Judge OKs feed tube removal for brain-damaged woman
PINELLAS PARK, Fla. (AP) - With a furious legal and political battle raging outside her hospice room, doctors removed Terri Schiavo's feeding tube Friday after a judge rebuffed an unprecedented attempt by Congress to keep the brain-damaged woman alive. Schiavo, 41, could linger one to two weeks without the tube, provided no one intercedes and has it reinserted - as happened twice before.
The move came after Republicans on Capitol Hill used their subpoena power to demand Schiavo be brought before a congressional hearing, saying removing the tube amounted to "barbarism." The lawyer for Schiavo's husband shot back at a news conference, calling the subpoenas "nothing short of thuggery."
"It was odious, it was shocking, it was disgusting and I think all Americans should be very alarmed about that," George Felos said.
The judge presiding over the case ruled in the husband's favour early Friday afternoon and rejected the request from U.S. House of Representatives lawyers to delay the removal, which he had previously ordered to take place at 1 p.m. EST. Felos said Michael Schiavo was at his wife's side shortly after the tube was disconnected.
Late Friday, the House committee that issued the subpoenas filed an emergency request at the U.S. Supreme Court, asking justices to reinsert Schiavo's feeding tube while the committee files appeals in the lower courts to have its subpoenas recognized.
The removal of the tube signals an end may be near in a decade-long family feud between Schiavo's husband and her devoutly Roman Catholic parents, Bob and Mary Schindler. The parents have been trying to oust Michael Schiavo as their daughter's guardian and keep in place the tube that has kept her alive for more than 15 years.
Michael Schiavo said his wife told him she would not want to be kept alive artificially. Her parents dispute that, saying she could recover and their daughter has laughed, cried, smiled and responded to their voices. Court-appointed physicians testified her brain damage is so severe there is no hope she would ever have any cognitive abilities.
The family is still hoping for a long-shot legal victory to have the tube re-inserted.
It is unclear how much time the family will have. The effects of such feeding tubes being removed can be seen by the third or fourth day, when the patient's mouth begins to look dry and the eyes appear sunken. From days five to 10, respiration becomes irregular with periods of very fast and then very slow breathing. By the final days, kidney function declines, toxins begin accumulating in the body and multiple organ systems fail from lack of nutrition.
Court-appointed doctors have said Schiavo will not feel any pain given her state but her parents' doctors dispute that.
Several right-to-die cases across the United States have been fought in the courts in recent years but few, if any, have been this drawn-out and bitter.
The case has garnered attention around the world and served as a rallying cry for conservative Christian groups and anti-abortion activists, who flooded members of Congress and Florida legislators with messages seeking to keep Schiavo alive.
Outside Schiavo's hospice, about 30 people keeping vigil dropped to their knees in prayer when word spread of the judge's ruling calling for removal of the tube.
White House spokesman Scott McClellan said President George W. Bush discussed the case with his brother, Florida Gov. Jeb Bush, and members of the state's congressional delegation during his swing through Florida on Friday to discuss Social Security reform.
"We're continuing to monitor developments," McClellan said.
"The president believes when there are serious questions or doubts in a case like this that the presumption ought to be in favor of life."
Gov. Bush said the judge's decision "breaks my heart" and noted it often takes two decades for a death row inmate's appeals to go through the system.
"There's this rush to starve her to death," Bush said.
But U.S. Representative Henry Waxman of California, senior Democrat on the government reform committee, called the subpoenas a "flagrant abuse of power" and said they amount to Congress dictating the medical care Terri Schiavo should receive.
"Congress is turning the Schiavo family's personal tragedy into a national political farce," Waxman said.
Schiavo suffered severe brain damage in 1990 when a chemical imbalance apparently brought on by an eating disorder caused her heart to stop beating for a few minutes. She can breathe on her own but has relied on the feeding and hydration tube to keep her alive.
Both sides accused each other of being motivated by greed over a $1-million medical malpractice award from doctors who failed to diagnose the chemical imbalance.
The Schindlers also said Michael Schiavo wants their daughter dead so he can marry his longtime girlfriend, with whom he has young children. They have begged him to divorce their daughter and let them care for her.
The tangled case has encompassed at least 19 judges in at least six different courts.
In 2001, Schiavo went without food and water for two days before a judge ordered the tube reinserted when a new witness surfaced.
When the tube was removed in October 2003, her parents and two siblings frantically sought intervention from Gov. Bush to stop her slow starvation. The governor pushed through Terri's Law and six days later the tube was reinserted.
That set off a new round of legal battles which culminated in September 2004 with the Florida Supreme Court ruling that Bush had overstepped his authority and declared the law unconstitutional.
The U.S. Supreme Court has been unwilling to hear arguments in the case.
On Feb. 25, Circuit Judge George Greer gave Michael Schiavo permission to order the removal of the feeding tube Friday.
"I have had no cogent reason why the (congressional) committee should intervene," Greer told lawyers in a conference call Friday, adding last-minute action by Congress does not invalidate years of court rulings.
The lawyer for the parents said he would likely file a new appeal early next week with a federal appeals court. He also said he hoped legislators in Washington or Tallahassee could agree on legislation that would force the tube to be reinserted. Similar efforts have failed in the past.
"I'm hopeful these men and women can get a strategy, get a focus, because we're running out of time," said lawyer David Gibbs.
This is why it is such bullshit that doctor-assisted suicide is completely illegal. How is it okay that they would starve her to death instead of just putting her to sleep?
If her brain damage is truly that serious, then at this point she is just a body with no cognitive abilities and keeping her alive is doing nothing but draining the family's finances and emotions. Finish her off, for god's sakes. Be humane.
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happeningfish wrote:This is why it is such bullshit that doctor-assisted suicide is completely illegal. How is it okay that they would starve her to death instead of just putting her to sleep? If her brain damage is truly that serious, then at this point she is just a body with no cognitive abilities and keeping her alive is doing nothing but draining the family's finances and emotions. Finish her off, for god's sakes. Be humane.
That's exactly how I feel. I don't understand at all how letting someone die painfully is worse than helping them die quickly.
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I heard that she screeched in her hospital room after the tube was removed. But yeah, I'm all for euthanasia. I just kind of question the hudband's intentions because I've heard stuff about him.
How he wants to marry someone new and stuff.
Lando wrote:Youth in Asia are the same as everywhere else, you should totally be Pro-Youth!
You would say something like that wouldnt you.
Secondly I'm againts euthanasia. The thing is, you either have to be completely againts it or completely for it. Yes this case is very sad, and yes I agree a quick death would be better than one filled with suffering but if euthanasia is made available to one person, you have to open it up completely. You can argue that if it were to become law, then only those with terminal illnesses would get the option. Thats a very thin line to walk and it would be crossed eventually. You can dismiss it as "fear mongering" if you like but it would only be a matter of time before a young women with severe depression could walk in and end her life. No matter how many safe gaurds you put in place, I can honestly see it happening.
Okay, so I just saw a video of this woman. She is CLEARLY alive and conscious. She blinks, breathes on her own and everything. I don't mean to sound insesitive or stupid, but they should just ask her to blink twice for yes, and three times for no.
I agree with Taylor. I used to be pro euthanasia, but it could get really out of hand quickly, and although there is alot of suffering, having it illegal eliminates alot of suffering that could occur.
kermit wrote:I heard that she screeched in her hospital room after the tube was removed. But yeah, I'm all for euthanasia. I just kind of question the hudband's intentions because I've heard stuff about him. How he wants to marry someone new and stuff.
dude, it's been like 15 years. of course he's gonna wanna marry again. What i don't understand is why doesn't he divorce her if he wants to marry again?
this isn't a slippery slope guys, this question gets raised at least 100 times in the whole north america, and the answers get played out either one way or the other. why is this one more important than the other 99 today?
Whenever death may surprise us, let it be welcome if our battle cry has reached even one receptive ear and another hand reaches out to take up our arms.
Nobody's gonna miss me, no tears will fall, no ones gonna weap, when i hit that road. my boots are broken my brain is sore, fer keepin' up with thier little world, i got a heavy load. gonna leave 'em all just like before, i'm big city bound, your always 17 in your hometown
What i'm saying is, if the government makes euthanasia legal, for terminally ill patients, where will they draw the line? And then at what point will said line be challenged, by pro equality protesting, saying that if that person gets euthanised, why cant they as well? Its a very slippery slope, IMO, because the line drawn will always be challenged.
I dont disagree with euthanasia STRICTLY in terminally ill patients, because I cannot stand to see suffering. However i never will support it being legal, because its just too much of a risk.
wow I thought I had posted in this thread already... guess not...
I don't know what to make of the euthanasia debate because both sides put up a strong argument. I mean you can open it up and risk the chance of opening it to everyone or you cause thousands of people to live in pain and suffering... it's a tough choice and one I don't think a government can make. I think it should come down to the individual and not the governments decision. "I own my body, I can do what I want with it" would be the argument I'd make. It is unfortunate for the family and friends of the individual but that is besides the point.
What I don't agree with is how the US government seems to be politicizing the matter. It's weird that a person's death is benefitting some career politicians.
I can't wait until the day schools are over-funded and the military is forced to hold bake sales to buy planes.
"It's a great thing when you realize you still have the ability to surprise yourself. Makes you wonder what else you can do that you've forgotten about"
J-Neli wrote:wow I thought I had posted in this thread already... guess not...
I don't know what to make of the euthanasia debate because both sides put up a strong argument. I mean you can open it up and risk the chance of opening it to everyone or you cause thousands of people to live in pain and suffering... it's a tough choice and one I don't think a government can make. I think it should come down to the individual and not the governments decision. "I own my body, I can do what I want with it" would be the argument I'd make. It is unfortunate for the family and friends of the individual but that is besides the point.
What I don't agree with is how the US government seems to be politicizing the matter. It's weird that a person's death is benefitting some career politicians.
Lately, we've been agreeing on more and more...I'm scared.
I totally completely agree with your "individual" comment.
kermit wrote:Okay, so I just saw a video of this woman. She is CLEARLY alive and conscious. She blinks, breathes on her own and everything. I don't mean to sound insesitive or stupid, but they should just ask her to blink twice for yes, and three times for no.
from what ive heard, the fact she "smiles" or "blinks" isnt a cognitiive response to her surroundings and appears to be random
J-Neli wrote:wow I thought I had posted in this thread already... guess not...
I don't know what to make of the euthanasia debate because both sides put up a strong argument. I mean you can open it up and risk the chance of opening it to everyone or you cause thousands of people to live in pain and suffering... it's a tough choice and one I don't think a government can make. I think it should come down to the individual and not the governments decision. "I own my body, I can do what I want with it" would be the argument I'd make. It is unfortunate for the family and friends of the individual but that is besides the point.
What I don't agree with is how the US government seems to be politicizing the matter. It's weird that a person's death is benefitting some career politicians.
Lately, we've been agreeing on more and more...I'm scared. I totally completely agree with your "individual" comment.
why exactly does that scare you? it's not like I'm promoting Nazi-like ideals or anything.
I can't wait until the day schools are over-funded and the military is forced to hold bake sales to buy planes.
"It's a great thing when you realize you still have the ability to surprise yourself. Makes you wonder what else you can do that you've forgotten about"
Man, if I was ever like that.. I mean, 0 chance of recovery, not a contributing member to society, I wouldn't want to be alive. I wouldn't want to be taking time and money away from people who would actually have a chance of recovery.
If you can't do anything, if you can't think and process information.. then why? what's the point in staying like that as you grow old and die?
