The Fight for Terri

The Fight For Terri

A major ethical conflict in our society today is the issue of right to die cases. One case in particular has sparked much controversy all the way to the White House. The case of Terri Schiavo has many individuals from all different backgrounds and beliefs at odds with one another especially, Terri's parents Bob and Mary Schindler and Terri's husband Michael Schiavo. For the last seven years Terri Schaivo has been in the middle of an ongoing battle between her parents and husband. It seems it will never end but just recently the White House and Congress got involved and now Terri's fate lies within the federal court.

Before February 25, 1990 Terri Schaivo was an active, beautiful, out-going twenty-six year old with her whole life a head of her. She lived with her husband of five years Michael and they had their whole future in front of them. They were a young couple and had so many plans together for their bright future with one another. The life of Terri Schiavo and her family was about to change forever and not for the better. On February 25, 1990 Terri was at home when she collapsed due to a heart attack. Her heart attack was caused from a possible potassium imbalance, which is usually brought on by an eating disorder. Her brain was deprived of oxygen for more than ten minutes before she was revived. She has been left brain damaged and in a persistent vegetative state. Though she can breathe on her own she still needs a feeding and hydration tube to keep her alive. The part of her brain most affected is the cerebral cortex. This part of the brain controls personality, thought processes and voluntary actions. (www.ktvx.com 3.25.05) 2005)

"In a vegetative state, you don't have the ability to sense anything," said Gary Holland, of the Hospice of Utah. "You could saw off their finger and there is no sense at that level."(www.ktvx.com 3.25.05)

Despite Terri's condition her parents and her husband hoped she would improve, after seven years of intense medical treatment, Michael Schiavo became convinced his wife would never recover. However, Terri's family disagreed, and to this day they still believe she can get better. (www.ktvx.com 3.25.05)

This is where this debate gets very heated, her parents want her to live and her husband has stated numerous times that Terri would not want to live by artificial means. Terri did not leave a living will so there is no actual proof of what she really wanted. This is why the case is so complex; no one knows what she wanted but those who love her have two different ideas on what is in Terri's best interest. Just this past week the case got even more complicated and heated than ever before.

The heart of this case lies with Michael Schiavo wanting his wife's feeding tube removed so she can die and have her wish come to light. He states on more than one occasion Terri told him she did not want to live artificially if something were to ever happen to her. Her parents do not see it this way and truly believe she will get better with more physical therapy and with new technology. They have a glimmer of hope that Terri will come back to them the way she once was.

On March 18, 2005 Terri's feeding and hydration tube was removed and her right to die is being debated more than ever. Her parents have pleaded with federal court judges and now the White House to intervene in this case. In Florida, U.S. district Judge Whittemore ruled against the Schindler's and sided with Michael Schiavo. The Schindler's then went to the 11th Circuit in Atlanta to review Whittemore's ruling. The Atlanta court refused to overturn the previous ruling. (www.tv.ksl.com 3.25.05)

Now the Schindler's hope either their local governor or congress will step in and do something to save their daughter's life, but neither have intervened as of yet. Gov. Jeb Bush has orders his legal team to scour state laws for a way to reconnect her feeding tube. The governor made a request to let the state take Terri into protective custody, but a Pinellas Circuit Judge denied this. Gov. Jeb Bush said his powers "are not as expansive as people would want them to be... I cannot go beyond what my powers are and I am not going to do it." (www.tv.ksl.com 3.25.05)

This is not the first time her feeding tube was removed. Back in 2003 it was removed for six days and five hours. It was also removed for two days back in 2001, but it was ordered by a judge to be reattached in light of a new lawsuit filed by the Schindler's.

In November 2002 a judge again ordered that Terri's feeding tube be removed, the Schindlers appealed again. By September 2003 the Schindlers appeals were running out and they asked a federal court to intervene. Gov. Jeb Bush files a brief in the case supporting the Schindler's. A month later the federal court judge says he has no jurisdiction in the Florida case. The feeding tube is removed on Oct 15, 2003. On Oct 21, 2003 Jeb Bush successfully pushes for an emergency act of State Legislature to restore the feeding tube. The law becomes known as "Terri's Law". A lawsuit challenging its constitutionality is immediately filed. By September 2004 the Florida Supreme Court strikes down Terri's Law. The following year the U.S. Supreme Court refuses to hear arguments for Terri's Law. Finally, by February 23, 2005 a hearing is scheduled: the Schindler's ask for more time to file appeals. The appeals would address whether new therapies will help their daughter and whether their daughter's religious beliefs prohibit withholding nutrition. (www.tbo.com 10.21.03)

Both parties have been at odds for so long. Terri's right to die case is the longest fought in U.S. history. The courts have sided with Michael Schiavo repeatedly but those victories have been interrupted by disputes and reversed by court action in the Florida Legislature and Congress. Neither Terri's parents or her husband are going to give up in what they truly believe is best for her.

Both parties have accused each other for being motivated by greed. Michael Schiavo was awarded $1 million dollars after he sued the doctor who treated Terri for malpractice after he failed to diagnose the chemical balance, which caused her heart attack. Most of the money has gone to medical bills and court. (www.sunherald.com 3.20.05) Each party blamed the other one for not caring and not doing the right thing when it comes to Terri. The truth of the matter it is only hurting Terri and the blaming of one another is not helping the case in the slightest.

In a letter from 2003 Michael Schaivo states, " The reality is that Terri left us 13 years ago, and none of us can bring her back." (www.tbo.com