Federal Appeals Court OKs Schiavo Review - Euthanasia/Right to Die

Federal Appeals Court OKs Schiavo Review

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Posted by: mystic

Federal Appeals Court OKs Schiavo Review

9 minutes ago Top Stories - AP



ATLANTA - A federal appeals court early Wednesday agreed to consider a petition for a new hearing on whether to reconnect Terri Schiavo's feeding tube.


The ruling by the 11th Circuit Court of Appeals came as the severely brain-damaged woman entered her 13th day without nourishment.


Schiavo's parents, Bob and Mary Schindler, have maintained that Schiavo would want to be kept alive and have asked the courts to intervene. Schiavo's husband, Michael, insists he is carrying out her wishes by having the feeding tube pulled.

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Posted by: fuscia

amazing. She stopped producing urine over a day ago. Her kidneys are shut down, so even if they put the dang tube back in she will need dialysis. What next? The Schindler's fight for a new kidney for Terri?

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Posted by: mystic

Court to Consider Schiavo Emergency Bid

By RON WORD, Associated Press Writer



quote:
Legal experts say the Schindlers shouldn't read too much into the court's latest decision.

"I would not read that to mean there is a likelihood relief will be granted," said Atlanta attorney Craig A. Gillen.

Another Atlanta attorney, Robert Schroeder, said the court is simply acting to make sure every argument has been aired.

"Basically the court is just saying that if you think we've made a mistake, we want to consider all legal arguments that might be out there," Schroeder said. "It is not saying there are more legal arguments out there."

Protesters keeping a 24-hour vigil outside the hospice praised the latest decision.

"There's a chance for a miracle," said Christine Marriott. "Anything positive is a breath of life."

Dr. Sean Morrison, a professor of palliative medicine at the Mount Sinai School of Medicine in New York, said it's hard to predict what would happen if the tube were reinserted because it's highly unusual to do that after life-prolonging treatments have been stopped.

He said that if her kidneys have already shut down, reinserting the tube might prolong her life by just hours or days. However, it could also hasten her death, Morrison said, because it would supply fluids to a body that can no longer get rid of them.

The resulting fluid buildup could essentially drown Schiavo, and she could die gasping and choking, he said.

Morrison said Schiavo would have no awareness of this because of her persistent vegetative state, but reinserting the tube might "transform a peaceful death into one that can be very distressing for families and friends to witness."


http://story.news.yahoo.com/news?tm...amaged_woman_41
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Posted by: fuscia

quote:
Dr. Sean Morrison, a professor of palliative medicine at the Mount Sinai School of Medicine in New York, said it's hard to predict what would happen if the tube were reinserted because it's highly unusual to do that after life-prolonging treatments have been stopped.

He said that if her kidneys have already shut down, reinserting the tube might prolong her life by just hours or days. However, it could also hasten her death, Morrison said, because it would supply fluids to a body that can no longer get rid of them.

The resulting fluid buildup could essentially drown Schiavo, and she could die gasping and choking, he said.



I have heard other doctors say this as well. Do her parents really want her to suffer like this? IF they reinsert the tube and it happens, I am positive that they will find some way to blame Michael and the doctors. They need to seriously look at what they are trying to do at this point.
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Posted by: mystic

Appeals Court Rejects Petition by Schiavo Parents

4 minutes ago Top Stories - Reuters



ATLANTA (Reuters) - A U.S. appeals court on Wednesday rejected a bid by the parents of brain-damaged Florida woman Terri Schiavo for a rehearing on a petition to reconnect their dying daughter's feeding tube.

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Posted by: mystic

Schiavo Appeal Rejected Again in Atlanta

21 minutes ago Top Stories - AP


By RON WORD, Associated Press Writer

quote:
PINELLAS PARK, Fla. - With time running out for Terri Schiavo, a federal appeals court Wednesday rejected her parents' latest attempt to get the brain-damaged woman's feeding tube reconnected.


The Atlanta-based 11th U.S. Circuit Court of Appeals agreed to consider an emergency bid by Bob and Mary Schindler for a new hearing in their case, raising a flicker of hope for the parents after a series of setbacks in the case. But the court rejected the bid 15 hours later — the fourth time since last week the court ruled against the Schindlers.


"Any further action by our court or the district court would be improper," wrote Judge Stanley F. Birch Jr., who was appointed by former President Bush. "While the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty."


Birch went on to scold President Bush and Congress for their attempts to intervene in the judicial process, by saying: "In resolving the Schiavo controversy, it is my judgment that, despite sincere and altruistic motivation, the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people — our Constitution."

The decision came as Schiavo approached her 13th day without food or water.


To be granted, the parents' request would have needed the support of seven of the court's 12 judges. The court did not disclose the vote breakdown.


Judges Gerald Tjoflat and Charles R. Wilson, the same two judges who issued a dissenting opinion last week when the full court considered the case for the first time, also issued a statement in Wednesday's ruling.


"The relevant question here is whether a rational factfinder could have found by clear and convincing evidence that Mrs. Schiavo would have wanted nutrition and hydration to be withdrawn under these circumstances. The plaintiffs carry a heavy burden, but I do not believe that this question can be determined in this expedited fashion without a hearing on the merits," wrote Tjoflat, who was appointed to the bench by Gerald Ford. Wilson was nominated by former President Clinton.
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Posted by: Phalaris

quote:


I have heard other doctors say this as well. Do her parents really want her to suffer like this? IF they reinsert the tube and it happens, I am positive that they will find some way to blame Michael and the doctors. They need to seriously look at what they are trying to do at this point.


At this point, I am not so sure they care. Over the last few days as this case has evolved and as I've read everything I can find online, the picture that has emerged is that of people who are so wrapped up in their own concerns that the central point - Terri and what's left of her life - are almost secondary. I never sympathized with them, since it was clear from the beginning that their distress is self-inflicted, based on inability or refusal to deal with the loss of their daughter in a healthy way, but at first I felt pity. Most feelings of pity have since faded. What kind of people would do this? At a certain point, if the word came out that they planned to keep her body cryopreserved after she finally dies in case someone claims to have discovered a cure for death sometime soon, I honestly would've just shrugged.
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