Schiavo update

Congress Passes and Bush Signs Legislation on Schiavo Case [NYT]

I'm on deadline, but I'll keep updating your Blogswarm submissions. Keep writing those letters to the media. Non-bloggers, post your letters to the editor in the comments thread.

If you want to include a comment to another blog that doesn't support linking to that specific comment, please copy and paste that comment into the comments thread here.

I hope to get my medical/PVS post up later on this afternoon.

Thank you.

Comments

[Rick Albertson]

Lindsay, I just wanted to let you and your readers know about the latest updates to our Terri Schiavo case coverage at the Democracy Cell Project (the parent source of the call-to-action Schiavo blogswarm story that you were kind enough to feature over the weekend, and that has since been picked up on by a number of other progressive blogs as well -- thanks!)

Our frequent blogger Tutterfly, who wrote the original post that first inspired the Schiavo blogswarm story on our site, has just posted a follow-up essay on the case that is very well worth the read. Please drop by the Democracy Cell Project blog and tell us what you think of her remarks: http://www.democracycellproject.net/blog/

[CaliforniaDrySherry]

I sent the following email to the list:

To Whom It May Concern:

Please report the TRUTH. Many of us do NOT support this effort by Tom DeLay to distract everyone from his ethical lapses by pandering to the Schindler family and the fundamentalist right wing.

Please report on the bill signed by then Governor Bush in Texas that allows hospitals to end life support for Persistent Vegetative State patients if there's no hope of recovery and THEY CAN'T PAY for care.

Please use this opportunity to encourage the 87% of us who would NOT choose to be kept alive were we in Terri Schiavo's place to FILL OUT LIVING WILL FORMS, so the hacks in the Republican congress will never need to get involved like this again.

Please, do your jobs the way those jobs SHOULD be done.

Thanks.

[CaliforniaDrySherry]

I sent the following email to the list:

To Whom It May Concern:

Please report the TRUTH. Many of us do NOT support this effort by Tom DeLay to distract everyone from his ethical lapses by pandering to the Schindler family and the fundamentalist right wing.

Please report on the bill signed by then Governor Bush in Texas that allows hospitals to end life support for Persistent Vegetative State patients if there's no hope of recovery and THEY CAN'T PAY for care.

Please use this opportunity to encourage the 87% of us who would NOT choose to be kept alive were we in Terri Schiavo's place to FILL OUT LIVING WILL FORMS, so the hacks in the Republican congress will never need to get involved like this again.

Please, do your jobs the way those jobs SHOULD be done.

Thanks.

[Ken Cope]

Nobody familiar with the facts in this case could call Terry Schiavo's persistent vegetative state a life, nor entertain serious questions or substantial doubts about the futility of hope for her improvement.

To pander for political gain is beyond cynicism. It would be far worse were this sincerity, for it means our leaders are dangerously misinformed on issues that will touch far too many American lives, at our most private and personal moments, and will act despite the best advice of experts intimately familiar with the facts.

The President and his party are overruling not only the studied consensus of medical science, the courts appointed to examine the evidence, but the wishes of Terry Schiavo, as expressed by her legal guardian.

All the President's horses and all the President's men won't be able to give Terry Schiavo a life again.

[Fred]

Based on a newly released ABC news poll, I'm beginning to change my mind about the outcome I'd like to see in the case of Terri Schiavo. The poll found that an overwhelming majority of Americans supported removal of the feeding tube, an overwhelming majority disapproved of the bill just passed by Congress, and an overwhelming majority stated that in the same situation, they would want to be allowed to die peacefully. Even more astounding, a majority of conservatives and a majority of evangelical Christians felt the same way. The views on this issue were not only expressed uniformly in one direction, but were strongly felt in most cases. People care a great deal about this issue, and strongly disapprove of what Congress has done.

Based on these findings, I now believe that it would be best if the tube is reinserted and Terri Schiavo is permitted to persist in her vegetative existence. My reasons are simple. This case is an attempt by a fanatical minority on the religious right to impose its political views on the American majority. As such, the case will affect the 2006 and 2008 elections and help determine the political clout of the religious right in the near future. THE OUTCOME OF THIS CASE WILL HAVE MUCH GREATER EMOTIONAL IMPACT ON THE LOSERS THAN THE WINNERS, AND TO A MUCH GREATER EXTENT WILL MOTIVATE THEM TO EXPRESS THEIR FEELINGS BY THE WAY THEY VOTE! If Terri Schiavo's body dies, the fanatics will be the ones energized. If her body lives, the fanatics will see some of their passions discharged, while those appalled at that outcome will remain emotionally charged. Given that the latter group is a majority, the consequence is likely to be a weakening in the power of the religious right.

Republicans like Delay and Frist are engaged in a cynical gamble on this issue. For them, the best outcome would be for Terri Schiavo to die, because they will gain credit with the fanatics for their attempts to save her, while not risking the backlash that would ensue if their attempts succeeded. The risk for them is that their attempts might succeed. My heart wishes that they will not, but my mind suspects it may be better if they do.

[Zappatero]

My letter:

Here is a list of principles Republicans revere yet are willing to abandon so cravenly to pander to their voters and bash the judiciary: states rights, sanctity of marriage, doctor patient relationship, judicial review, original intent - I'm sure there are others.

The lawmakers in congress have passed a law that is unconstitutional. The doctors in congress who have presumed to diagnose Terri via videotape have violated their Hippocratic oath. The Christians in congress are pretending to know better than God.

Finally, George W. Bush signed a law in Texas in 1999 that expressly gave hospitals the right to remove life support if the patient could not pay and there was no hope of revival, regardless of the patient's family's wishes. It is called the Texas Futile Care Law. Under this law, a baby was removed from life support against his mother's wishes in Texas just this week. A 68 year old man was given a temporary reprieve by the Texas courts just yesterday.

Sincerely,

[JohnS]

Excellent idea. I hope everyone writes in. Here's the letter I sent:

This is not a case of Congress stepping in to save a woman's life. The political grandstanding and the accompanying media circus over the Schiavo family's personal tragedy is a hellish new low in modern American life. I've seen the revolting Republican Schiavo talking points and I know that the Democrats are cynically providing the rope for the other side to hang themselves, knowing (hoping!) that the legislation just passed may be unconstitutional.

According to Attorney Andrew Cohen in an analysis for CBS news, the last-minute, emergency legislation that the president is about to sign is, "the most blatant and egregious power-grab by one branch over another in my lifetime." He further states that as a result of this legislation: "Anytime Congress doesn't like the result in a particular case, it could swoop in and call a "do-over..."

Congress should be ashamed. The president should be too, after he signs this bill. After all, as governor of Texas, he signed a law that gave hospitals the right to remove life support if the patient could not pay and there was no hope of revival, regardless of the patient's family's wishes.

When radical evangelical extremists say dance, America dances. Enough.

[JohnS]

Excellent idea. I hope everyone writes in. Here's the letter I sent:

This is not a case of Congress stepping in to save a woman's life. The political grandstanding and the accompanying media circus over the Schiavo family's personal tragedy is a hellish new low in modern American life. I've seen the revolting Republican Schiavo talking points and I know that the Democrats are cynically providing the rope for the other side to hang themselves, knowing (hoping!) that the legislation just passed may be unconstitutional.

According to Attorney Andrew Cohen in an analysis for CBS news, the last-minute, emergency legislation that the president is about to sign is, "the most blatant and egregious power-grab by one branch over another in my lifetime." He further states that as a result of this legislation: "Anytime Congress doesn't like the result in a particular case, it could swoop in and call a "do-over..."

Congress should be ashamed. The president should be too, after he signs this bill. After all, as governor of Texas, he signed a law that gave hospitals the right to remove life support if the patient could not pay and there was no hope of revival, regardless of the patient's family's wishes.

When radical evangelical extremists say dance, America dances. Enough.

[Dave]

Nearly 50 board-certified neurologists say that Terri's condition should be reevaluated, because her PVS diagnosis is questionable.

GAL Pearse recommended against removing her feeding tube.

GAP Wolfsen recommeded that more testing be done before removing her feeding tube.

But Judge Greer overruled them, and ordered her death by dehydration, without the more sophisticated tests, such as a PET scan, which Terri's family wants, and which could better determine the actual extent of her brain damage.

-Dave

[larkspur]

Dave. Dude. That National Review link lacks credibility. In no way does it induce me to believe your assertion about "nearly 50 board-certified neurologists".

The last thing that's happened here is a so-called "rush to judgment".

You have a right to your opinion - why try to support it with lies?

[Leslie]

Here's my letter-

I am disgusted with Congress and President Bush's involvement with the Terri Schiavo case. This all about political grandstanding rather than any genuine ethical concern for Mrs Schiavo's well being. It is an abuse of the separation of powers written into our constitution for Congress and the president to get involved in the case.

In the case of President Bush it is gross hypocrisy for him to proclaim his concern after signing the Texas Futile Care Law which gives hospitals the right to remove life support if the patient could not pay and there was no hope of revival, regardless of the patient's family's wishes.

I believe most Americans do not want national governmental intrusion into their own end of life decisions and are appalled at the amoral political chest beating going in with the Terri Schiavo case. I urge you to provide even handed coverage of this situation and not to pander to the right wing manipulation of a very sad story for their own political gain at the expense of one poor woman whose cerebral cortex is now largely non-existent.

Due process had insured that both sides have had many. many opportunities to present their point of view in court. While I agree that it is very sad that Terri Schiavo will never recover there is no acceptable reason for Congress and the president to get involved and if they had any decency whatsoever they would keep out of it.

[Dave]

Ken Cope wrote, "The President and his party are overruling ... the wishes of Terry Schiavo, as expressed by her legal guardian."

But Terri's guardian ad litem of six months, Dr. Pearse, concluded that Michael Schiavo's claim that Terri had expressed such a preference was not credible. Read it for yourself, here: http://www.hospicepatients.org/richard-pearse-jr-12-29-98-report-of-guardianadlitem-re-terri-schiavo.pdf

Terri's "legal guardian" is her estranged husband, whom (according to sworn testimony of multiple witnesses) she was preparing to divorce at the time of her injury. He had her beloved cats euthanized when he moved in with his girlfriend (who had a dog), and he now lives with a different girlfriend, with whom he has two children. Obviously he doesn't care a whit about what Terri would want.

Before the malpractice award, which Michael Schiavo will inherit if she dies, neither he nor anyone else ever claimed that she had ever expressed a desire to not live in a condition like she now finds herself. In fact, during the first couple of years after her injury, he told people that he had no idea what she would want. But after the award, which meant that he would receive hundreds of thousands of dollars upon her death, he suddenly "remembered" such conversations.

-Dave

[Dave]

Zappatero wrote, "The doctors in congress who have presumed to diagnose Terri via videotape have violated their Hippocratic oath."

Two points:

1) The reason that so few of the doctors who support Terri's family's position have examined her is that Michael Schiavo refuses to permit them to do so. As for the doctors in Congress, I think it is telling that they led the effort to save her. E.g., Dr./Sen. Frist's statement seems measured and reasonable, to me. What do you see in it that is not?

2) Do you know what the Hippocratic Oath actually says? I see nothing there that these doctors violated. Do you?

-Dave

[Dave]

larkspur, I have not lied. Did you actually read the article, before you wrote to me, "In no way does it induce me to believe your assertion about 'nearly 50 board-certified neurologists' ... You have a right to your opinion - why try to support it with lies?"

Here's an excerpt from the article:

In addition to the 15 neurologists’ affidavits Gibbs had in time to present in court, I have commitments from over 30 others who are willing to testify that Terri should have new and additional testing, and new examinations by unbiased neurologists. Almost 50 neurologists all say the same thing: Terri should be reevaluated, Terri should be reexamined, and there are grave doubts as to the accuracy of Terri’s diagnosis of PVS. All of these neurologists are board-certified; a number of them are fellows of the prestigious American Academy of Neurology; several are professors of neurology at major medical schools.

Now, how can you read that and then accuse me of lying when I wrote that, "Nearly 50 board-certified neurologists say that Terri's condition should be reevaluated, because her PVS diagnosis is questionable?" Just because you disagree with me that doesn't make me a liar.

-Dave

[Thad]

The reason that so few of the doctors who support Terri's family's position have examined her is that Michael Schiavo refuses to permit them to do so.

Bullshit, Dave.

Were the Schindlers' doctors given an opportunity to examine Terri?

Yes. As the Second District explained:

Through the assistance of Mrs. Schiavo's treating physician, Dr. Victor Gambone, the physicians obtained current medical information about Theresa Schiavo including high-quality brain scans. Each physician reviewed her medical records and personally conducted a neurological examination of Mrs. Schiavo. Lengthy videotapes of some of the medical examinations were created and introduced into evidence. Thus, the quality of the evidence presented to the guardianship court was very high, and each side had ample opportunity to present detailed medical evidence, all of which was subjected to thorough cross-examination. It is likely that no guardianship court has ever received as much high-quality medical evidence in such a proceeding.

-----

I see nothing there that these doctors violated. Do you?

Except for the prudent correction of an imminent danger, I will neither treat any patient nor carry out any research on any human being without the valid informed consent of the subject or the appropriate legal protector thereof, understanding that research must have as its purpose the furtherance of the health of that individual. Into whatever patient setting I enter, I will go for the benefit of the sick and will abstain from every voluntary act of mischief or corruption and further from the seduction of any patient.

[Ken Cope]

Dave,

There were plenty of assertions made by medical quacks to the effect that TS can recover, which were considered no more germane by any court than the baseless slanders you repeat.

Your conspiracy theory BS belongs in threads about the faked Apollo Moon landings and the face on Mars.

There is a legal process, a system, which supports Michael Schiavo's position, as it should support any legal, private decision made by a legal guardian. Congress and the President have no honorable role to play in this matter.

[Dave]

Thad wrote,

"[saying that] 'The reason that so few of the doctors who support Terri's family's position have examined her is that Michael Schiavo refuses to permit them to do so' [is] Bullshit, Dave."

If you read that document that you included the link to, you will see that only two doctors chosen by Terri's family were allowed to examine her. (Don't you agree that only two = "so few?")

Both spent considerably more time wiht Terri than did the doctors chosen by Michael Schiavo, and both concluded that she was not in PVS.

However, the so-called "high-quality brain scans" which were done were CAT scans only, rather than the more sophisticated MRI and PET scans that should have been done. Obviously, the lawyer who wrote that was not a physician. Here's what some prominent neurologists have said about that:

Terri’s diagnosis was arrived at without the benefit of testing that most neurologists would consider standard for diagnosing PVS. One such test is MRI (Magnetic Resonance Imaging). MRI is widely used today, even for ailments as simple as knee injuries — but Terri has never had one. Michael has repeatedly refused to consent to one. The neurologists I have spoken to have reacted with shock upon learning this fact. One such neurologist is Dr. Peter Morin. He is a researcher specializing in degenerative brain diseases, and has both an M.D. and a Ph.D. in biochemistry from Boston University.

In the course of my conversation with Dr. Morin, he made reference to the standard use of MRI and PET (Positron Emission Tomography) scans to diagnose the extent of brain injuries. He seemed to assume that these had been done for Terri. I stopped him and told him that these tests have never been done for her; that Michael had refused them.

There was a moment of dead silence.

“That’s criminal,” he said, and then asked, in a tone of utter incredulity: “How can he continue as guardian? People are deliberating over this woman’s life and death and there’s been no MRI or PET?” He drew a reasonable conclusion: “These people [Michael Schiavo, George Felos, and Judge Greer] don’t want the information.”

Dr. Morin explained that he would feel obligated to obtain the information in these tests before making a diagnosis with life and death consequences. I told him that CT (Computer-Aided Tomography) scans had been done, and were partly the basis for the finding of PVS. The doctor retorted, “Spare no expense, eh?” I asked him to explain the comment; he said that a CT scan is a much less expensive test than an MRI, but it “only gives you a tenth of the information an MRI does.” He added, “A CT scan is useful only in pretty severe cases, such as trauma, and also during the few days after an anoxic (lack of oxygen) brain injury. It’s useful in an emergency-room setting. But if the question is ischemic injury [brain damage caused by lack of blood/oxygen to part of the brain] you want an MRI and PET. For subsequent evaluation of brain injury, the CT is pretty useless unless there has been a massive stroke.”

Other neurologists have concurred with Dr. Morin’s opinion. Dr. Thomas Zabiega, who trained at the University of Chicago, said, “Any neurologist who is objective would say ‘Yes’” to the question, “Should Terri be given an MRI?”

 

Thad continued, by first quoting me, "I see nothing there that these doctors [who are members of Congress] violated. Do you?" and then Thad quoted from the Oath:

"Except for the prudent correction of an imminent danger, I will neither treat any patient nor carry out any research on any human being without the valid informed consent of the subject or the appropriate legal protector thereof, understanding that research must have as its purpose the furtherance of the health of that individual. Into whatever patient setting I enter, I will go for the benefit of the sick and will abstain from every voluntary act of mischief or corruption and further from the seduction of any patient."

Thad, you are going to have to be more specific. Are you suggesting that Drs. Frist, Weldon, et al have "treated" Terri? Or that they have "carried out research" on her? Or what?

I think you know that they have not. I also think you know that Terri is in imminent danger, and that the Congress's action was "for the prudent correction of an imminent danger."

-Dave

[Dave]

Ken Cope wrote, Dave, There were plenty of assertions made by medical quacks to the effect that TS can recover... (followed by a series of insults)

Ken, I know of nobody who has claimed that Terri can "recover." However, numerous highly credentialed physicians and therapists have said that it is their professional opinion that she could "improve" or "benefit" from therapy.

-Dave

[Thad]

(Don't you agree that only two = "so few?")

No. There is absolutely no reason to allow an endless parade of quacks through Terri's room. The Schindlers have had any number of chances to make their case in a court of law, and every single time they have failed to do so.

However, the so-called "high-quality brain scans" which were done were CAT scans only, rather than the more sophisticated MRI and PET scans that should have been done.

The CAT scan revealed that most of her cerebral cortex is gone. There is no point in doing MRI or PET scans when that level of physical damage has already taken place. That's like getting your arm chopped off in an accident, then asking for an X-Ray to confirm that the arm is gone.

Ken, I know of nobody who has claimed that Terri can "recover."

"She talks and she laughs and she expresses likes and discomforts," [DeLay] said Sunday evening. "It won't take a miracle to help Terri Schiavo. It will only take the medical care and therapy that patients require."

[Dave]

Thad wrote, "The CAT scan revealed that most of her cerebral cortex is gone. There is no point in doing MRI or PET scans when that level of physical damage has already taken place.

Thad, are you a neurologist? Do you have an M.D. plus a Ph.D. in biochemistry, like Dr. Morin?

Dozens of neurologists reject the Felos/Cranford claim that Terri's cerebral cortex is missing or replaced by liquid. They don't believe it, because it is inconsistent with the other evidence, and because the people who want you to believe it refuse to allow the tests that could confirm or refute it.

-Dave

[Barbar]

They don't believe it, because it is inconsistent with the other evidence

What other evidence? Oh yeah, four carefully edited minutes from a six-hour tape.

[Alon Levy]

Name five, and give references to corroborate that, or point at a place that does.

By the way, PZ Myers isn't an M.D., but he's a Ph.D. in neurobiology.

[Thad]

Dozens of neurologists reject the Felos/Cranford claim that Terri's cerebral cortex is missing or replaced by liquid.

Those people are quacks, Dave. But be honest, now -- no amount of medical evidence would be sufficient to convince you that Terri's brain is effectively gone. If the PET scan showed the obvious, you'd demand an MRI. If the MRI showed the obvious, you'd demand an fMRI. If that showed the obvious, you'd want "psychic surgeons" and "therapeutic touch" practitioners. Why do you pretend otherwise?

[David in NY]

Yes, Dave, let's hear from "dozens" of neurobiologists who say that Ms. Sciavo's cerebral cortex is not missing, based on her CAT scan. Name them.

And, if you can, name a single one who is not being paid to say that by a right wing foundation run by Scaife and Coors, or some other such entity, and is thus truly disinterested. These right-wing foundations funded by elite multi-millionaires have spent hundreds of thousands of dollars on this litigation, including the payment of experts. That kind of money can buy all sorts of opinions, the very kind of "junk science" that George Bush claims those bad "trial lawyers" use.

You have to stop being so credulous about the junk science here.

[phil]

I THINK THE US GOVERMENT HAS GONE TO FAR. WE HAVE BECOME A COUNTRY THAT IS NOT FREE ANYMORE. TERRY SHOULD LIVE NOW AND THE GUY THAT RAPPED A 9 YEAR GIRL SHOULD BE STARVED TO DEATH NOT TERRY.
WHAT THE HELL IS GOING WRONG THIS COUNTRY??????
TERRY IS SCREEMING FOR HELP. IF SEE DIES AND THE SICK OH'S IN JAIL LIVE SOMETHING IS WRONG!!!!!
THIS GOVERMENT IS GOING TO HELL!!!!