Schiavo Case
July 7: Governor Bush Claims Terri's Law Was Legal And Necessary
July 2: Appeals Court Shuts Parents Out Of Fight Over 'Terri's Law'
June 16: Florida Supreme Court To Take Terri Schiavo Case
June 2: Terri Schiavo Case To Be Fast-Tracked To Florida Supreme Court; Attorneys Challenge Michael Schiavo's Guardianship
May 27: Terri Schiavo Family Can Have Unsupervised Visit, Judge Greer Rules
May 18: Terri Schiavo's Parents Still Banned From Visits
May 14: Appeals Court Wants Schiavo Case On Fast Track To Supreme Court; Police Find No Criminal Intent Behind Puncture Marks
May 6: Judge Baird Rules "Terri's Law" Unconstitutional
April 30: Judge As Much To Blame As Terri Schiavo's Husband
April 23: Schiavo Case To Stay In Pinellas County, Appeals Court Says
April 15: Catholic Hospitals Will Respect Patients' Written Wishes
April 5: Catholic Hospitals Consider Pope's Position On Feeding Tubes
March 30: Police Cite "No Reason For Concern" Over Terri Schiavo's Puncture Marks
March 26: Schindlers Ask Court To Hold Son-in-law In Contempt
March 25: Pope John Paul II Calls Removal Of Feeding Tubes "Immoral"
March 17: Judge Baird Again Denies Schindlers' Request To Intervene In "Terri's Law" Case
February 13: Appeals Court Rules With Governor Bush And Schindlers On Key Decisions
January 12: Judge Refuses To Reinstate Independent Guardian For Terri Schiavo
2003
December 23: Judge Ready To Rule On "Terri's Law"
December 18: "Right To Die Or Right To Kill?"
December 12: "Florida Teacher Blames Firing on Support for Terri Schiavo"
December 11: Guardian Recommends Swallowing Tests For Terri Schiavo
November 21: Judges Baird And Greer Refuse To Step Aside On Schiavo Cases
November 19: Governor Bush Calls For Jury Trial In Schiavo Case
November 17: Schindlers Appeal Judge's Efforts To Block Them From Schiavo Suit; Family Takes Case To Oprah Show
November 14: Judge Sides With Michael Schiavo On Bush Request
November 13: Michael Schiavo Moves To Block Bush Appeal
November 10: Florida House Speaker Sides With Gov. Bush In Terri Schiavo Case
November 7: Judge Rejects Governor's Plea To Throw Out Constitutional Challenge To "Terri's Law"
November 6: Disability Perspective On Schiavo Case Gets Some Media Recognition
Novemer 5: Gov. Bush Asks Court To Throw Out Challenge To "Terri's Law"; Judge Greer Allows Parents To Sue For Guardianship Change
November 4: Court Denies Schindlers' Request To Join Case With Governor Bush
October 31: Guardian Appointed To Terri Schiavo Despite Parents' Objections
October 30: Law Center Asks To Represent Terri Schiavo's Parents; Terri Is Again Smiling At Parents, Lawyer Says
October 29: Michael Schiavo And ACLU Fight To Overturn "Terri's Law"
October 28: President Supports His Brother's Position in Terri Schiavo Case; Husband Accuses In-laws Of Wanting Wife's Money
October 27: Advocacy Groups Urge Public To Support Terri Schiavo's Right To Live; Agency Investigates Claims Of Husband's Abuse
October 24: Terri Schiavo's Condition Improving; Long-time Doctor Resigns
October 22: Terri Schiavo Back At Hospice; Family Visits
October 21: Terri Schiavo Back On Feeding Tube; Advocacy Efforts Work To Spare Terri's Life
October 20: Florida House Gives Gov. Bush Power To Intervene In Schiavo Case; Advocates Rally At White House, Hospice
October 17: Two Florida Courts Reject Schindlers' Last-minute Efforts
October 16: Lawyers Say Governor Bush Can And Should Intervene On Terri Schiavo's Behalf
October 15: Terri Schiavo's Feeding Tube Removed; Governor Bush Pledges Action
October 13: Vigil Begins For Terri Schiavo
October 10: Federal Judge Refuses To Stop Scheduled Feeding Tube Removal
October 9: Judge Greer Refuses To Postpone Removal Of Terri Schiavo's Feeding Tube
October 8: Governor Bush Weighs In On Terri Schiavo's Right To Swallowing Therapy
October 6: Michael Schiavo Requests Dismissal Of Federal Lawsuit; Disability Groups File Brief Supporting Terri Schiavo's Right To Live
September 23: Michael Schiavo Violates Wife's Constitutional Rights, Her Parents Claim In Federal Suit
September 18: Date Set Again For Removal Of Terri Schiavo's Feeding Tube; Parents Allege Conflict Of Interest On Husband's Legal Team
September 15: Judge Postpones Schiavo Feeding-Tube Removal While Considering Swallowing Therapy
September 3: Terri Schiavo Case Heard In Federal Court
August 27: Judge Greer Ignores Gov. Bush Guardianship Request; 27,000 Messages From Advocates Convinced Bush To Act
August 25: Terri Schiavo Situation Critical; Advocates Hope For Gov. Bush Intervention
August 15: Terri Schiavo Hospitalized, Husband Keeps Info From Family; Bishop Announces Support For Letting Terri Live
August 1: Michael Schiavo Asks Florida High Court To Speed Up Removal Of Wife's Feeding Tube
July 28: Appeals Court Gives 30-Day Stay In Schiavo Case; Demonstrators Find Tampa Courthouse Inaccessible To Many
July 23: An Open Letter to Terri Schiavo's Brothers and Sisters in the Disabled Community
July 17: Terri Schiavo's Supporters Claim Husband Strangled Her; Ask Gov. Jeb Bush To Launch Investigation
June 6: Appellate Court Ignores Advocates, Orders Terri Schiavo's Feeding Tube Removed
April 15: Paper Runs Three-Part Series On Terri Schiavo Case
April 4: Appeals Court Hears Arguments In Schiavo Case
February 25: Advocates File Brief Supporting Terri Schiavo's Right To Live
January 13: Terri Schiavo's Life Goes On, At Least For Now
January 11: Imperfections are part of life, ministers note

2002
September 24: Doctor Says Schiavo Would Not Recover From Coma; Judge Will Decide Her Fate

2001
August 22: Parents Say Daughter Has A Legal Right To Live

Related resources:
The Terri Schindler-Schiavo Foundation

Parents Say Daughter Has A Legal Right To Live
By Dave Reynolds, Inclusion Daily Express
August 22, 2001

TAMPA, FLORIDA--Bob and Mary Schindler have won a chance to battle for their daughter's life one more time. The date doctors are scheduled to remove a feeding tube from Terri Schiavo's stomach has been moved from August 28 to October 9.

A judge has moved the date to allow time for Schiavo's parents to file appeals. They are filing an appeal claiming that removing her feeding tube would be a form of discrimination under the Americans with Disabilities Act.

Schiavo had a heart attack on February 25, 1990 and was without oxygen for about five minutes. Doctors say here brain has been damaged to the point where she is in a "persistent vegitative state".

Michael Schiavo, Terri's husband and legal guardian, says he believes his wife would not want to continue living and has asked that her feeding tube be removed so she will dehydrate and starve to death. In April of this year, he was given approval by the court to do so, but that order has been postponed by the parents.

Terri's parents suggest that Michael's insistence that his wife die has less to do with his concern for her "suffering" and more to do with the $350,000 left over from a malpractice suit that would revert to him -- money that is currently being spent to keep her alive.

"You cannot execute a mentally disabled person just for being mentally disabled," Patricia Anderson, an attorney representing Schiavo's parents, told the St. Petersburg Times last week. "Her only crime is that she is mentally disabled."

Rev. Rus Cooper-Dowda of St. Petersburg, Florida has put together a timeline of events leading up to the judge's recent decision. Entitled "The 'Right' To Be Killed", it is available with special permission at this Inclusion Daily Express webpage:
http://www.inclusiondaily.com/news/advocacy/schiavo.htm

Click here for top of this page

Doctor Says Schiavo Would Not Recover From Coma; Judge Will Decide Her Fate
By Dave Reynolds, Inclusion Daily Express
September 24, 2002

CLEARWATER, FLORIDA--In two weeks, a judge will hear testimony to determine whether Terri Schiavo's feeding tube will be removed so she will dehydrate and starve to death.

Schiavo, 38, has been in a coma since she had a heart attack in February 1990 and was without oxygen for about five minutes. Doctors have said her brain was damaged to the point that she is in a "persistive vegetative state".

Her husband and legal guardian, Michael, believes his wife would not have wanted to stay alive. He has asked that her feeding tube be removed so she will die.

But Schiavo's parents, Bob and Mary Schindler, have said that Terri responds to them when they visit. They have fought through the courts to keep their daughter alive. They argue that Terri's condition might be improved if Michael were to pay for tests and treatments out of the hundreds of thousands of dollars left over from a malpractice suit.

An appeals court recently ordered that five doctors examine Schiavo to determine whether she would respond to treatments proposed by her parents. Each side was to select two physicians while a judge chose the fifth physician.

Two weeks ago, court-appointed physician Dr. Peter Bambakidis filed his report. Bambakidis said Schiavo will not improve, even with alternative treatments.

On October 11, a judge is scheduled to hear testimony to decide whether Schiavo's feeding tube will be removed.

Many disability rights advocates closely watch so-called "right to die" cases like Schiavo's. They point out that, among other things, people are at the highest risk when family members or others start using financial costs as a basis for "pulling the plug".

Last August, Rev. Rus Cooper-Dowda of St. Petersburg, Florida put together a personal timeline of events about Schiavo's case. Entitled "The 'Right' To Be Killed", it is available with special permission at this Inclusion Daily Express webpage:
http://www.inclusiondaily.com/news/advocacy/schiavo.htm

Click here for top of this page

Terri Schiavo's Life Goes On, At Least For Now
By Dave Reynolds, Inclusion Daily Express"
January 13, 2003

ST. PETERSBURG, FLORIDA--On January 3 and 4, Reverend Rus Cooper-Dowda, her husband and her son gathered with about 70 supporters for a sidewalk vigil "to embrace the life of Terri Schiavo and all the other people with disabilities, their families and supporters."

Terri, 39, has been in a coma since 1990 when she collapsed during a heart attack and was without oxygen for about five minutes. Doctors said her brain was damaged to the point that she is in a "persistive vegetative state".

Her husband and legal guardian, Michael, believes his wife would not have wanted to stay alive. He wants her feeding tube to be removed so she will starve and die.

But Terri's parents have said that she responds to them when they visit. They have fought through the courts to keep their daughter alive. They believe that Terri's condition might be improved if Michael were to pay for tests and treatments out of the hundreds of thousands of dollars left over from a malpractice suit.

In November, a judge ruled that Terri's feeding tube could be removed on January 3. But on Christmas Eve, the Second District Court of Appeals agreed to hear an appeal by her parents this coming April, thereby requiring her to continue being fed through the tube, for now.

Disability rights advocates have been watching Terri's situation closely. The judge's decision stating that she is not worth keeping alive sends a strong negative message to the disability community and to those who do not yet have such a disability.

Cooper-Dowda says she can empathize with Terri and her parents. While coming out of a coma 17 years ago, she heard doctors talking about removing her own life support.

She later went on to earn a second master's degree and give birth to Max, the son she was carrying at the time of the coma. Max was with his mother at the vigil earlier this month.

Today "Rev Rus" keeps advocates up-to-date on Terri Schiavo's situation, writes disability rights articles for publications such as The Ragged Edge, and advocates for more inclusive churches.

Full article:
"Imperfections are part of life, ministers note" (St. Petersburg Times)
http://www.InclusionDaily.com/news/03/red/0113a.htm

Related resources:
The Terri Schindler-Schiavo Foundation
http://www.terrisfight.org

"The Hearing to Save Terri Schiavo's Life" (Ragged Edge Online)
http://www.raggededgemagazine.com/1102/1102ft1.html

Click here for top of this page

Advocates File Brief Supporting Terri Schiavo's Right To Live
By Dave Reynolds, Inclusion Daily Express
February 25, 2003

ST. PETERSBURG, FLORIDA--Thirteen years ago, Theresa "Terri" Schiavo had a heart attack which caused her to go without oxygen for five minutes. She has been considered by many doctors to be in a "chronic vegetative state" since then.

Terri's parents say she laughs at jokes, turns her head, smiles, cries, moans and drinks water. They have been fighting in the courts against Terri's husband in order to keep her alive. If Terri dies, Michael Schiavo stands to gain part of a $700,000 malpractice judgment.

On Monday, 12 disability rights groups, a university affiliated policy center, a patients' rights group, and two people who have experienced severe brain injury filed an amicus (friend of the court) brief supporting Terri's right to food, water and treatment.

The disability rights groups that signed the brief include:
Not Dead Yet, ADAPT, American Association of People with Disabilities, Center for Self-Determination, Center on Human Policy at Syracuse University, Disability Rights Education & Defense Fund, Half the Planet Foundation, National Council on Independent Living, National Spinal Cord Injury Association, Self-Advocates Becoming Empowered, TASH, World Association of Persons with Disabilities, and World Institute on Disability. The Hospice Patients' Alliance, along with Dr. James Hall and Rev. Rus Cooper-Dowda, also signed in support of Terri and her parents.

"A judge's order to terminate the life of a woman with severe disabilities is not a private family matter," said attorney Max Lapertosa in a media statement. "Terminating Ms. Schiavo's life support would not be possible without the authority of the courts. This case reflects whether our society and legal system values the lives of people with disabilities equally to those without disabilities."

The issue hits home with Rus Cooper-Dowda, a minister, journalist, and free-lance writer who survived a severe brain injury.

"In 1985, my situation was much like Terri's," Cooper-Dowda wrote. "The hospital staff and my (ex) husband had written me off as being as good as dead, as someone who would never regain any kind of 'meaningful' function."

"Since then, I've earned a Master's degree and had a son. Having a son would have surprised them, too, since those same physicians had earlier pronounced me sterile."

Click here for top of this page

Appeals Court Hears Arguments In Schiavo Case
By Dave Reynolds, Inclusion Daily Express
April 4, 2003

ST. PETERSBURG, FLORIDA--An attorney for Theresa "Terri" Schiavo's parents tried Friday to persuade an appeals court to keep their daughter alive.

Pat Anderson urged the 2nd District Court of Appeals to overturn a ruling last fall by a Pinellas County court judge, that would have had Schiavo's feeding tube removed so she would die.

"The fact that she cannot bring a spoon to her mouth should not be a death warrant," Anderson told the three-judge appellate panel Friday.

Anderson explained that there is a chance Schiavo might improve, if certain therapies are tried -- therapies that have not been attempted since Schiavo fell into a coma 13 years ago.

"What's it going to hurt to give her some therapy she's been entitled to anyway?" Anderson asked the judges.

In 1990, Schiavo had a heart attack which caused her to go without oxygen for five minutes and lapse into a coma. She has been considered by many doctors to be in a "chronic vegetative state" since then.

Her parents say she laughs at jokes, turns her head, smiles, cries, moans and drinks water. They have been fighting in the courts against Terri's husband in order to keep her alive. If Terri dies, Michael Schiavo stands to gain part of a $700,000 malpractice judgment.

Twelve disability rights groups, a university affiliated policy center, a patients' rights group, and two people who have experienced severe brain injury filed an amicus (friend of the court) brief supporting Terri's right to food, water and treatment. They are concerned that a ruling against Schiavo's parents would send the message that people with disabilities are not valuable enough to keep alive.

Michael Schiavo's attorney, George Felos, told the judges that Terri once told Michael she would not want to be kept alive under these circumstances. Felos also argued that there is "overwhelming" evidence Terri will not recover.

The appellate court is expected to rule on the case within the next few weeks.

Click here for top of this page

Paper Runs Three-Part Series On Terri Schiavo Case
By Dave Reynolds, Inclusion Daily Express
April 15, 2003

ST. PETERSBURG, FLORIDA--Newsday staff correspondent Hugo Kugiya completed a three-part series on the case of Terri Schiavo Tuesday.

Terri had a heart attack on February 25, 1990 and was without oxygen for about five minutes. Some doctors say her brain was been damaged to the point where she is in a "persistent vegitative state". Others say she is aware of her surroundings and responds to family members, friends and music.

Terri continues to breathe on her own but is fed a mixture of nutrients similar to baby formula through a feeding tube.

Michael Schiavo, her husband and legal guardian, says Terri would not want to continue living. He has asked that her feeding tube be removed so she will dehydrate and starve to death.

Terri's parents have fought in the courts to keep Terri alive. They suggest that Michael's insistence that his wife die has less to do with his concern for her "suffering" and more to do with the money left over from a malpractice suit that would revert to him -- money that is currently being spent to keep her alive.

Earlier this month, an appeals court heard arguments on both sides of the issue. They are expected to make a final decision within the next few weeks.

The Newsday series looked rather objectively at both sides of the case. Correspondent Kugiya also looked into accusations that Michael abused Terri and suggestions that she was considering divorce before her heart attack.

One question being asked: "If Michael truly believed Terri would have preferred death over living in her condition, why did he wait until 1998 -- after the malpractice suit was settled for $700,000 -- to request her feeding be stopped?"

Entire series:
"Day 1: A Life Or Death Issue"
http://www.newsday.com/news/nationworld/ny-usschi0413,0,518569.story

"Day 2: Seeking Right to Death"
http://www.newsday.com/news/nationworld/ny-usschi0414,0,649642.story

"Day 3: Seeing Signs of Life"
http://www.newsday.com/news/nationworld/nation/ny-usschi0415.story

Click here for top of this page

Appellate Court Ignores Advocates, Orders Terri Schiavo's Feeding Tube Removed
By Dave Reynolds, Inclusion Daily Express
June 6, 2003

LAKELAND, FLORIDA--Bob and Mary Schindler were dealt another blow Friday in their fight to save the life of their daughter, Terri Marie Schiavo.

Florida's 2nd District Court of Appeal ruled that Circuit Judge George W. Greer was right last year when he scheduled the removal of the feeding tube that is keeping Terri alive. The three-member appeals court said that there is "no hope of a medical cure" and that there is "clear and convincing evidence" that she would not want to live in her present condition.

Schiavo had a heart attack on February 25, 1990 and was without oxygen for about five minutes. Some doctors say her brain was damaged to the point where she is in a "persistent vegetative state". Other doctors have said Terri would benefit from innovative therapies.

Her parents say Terri is alert and responsive, that she laughs at jokes, turns her head, smiles, cries, moans and drinks water.

Schiavo's husband and guardian, Michael, is pushing to have Terri's feeding tube removed so she will die. He claims that she told him, before the heart attack, that she would not want to live if she were disabled to this extent.

The Schindlers say that Michael Schiavo wants the remainder of a $700,000 medical trust fund awarded to his wife in a 1992 malpractice lawsuit that would revert back to him if she dies. They believe he also wants to marry another woman, with whom he had a baby girl in September.

Doctors say that if Terri's feeding tube is removed, she would likely die within two weeks.

Pat Anderson, the Schindlers' attorney, said they would appeal the latest ruling to the Florida Supreme Court. That court declined to hear the case two years ago. The U.S. Supreme Court has also refused to hear the case.

"I have prepared them the day will come when there will not be anymore legal options," Anderson said of Terri's parents. "That day has not arrived."

In February of this year, twelve disability rights groups, a university affiliated policy center, a patients' rights group, and two people who have experienced severe brain injuries filed an amicus (friend of the court) brief supporting Terri's right to food, water and treatment.

"This case reflects whether our society and legal system values the lives of people with disabilities equally to those without disabilities,"said attorney Max Lapertosa.

Related resources:
"Timeline of the Terri Schiavo case" (Associated Press via Sarasota Herald-Tribune)
http://www.InclusionDaily.com/news/03/red/0606a.htm

---

Terri Schiavo's Supporters Claim Husband Strangled Her; Ask Gov. Jeb Bush To Launch Investigation
By Dave Reynolds, Inclusion Daily Express
July 17, 2003

TAMPA, FLORIDA--Theresa "Terri" Schiavo's family members and supporters of her right to live are hoping Florida Governor Jeb Bush will halt a judge's order that her feeding tube be removed and will launch an investigation into allegations that her husband attacked and strangled her 13 years ago.

Supporters claim that evidence from previously sealed records suggest Terri was without oxygen on February 25, 1990, not because of a heart attack, but because she was strangled, presumably by her husband. They point to a bone scan done one year after Terri's collapse that indicated she suffered numerous bone fractures and injuries all over her body, along with a neurologist's October 2002 testimony claiming Terri had a neck injury consistent with that of a strangulation victim.

"If true, this will be a perfect murder . . .with the blessings from the State of Florida," wrote disability rights columnist Maggie Dee in an email letter to Gov. Bush. "Please stay the decision in the appellate court not to intercede on Terri Schiavo's case."

Earlier this week, Florida's 2nd District Court of Appeal announced that it would not reverse its June 6 decision which supported Circuit Court Judge George W. Greer's November 2002 order to have Terri's feeding tube removed, according to the wishes of her husband, Michael Schiavo. The appeal court ruled that "that there is no hope of a medical cure" and that there is "clear and convincing evidence" that Terri would not want to live in her present condition.

The decision clears the way for Greer to again schedule removal of the feeding tube as early as the end of next week. If that happens Terri would likely die of starvation and dehydration within a couple of weeks.

Many disability rights advocates have been closely watching this case. They point out that, among other things, people are at the highest risk when family members or others start using financial costs as a basis for "pulling the plug" on people considered "severely disabled".

Terri's parents, Robert and Mary Schindler, have been fighting in the courts for years to keep their daughter alive. Testimony by some experts, along with video tapes of the family's interactions with Terri, show that she is alert and aware of her surroundings, that she smiles when talked to, responds to music and follows instructions. They argue that Terri would benefit from rehabilitative therapies which could be paid for from what is left of a $700,000 insurance settlement currently in a trust account.

Her parents also believe that Michael wants Terri's life to end because, as her sole heir, he would receive that money only when she dies, and because he wants to marry another woman with whom he fathered a baby girl last year.

They are suspicious that Michael fought hard for Terri to receive proper care until five years ago, when he suddenly announced that he believed her wishes were to not be kept alive.

Supporters are planning a demonstration at the Tampa courthouse on Friday, July 25, at 8:00 a.m.

Readers can send letters to Governor Jeb Bush, or sign an on-line petition.

Related resources:
Urgent Call to Action (Terri Schindler-Schiavo Foundation)
http://www.zimp.org
Video Clips of Terri Schiavo
http://www.zimp.org/vid.html
Terri's Fight (Terri Schindler-Schiavo Foundation)
http://www.terrisfight.org/
Letter to Jeb Bush (Station504.com)
http://www2.station504.com/TerrisFight.htm

Click here for top of this page

Appeals Court Gives 30-Day Stay In Schiavo Case;
Demonstrators Find Tampa Courthouse Inaccessible To Many
By Dave Reynolds, Inclusion Daily Express
July 28, 2003

TAMPA, FLORIDA--Florida's 2nd District Court of Appeal on Friday gave Terri Schiavo's parents 30 days to appeal to the Florida Supreme Court to save their daughter's life.

Just one week earlier, the appellate court had decided to send the case to Circuit Judge George Greer, who last year ruled that Terri's feeding tube should be removed so she will starve to death. Friday's decision keeps the case out of Greer's courtroom for a month.

Now the attorneys for Terri's parents, Bob and Mary Schindler, will have to convince the Florida Supreme Court to take up the case. The high court declined to review the case in April 2001.

Friday's ruling came after the Schindlers led a demonstration in front of the appellate court building in downtown Tampa. There is no indication as to whether or not the appellate court's ruling had anything to do with the protest.

Terri was 26 in 1990 when she collapsed and was without oxygen for several minutes. Since then, she has been breathing on her own, but is given food and water through a feeding tube installed in her stomach. Some doctors say she has been in a "persistent vegetative state".

Her husband and guardian, Michael Schiavo, has convinced the courts that Terri would not have wanted to live in her current condition.

Her parents disagree. They say Terri needs therapies that could be purchased with what is left over of an insurance settlement.

Over the weekend, the family posted audio clips on the "Terri's Fight" Website, which they claim prove Terri is responsive and even vocalizes.

Last week they said they want the state to look into allegations that Terri's loss of oxygen may have been caused by strangulation -- presumably by her husband.

Disability rights advocates are watching the case closely. Many are concerned that Terri's death would send a message that the lives of people with significant disabilities are not worth living or worth keeping alive.

On a related story, disability rights activist Rus Cooper-Dowda was on hand for Friday's protests. She wrote that the struggle for the rights of Floridians with disabilities is further hampered by the fact that the Tampa Courthouse itself is not accessible for many citizens.

"Every time I go to that courthouse on Terri's behalf I get slammed with the fact that I (as another person with disabilities) don't really count either in Florida," Cooper-Dowda wrote.

Related resources:
"Audio Evidence" (Terri Schindler-Schiavo Foundation)
http://www.zimp.org/audio.html
"Terri Schiavo's Florida: Disability Hospitality" by Rus Cooper-Dowda (Inclusion Daily Express)
http://www.InclusionDaily.com/news/advocacy/schiavo03.htm

---

Michael Schiavo Asks Florida High Court To Speed Up Removal Of Wife's Feeding Tube
By Dave Reynolds, Inclusion Daily Express
August 1, 2003

TAMPA, FLORIDA--Less than a week after the 2nd District Court of Appeal ordered a Pinellas Circuit Court to wait 30 days before scheduling the removal of Terri Schiavo's feeding tube, her husband has asked the Florida Supreme Court to intervene.

Michael Schiavo on Thursday requested that the state Supreme Court direct the lower appellate court to lift its 30-day stay, so Judge George Greer can schedule having the tube removed. The Supreme Court declined his motion without comment.

Terri was 26 in 1990 when she collapsed and was without oxygen for several minutes. Since then, she has been breathing on her own, but is given food and water through a feeding tube installed in her stomach. The Pinellas Circuit Court has ruled that Terri is in a "persistent vegetative state" and that she cannot improve.

Her husband and guardian, Michael Schiavo, has convinced the courts that Terri would not have wanted to live in her current condition.

For years Terri's parents, Bob and Mary Schindler, have been fighting Michael over Terri's right to continue living. They claim Terri may improve with therapies that could be purchased with what is left over of an insurance settlement -- money that would go to Michael if Terri dies.

Disability rights advocates are closely watching Terri's situation. Many say that Terri's death by starvation would send the message that people with significant disabilities are not worth keeping alive.

Terri's brother, Bobby Schindler, and her father appeared Monday night on Bill O'Reilly's "The O'Reilly Factor".

"If you see videos of Terri, you can see that she's trying her hardest to communicate," Bobby Schindler told O'Reilly. "She responds to different stimuli, and doctors believe, that have come in and examined Terri, that she's a candidate to -- for rehabilitation. There's different types that are available today that can be applied to Terri to try to help her."

On the "Terri's Fight" Website, the family has posted audio clips which they claim prove Terri is responsive and even vocalizes. They have also posted video clips in which Terri appears to be following instructions and responding to various stimuli, including her parents' voices.

Related resources:
The O'Reilly Factor "The Fight Over Terri Schiavo" (FoxNews.com)
http://www.foxnews.com/story/0,2933,93209,00.html
Terri's Fight (The Terri Schindler-Schiavo Foundation)
http://www.terrisfight.org/lead.htm

Click here for top of this page

Terri Schiavo Hospitalized, Husband Keeps Info From Family; Bishop Announces Support For Letting Terri Live
By Dave Reynolds, Inclusion Daily Express
August 15, 2003

TAMPA, FLORIDA--Robert Schindler was in for a shock Thursday afternoon when he went to visit his daughter, Terri Schiavo, at the hospice where she has lived for the last five years.

Terri, 39, had been transferred to a hospital in Clearwater because of a medical emergency, nearly 24 hours earlier.

At the instructions of Terri's husband and guardian, Michael Schiavo, neither the staff at the hospice or the hospital notified the Schindlers of the transfer, nor could they talk about Terri's medical condition or prognosis for recovery.

Robert and Mary Schindler said Friday that Michael Schiavo is violating a 1996 court order requiring him to notify them of "any significant changes in Theresa Schiavo's condition", and directing him to tell the nursing facility to discuss her condition with the parents.

The incident came three weeks after the Second District Court of Appeal ordered a Pinellas Circuit Court to wait 30 days before scheduling the removal of Terri's feeding tube.

Thirteen years ago Terri was without oxygen for several minutes because of an unusual heart attack. Since then, she has been breathing on her own, but is given food and water through a feeding tube installed in her stomach. The local court has ruled that she is in a "persistent vegetative state" and that she cannot improve. Michael Schiavo contends that his wife would not have wanted to live in her current condition, and has fought through the courts to have her feeding tube removed so she will starve to death.

Her parents have been at legal odds with her husband over his desire that she die. They insist that Schiavo wants to receive several hundred thousand dollars from an insurance settlement that will go to him when Terri dies, and that he wants to marry a woman with whom he has fathered a child.

The Schindlers claim that over a dozen medical professionals have signed affidavits swearing that Terri's condition is being misrepresented, and that she can recover with proper therapies. Video clips show her interacting meaningfully with her parents and doctors, and apparently trying to speak.

Michael Schiavo has refused to allow any therapies for Terri.

One of those supporting the therapy option is a speech-language pathologist from the Rehabilitation Institute of Chicago.

"It is my judgment based on my training and clinical experience working with patients similar to Terri that she would, within a reasonable degree of clinical probability, be able to improve her ability to interact with her environment, communicate with others, and control her environment if she were given appropriate therapy and training as outlined above," wrote Sara Green Mele in a signed affidavit. "These recommendations, in my opinion, would greatly improve Terri's quality of life."

On a related note, the Catholic bishop for the Diocese of St. Petersburg has called for Terri's case to be reviewed before the 30-day stay is lifted.

"I strongly recommend that . . . Terri's family be allowed to attempt a medical protocol which they feel would improve her condition," wrote Bishop Robert Lynch in a two-and-a-half-page statement released Tuesday.

Lynch, along with other Catholic bishops in Florida, had been criticized for not speaking out in the case. The St. Petersburg Diocese had issued a statement in October 2002 stating that "as there is significant disagreement among the family of Terri Schiavo . . . the church will refrain from passing judgment on the actions of anyone in this tragic moment."

Related:
"Brain-damaged woman hospitalized" (WorldNetDaily.com)
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=34120
"Pathologist's statement in Terri Schiavo case" (WorldNetDaily.com)
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=33875
"Bishop: Family Should Be Allowed to Help Disabled Daughter" (Cybercast News Service)
http://www.InclusionDaily.com/news/03/red/0815b.htm

Click here for top of this page

Terri Schiavo Situation Critical; Advocates Hope For Gov. Bush Intervention
By Dave Reynolds, Inclusion Daily Express
August 25, 2003

TAMPA, FLORIDA--Terri Schiavo's family, along with supporters of her right to continue living, were dealt three serious blows in recent days. They are hopeful, however, that help may come from Governor Jeb Bush before a judge orders Terri to starve to death.

Terri 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 Terri with food and water. That decision could come as early as September 11, when a visitation hearing is scheduled. Once the tube is removed, Terri would likely die in 10 to 14 days. Her parents want an assessment done to see if Terri can be spoon-fed.

Sunday night, Terri was moved back to Morton Plant Hospital with lung congestion and "a substantial infection", just a few days after she was released from the hospital. Terri's parents were not informed of the second hospitalization until Monday afternoon.

Later on Monday afternoon, an attorney for Michael Schiavo submitted a motion to Judge Greer asking that all medical treatment at the hospital be stopped and that Terri be moved back to the hospice that has been her home for the last five years, so she can "die in a peaceful setting with comfort care".

Attorney George Felos admitted in his motion that Terri Schiavo would likely recover from the infection because she is getting antibiotics intravenously at the hospital. Felos wrote, however, that "further treatment (other than comfort care) for the ward's infection and other medical conditions is unnecessary, unwarranted, inappropriate and futile" since it is inevitable that Greer will allow her to starve to death.

Terri's parents and supporters do have one last hope: Governor Jeb Bush.

The Florida Coalition for Disability Rights 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."

"The state stands on a slippery slope. Without caution, the slope leads to a precipice and the precipice leads to death for Terri Schiavo and all like her."

Bush responded that his options are limited by the court's decisions, along with the fact that Terri already does have a legal guardian. According to the Associated Press, Bush said he is "looking at another option," but declined to elaborate.

"We're trying to find a way to intervene in a thoughtful way that recognizes ultimately the decision in court," Bush is quoted as saying Monday.

Related:
"Terri Schindler Schiavo Placed in Hospital in Critical Condition" (CNSNews.com)
http://www.InclusionDaily.com/news/03/red/0825b.htm
"Schiavo's husband wants medical treatment stopped" (Associated Press via Lakeland Ledger)
http://www.InclusionDaily.com/news/03/red/0825c.htm
"Terri Schiavo's Reasonable Doubt" (FCDR)
http://www.dimenet.com/hotnews/cgi/getlink.cgi?3351R

Click here for top of this page

Terri Schiavo Case Heard In Federal Court
By Dave Reynolds, Inclusion Daily Express
September 3, 2003

TAMPA, FLORIDA--Michael Schiavo has violated the rights of his wife, Terri Schindler-Schiavo, by withholding medical treatment and refusing to permit her to be fed by mouth, an attorney for her parents alleged Tuesday in Federal District Court.

Christopher A. Ferrara, a New Jersey attorney with the American Catholic Lawyers Association and who is representing Terri's parents, told U.S. District Judge Richard A. Lazzara that Robert and Mary Schindler suspected Michael Schiavo of blocking what would have been Terri's third recent admission to a nearby hospital early Saturday -- in an effort to speed up her death.

Terri has been in what Florida courts have ruled as a "persistent vegetative state" since she collapsed during a heart attack and was without oxygen for several minutes in 1990. She is able to breathe on her own, but is given nourishment through a feeding tube implanted in her stomach. For the last six years, Michael Schiavo has said that his wife would have not wanted to live in her condition. Pinellas Circuit Judge George Greer has set a hearing for September 11, at which time he is expected to schedule the removal of Terri's feeding tube.

Terri's parents say that Terri is responsive, alert, laughs and tries to talk. They are suspicious of Michael Schiavo and claim that he wants Terri to die, in part, so he can have what's left of a several hundred thousand dollar insurance settlement which he would inherit if she dies. They have been fighting the courts for years, even enlisting the support of Governor Jeb Bush, whose suggestions were ignored by Greer last week.

Terri was transported by ambulance to Morton Plant Hospital from Hospice Woodside Saturday morning. It was her second visit to the hospital since she was treated for a lung infection and other ailments two weeks earlier.

But Terri was sent back to the hospice under the orders of her husband, who is also her guardian. Michael later said there was no need for her to be readmitted to the hospital Saturday morning.

Ferrara told Judge Lazzara on Tuesday that the Schindlers are worried that once Greer schedules the removal of Terri's feeding tube, Michael Schiavo will keep the parents from trying to spoon feed Terri.

"(The Schindlers) are about to lose their daughter because no one wants to put a teaspoon of Jell-O to her mouth," Ferrara said. "It's insane."

Ferrara said Michael Schiavo's actions violated Terri's rights under federal laws including the Americans with Disabilities Act.

Lazzara refused to block Judge Greer's orders, but told Ferrara to file an amended version of his complaint within 10 days. Lazzara also gave Michael Schiavo's attorney, George Felos, 10 additional days to respond before another hearing could be held in federal court. Both sides agreed that Greer will likely schedule the feeding tube removal far enough in the future to allow Lazzara time to consider the new federal lawsuit.

In related news, Pamela Hennessey, who has been representing the Schindlers, has filed affidavits from three former staff members -- including a registered nurse -- of a nursing home where Terri had stayed. The affidavits claim that Michael Schiavo intimidated the nursing home's management and staffs into refusing therapies for his wife. The sworn statements allege, among other things, that Terri was visibly shaken after his visits, and that Michael appeared overjoyed whenever she was ill.

Related resources:
"The Federal Case and related documents..." (Terri Schindler-Schiavo Foundation)
http://www.terrisfight.org/lead.htm
"Federal Judge Kills Bid To Bar Schiavo Ruling" (Tampa Tribune)
http://news.tbo.com/news/MGA4WL9T4KD.html

Click here for top of this page

Judge Postpones Schiavo Feeding-Tube Removal While Considering Swallowing Therapy
By Dave Reynolds, Inclusion Daily Express
September 15, 2003

TAMPA, FLORIDA--Pinellas-Pasco Circuit Court Judge George Greer refused Monday to order swallowing therapy for Terri Schindler Schiavo, but said he will make a decision on the matter later in the week.

The order had been requested by Terri's parents, Bob and Mary Schindler, who have been waging a battle against her husband, Michael Schiavo, to keep Terri alive. The Schindlers had also requested to have Michael Schiavo removed as guardian, claiming that he has a conflict of interest because he is engaged to another woman with whom he has one child and is expecting another.

Greer said the Schindlers' attorneys had not used the proper legal process in asking for the order.

Greer has postponed scheduling the removal of the feeding tube that provides Terri with food and water.

Terri collapsed and was without oxygen for several minutes in 1990 when she was 26 years old. Since then she has been in what some doctors describe as a "persistent vegetative state". For several years, her husband has said that Terri told him prior to the event that she would not want to live in that condition. Courts have supported him in his desire to have the feeding tube removed so Terri will die.

Terri's parents have produced documents from medical professionals that argue that Terri is alert, responsive and could benefit from rehabilitative therapies, including spoon-feeding. The Schindlers claim that Michael wants Terri to die, in part, so he will be able to take advantage of what is left of a $700,000 insurance settlement.

Last week, a family representative said that a group of advocates had put together a formal request to state's attorney, Bernie McCabe, asking him to investigate allegations that Michael has abused his wife and refused to allow any rehabilitation for her. Affidavits from former caregivers suggest that Michael Schiavo was uncaring and abusive to his wife when she was in a nursing home during the mid 1990s.

Terri's parents also asked Judge Greer to be removed from their daughter's case, claiming he violated Florida's Code of Judicial Conduct by discussing details of the case with colleagues and the media.

Greer has reportedly denied that motion, but his decision is expected to be appealed.

Related resources:
"Woman's food-tube dispute nears end" (Orlando Sentinel)
http://www.InclusionDaily.com/news/03/red/0915b.htm
"Disabled Woman's Family, Former Nurses Seek Inquiry" (Cybercast News Service)
http://www.InclusionDaily.com/news/03/red/0915c.htm
"Too thin a line between life, death for Schiavo" (St. Petersburg Times)
http://www.sptimes.com/2003/09/15/Columns/Too_thin_a_line_betwe.shtml

Click here for top of this page

Michael Schiavo Violates Wife's Constitutional Rights, Her Parents Claim In Federal Suit
By Dave Reynolds, Inclusion Daily Express
September 23, 2003

TAMPA, FLORIDA--Bob and Mary Schindler filed a lawsuit in federal court Monday against their son-in-law, Michael Schiavo, claiming he is violating the constitutional rights of their daughter, Terri Schiavo.

The Schindlers are asking for Mr. Schiavo to be removed as Terri's guardian and for a federal injunction to block the scheduled October 15 removal of the feeding tube that is keeping her alive.

U.S. District Judge Richard Lazzara scheduled a hearing in the case for October 10. He also set October 6 as the deadline for Florida Attorney General Charlie Crist to let the court know whether his office plans to intervene.

According to the Associated Press, the Schindlers' lawsuit also alleges that a conspiracy exists between Pinellas Circuit Court Judge George Greer and Michael Schiavo in pushing to end Terri's life.

Since 1990, Terri has been in what some doctors describe as a "persistent vegetative state" from which they believe she cannot recover. Mr. Schiavo first petitioned in May 1998 to have removed the feeding tube which provides Terri with food and water. He claims Terri told him that she would not have wanted to live "in this condition".

Terri's parents and their supporters, along with several experts and former caregivers, say that Terri responds to her surroundings, laughs, follows some instructions and has tried to say "help me" and "mommy". They want Mr. Schiavo to use some of the $700,000 set aside from an insurance settlement to pay for rehabilitative therapies, including speech and swallowing therapies.

Mr. Schiavo has refused.

Judge Greer's decisions regarding Terri have consistently sided with her husband. The state Court of Appeals has also sided with Greer and Michael Schiavo.

Last month, Greer ignored a request from Governor Jeb Bush to wait on scheduling the removal of Terri's feeding tube until a special guardian could be appointed to look into her case and "provide the court with an unbiased view that considers" her best interests.

Bush told Greer that he would not normally write a judge about a current legal proceeding, but noted that his office received 27,000 e-mails "reflecting understandable concern for the well being" of Terri Schiavo.

Disability groups are watching the case carefully. Many worry that Terri's death by starvation will send a message that people with certain disabilities are not worth keeping alive.

The U.S. and Florida supreme courts have refused to hear the case.

Related:
"Disabled patient's parents sue" (Associated Press via Orlando Sentinel)
http://www.InclusionDaily.com/news/03/red/0923a.htm

Click here for top of this page

Have the latest disability rights news delivered to your email Inbox every week day.
Subscribe to Inclusion Daily Express today!

Get your news here!