[Dialogue] Schiavo Implications

[jim rippey]

NOTE: I have saved and analyzed some 32 pages of what I thought were the most pertinent news stories, editorials and op-ed pieces about the Terri Schiavo case. Following is a summary of what I believe are many of the most salient points in this tragedy. 

--Jim Rippey 3-26-05

Schiavo Implications

The tragic implications of the Terri Schiavo controversy go far beyond the anguish that her husband, her parents, and all those who want her kept alive are suffering. The tragedy includes and reaches beyond the doctors and judges who have struggled to make the right decisions.

One of the greatest tragedies is that of Sun Hudson, a six-month old baby who died in his mother's arms March 15 at Texas Children's Hospital in Houston. He died because the breathing tube keeping him alive was removed by court order, despite his mother's protests. The authorizing law was signed by then Gov. George W. Bush in 1999. It enables doctors/hospitals to discontinue life support they consider futile. Critics believe it is most apt to be requested when no one can pay for the expensive care. One of the experts called in the Schiavo case said it costs more than $100,000 per year to support such a patient. Schiavo's costs are being paid with money from a malpractice settlement.

Another tragedy revolves around the recent Congressional vote to slash $15 billion from Medicaid financing. Republican House Majority leader Tom DeLay has been an ardent leader of the Congressional effort to get Terri Schiavo's feeding tube reinstalled. Yet he voted for the huge reduction in Medicaid funding. And that will mean substantially less funding for poor patients in nursing homes, some who are kept alive by feeding tubes. Ironically, Gov. Jeb Bush of Florida also has tried desperately to get Schiavo's feeding tube restored. And he also is on record proposing cuts in Medicaid.

It's tragic when our leaders bear false witness. Tom DeLay and others have proclaimed that the Schiavo case is proof the country needs to get rid of "activist judges." DeLay belittles the Schiavo decisions as the activist doings of a "little judge sitting in a state district court in Florida." But the classic definition of "activist judges" describes those who interpret the law to suit their own biases. In this case, the state judges have gone strictly by the literal meaning of the Florida law which specifies who has authority to make end of life decisions.

Speaking to a conservative group, DeLay said the Schiavo struggle will "help elevate the visibility of what's going on in America.." He defined that as "attacks against the conservative movement, against me and against many others."

In contrast, David Davenport of the Hoover Institute, a conservative research organization, has said: "When a case like this has been heard by 19 judges in six courts and it's been appealed to the Supreme Court three times, the process has worked - even if it hasn't given the result that the social conservatives want. For Congress to step in really is a violation of federalism." A recent CBS poll indicates a majority of Americans agree. It found that 82% of those questioned oppose reinstalling the feeding tube and 74% said the effort was all about politics. 

Might be. ABC News obtained and quoted from copy of an anonymous memo sent to Republican senators. It says, in part, that "the pro-life base will be excited" by the debate, which is a "great political issue" and a "tough one for Democrats". 

Another tragedy is that some of those who are so determined that Terri Schiavo should be kept alive are threatening to kill judges involved. The threats are taken seriously enough that constant police protection is being provided. It's fair to ask just who is "erring on the side of life."

Still another tragedy is the divisiveness that has been aggravated. "My party is demonstrating that they are for states' rights unless they don't like what states are doing," said Representative Christopher Shays of Connecticut, one of five House Republicans who voted against the bill. "This couldn't be a more classic case of a state responsibility." He was quoted in the New York Times. "This Republican Party of Lincoln has become a party of theocracy," Mr. Shays said. "There are going to be repercussions from this vote. There are a number of people who feel that the government is getting involved in their personal lives in a way that scares them." 

It is scary when even Gov. Jeb Bush is being attacked. Some conservative activists are disappointed he hasn't done more. They demand that he have state authorities seize custody of Terri Schiavo and reinsert the tube. 

Finally, those who are so quick to criticize the Florida judges either haven't paid attention to Dr. Jay Wolfson's report, or they simply dismiss anything they don't agree with. He answered questions in an on-line discussion set up by the Washington Post on March 23.

Dr. Wolfson is professor of Public Health and Medicine at the University of South Florida and professor of Health Law at Stetson University College of Law. Last October, the Florida Legislature passed a special law authorizing him to spend a month reviewing and the previous14 years of legal and medical evidence and activities. Last December he reported his conclusions to Gov. Jeb Bush and the Florida 6th Judicial Circuit. 

In the Post's on-line discussion, he said he spent close to 30 days visiting with Terri each day -- for as long as 4 hours each day, including visits with her parents and her husband. "In the time spent with her I was not able to observe or experience a consistent response. I talked to her, cajoled her, played music -- but there were random reflective actions -- no responses, though I sure wished that I could have found otherwise." 

Dr. Wolfson noted that Michael Schiavo had "cared aggressively and positively for Terri for many years. Perhaps after the (malpractice) judgement, he came to accept what the physicians had been telling the family for years -- that she was not going to recover. It may be coincidental, but perhaps the end of the court case provided a natural basis for closure --- and Michael reluctantly decided to move on with his life -- and allow Terri to move into the next stage of hers. This is based on the documents I read and the extensive discussions I had with Michael and the Schindlers." 


In another instance, he said: "The Schindlers are wonderful people. They are the kind of people I grew up with. I played in their home, with their children, ate at their dinner tables. They are warm, caring, loving good people. Michael is not warm and fuzzy, but I believe that he is honestly seeking to put in place the intentions of the woman he loved. And as her husband, he was more intimate with her than anybody on earth." 

Concluding the online session, Dr. Wolfson said: "I sincerely hope that this has provided a modest opportunity to shed some light on this most heart wrenching case. The best we can do is rely on good law, good science and good medicine - and do it honestly. The courts have done their jobs, and the rules of law and science have been applied as well as possible. There is no good or easy answer to this -- only the hope that the result will be in the best interests of Terri Schiavo. But there is no way to overcome the grief and dashed hopes of loving parents. But this is not about the parents, the family, the legislature, the governor, the congress or the president. It is only about Terri."

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I can furnish sources for what I've quoted above. A fair amount of it resulted from Google searches. --Jim Rippey