Terri Schiavo has died.
She passed away at 9:03 AM EST.
May she rest in peace.
133 Comments.
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95. John,
Thank you for lecturing and preaching. Are you suggesting that anyone who supported a legal and constitutional conclusion re: Terri Schiavo is crass enough to look upon humans as “beans?” If so, shame on you.
Many folks, especially those in Florida who have been following Schiavo for years, relate that this was all about money (i.e., the Schindler’s desire to get all monies awarded to the Schiavo’s from their malpractice suit). My source is a good friend who lives in Florida and has been following this and reading the news/editorials for years – not just recently when it became a political cause celebre. The $700,000 awarded for Terri’s medical care was virtually all used to provide such care or to assure the legal and constitutional application of her wishes. The $300,000 awarded to Micahel for loss of consortuium was his – period – not anyone elses.
As to “Michael’s bigamy”, the same Florida source advised that he was encouraged to get on with his life by the Schindlers after several years. I also heard referece to this in news shows two weeks ago. Michael still cared for and tended to his duties related to Terri.
Don’t lecture me on the Holocaust. I’m well aware of the history.
The law passed by Congress was intended for one person only regardless of arguments to the contrary. They stuck their noses into a State issue, and were handed those noses by an overwhelming majority of Americans on both sides of the aisle. Backtracking now won’t undue the egregious misjudgments, or the cry to help Terri as articulated in the Republican written “talking points memo.” The courts properly applied the law and Constitution.
99- I know exactly what it is, but the bill that Congress passed was for Terry, not for the rest of us. You can spin it all you want, but the fact of the matter is that this is the way it is.
You said-”Many folks, especially those in Florida who have been following Schiavo for years, relate that this was all about money (i.e., the Schindler’s desire to get all monies awarded to the Schiavo’s from their malpractice suit).” -funny because the trouble didn’t start until Mr Schindler didn’t get a cut of it.
You said-”This isn’t even a case where we know what her wishes were.” According to the law, her wishes were carried out.
100-”Her lying cheating husband said this is what she wanted after getting money for her lifelong care.”- $700,000 is enough for life long care? Her bill was at $60,000/month as of last month.
102. peejz, your middle paragraph was in my post, not John’s. That was my point: the trouble started when Schindler didn’t get any. All of a sudden, Micahel was a “heel”, etc.
104-:oops: I got carried away I guess! I agree with your points except I am in favor of the death penalty.
Hi Ellis,
The term “Bean Counter” is used to refer to accountant types that only look at the economics of the situation with no other considerations, hence the “Human-Bean”pun. I was not saying that you personally look upon Terri in this light. I am also not saying that someone in favor of a constitutional outcome is looking at this case this way. But, there are those in society past & present that do, hence the Holocaust information, as well as the information on Abortion & Euthanasia. I was not trying to lecture you or insult your intelligence with this information; I was using it as supporting information to make my point, that we should be concerned about life, so that the Holocaust does not happen again, and that we can end the current tragedies of Abortion & Euthanasia.
Second, yes the law that was passes was for a single person, to transfer the jurisdiction of the case from state to federal court, but the bill I referred to in post 99 was not for a single person. So when you say change the law, I was making the point that some in congress are trying to, and I would support that, because without a more concise law, we are then left to the discretion of a particular judge, in this case Judge Greer.
Third the constitution has changed many times over the years; I believe we are up to 27 amendments now. As the nation is faced with new issues or violations of the original intent of the framers, amendments are needed to insure our life and liberties. Yes the case may have gone to the letter of the law, but not the spirit.
Fourth the monies awarded to Michael for her on going health care (i.e. $700K) should have been used for that and should not have been diverted towards legal fees, that was not the intent of the award.
I do not care if the Schindlers encouraged Michael to get on with his life, that sill does not make it right. His marriage still stood, at least until 9:03AM on 3/31/05. I do not know what vows he used in his marriage ceremony, but if they were the traditional ones, they would have said something like “Do you take this woman to be your wife – for richer and for poorer, for better and for worse? In sickness and in health? For as long as you both shall live?” I am not saying that I do not have sympathy for Michael and the situation he was in, he very easily could have become emotionally and physically exhausted by the caring for his wife’s needs and even embittered. But again that still does not make the way she died right; letter of the law or not.
I am just using my constitutionally supported right to free speech, to give my opinion, and to encourage thought provoking discussion.
Sincerely, and no offence or lecturing intended,
John
“Fourth the monies awarded to Michael for her on going health care (i.e. $700K) should have been used for that and should not have been diverted towards legal fees, that was not the intent of the award.”- The courts allowed this. They considered it a spend down of funds in order to get Terry on Medicare/medicaid. People are allowed to do this all the time.
107, yes the courts allowed him to do it, but it was not the original intent of the award.
John
108-The courts allowed it so that she could continue to get the care she needed. Had the Schindlers not sued, it would not have been used that way. But Michael had the right to use it.
Hi again Ellis on post 101,
You say that the case was all about money, I think it would be reasonable to say it was a disagreement over how the money was to be spent on Terri’s care. From what I understand she only had one stay at a rehabilitation center from Jan 1991 to July 1991, and showed improvement after which she was moved to a nursing home. It was recommended that she be moved to another facility to continue her rehab but Michael refused in 1993, after the malpractice award in Nov 1992. Hence the disagreement starts. Also from what I have read and understand, the Schindlers would have taken care of their daughter whether the malpractice award would have followed her or not, but the award would have made it a lot easier for them to care for her. Reasonable minds can disagree, but why would they keep fighting for her once the money was gone if that is all they were after?
Sincerely,
John
Timeline
December 3, 1963
Theresa (Terri) Marie Schiavo, nee Schindler, is born.
Novermber 1984
Terri and Michael Schiavo are married.
February 25, 1990
Terri Schiavo suffers cardiac arrest, apparently caused by a potassium imbalance and leading to brain damage due to lack of oxygen. She was taken to the Humana Northside Hospital and was later given a percutaneous endoscopic gastrostomy (PEG) to provide nutrition and hydration.
Police report
May 12, 1990
Terri Schiavo is discharged from the hospital and taken to the College Park skilled care and rehabilitation facility.
June 18, 1990
Court appoints Michael Schiavo as guardian; Terri Schiavo’s parents do not object.
June 30, 1990
Terri Schiavo is transferred to Bayfront Hospital for further rehabilitation efforts.
September 1990
Terri Schiavo’s family brings her home, but three weeks later they return her to the College Park facility because the family is “overwhelmed by Terri’s care needs.â€
November 1990
Michael Schiavo takes Terri Schiavo to California for experimental “brain stimulator”treatment, an experimental “thalamic stimulator implant”in her brain.
January 1991
The Schiavos return to Florida; Terri Schiavo is moved to the Mediplex Rehabilitation Center in Brandon where she receives 24-hour care.
July 19, 1991
Terri Schiavo is transferred to Sable Palms skilled care facility where she receives continuing neurological testing, and regular and aggressive speech/occupational therapy through 1994.
May 1992
Terri Schiavo’s parents, Robert and Mary Schindler, and Michael Schiavo stop living together.
August 1992
Terri Schiavo is awarded $250,000 in an out-of-court medical malpractice settlement with one of her physicians.
November 1992
The jury in the medical malpractice trial against another of Terri’s physicians awards more than one million dollars. In the end, after attorneys’ fees and other expenses, Michael Schiavo received about $300,000 and about $750,000 was put in a trust fund specifically for Terri Schiavo’s medical care.
February 14, 1993
Michael Schiavo and the Schindlers have a falling-out over the course of therapy for Terri Schiavo; Michael Schiavo claims that the Schindlers demand that he share the malpractice money with them.
July 29, 1993
Schindlers attempt to remove Michael Schiavo as Terri Schiavo’s guardian; the court later dismisses the suit.
March 1, 1994
First guardian ad litem, John H. Pecarek, submits his report. He states that Michael Schiavo has acted appropriately and attentively toward Terri Schiavo.
May 1998
Michael Schiavo petitions the court to authorize the removal of Terri Schiavo’s PEG tube; the Schindlers oppose, saying that Terri would want to remain alive. The court appoints Richard Pearse, Esq., to serve as the second guardian ad litem for Terri Schiavo.
December 20, 1998
The second guardian ad litem, Richard Pearse, Esq., issues his report in which he concluding that Terri Schiavo is in a persistent vegetative state with no chance of improvement and that Michael Schiavo’s decision-making may be influenced by the potential to inherit the remainder of Terri Schiavo’s estate.
Pearse GAL Report
January 24, 2000
The trial begins; Pinellas-Pasco County Circuit Court Judge George Greer presides.
Testimony of Father Gerard Murphy
February 11, 2000
Judge Greer rules that Terri Schiavo would have chosen to have the PEG tube removed, and therefore he orders it removed, which, according to doctors, will cause her death in approximately 7 to 14 days.
Trial Court Ruling
March 2, 2000
The Schindlers file a petition with Judge Greer to allow “swallowing”tests to be performed on Terri Schiavo to determine if she can consume”or learn to consume”nutrients on her own.
March 7, 2000
Judge Greer denies the Schindlers’ petition to perform “swallowing”tests on Terri Schiavo.
March 24, 2000
Judge Greer grants Michael Schiavo’s petition to limit visitation to Terri Schiavo as well as to bar pictures. Judge Greer also stays his order until 30 days beyond the final exhaustion of all appeals by the Schindlers.
Greer Stay and Order Limiting Visitation
January 24, 2001
Florida’s Second District Court of Appeal (2nd DCA) upholds Judge Greer’s ruling that permits the removal of Terri Schiavo’s PEG tube.
In re Schiavo, 780 So. 2d 176 (2nd DCA 2001), rehearing denied (Feb. 22, 2001), review denied, 789 So. 2d 348 (Fla. 2001). (Case No.: SC01-559)
DCA Ruling
February 22, 2001
The Schindler family’s motion for an Appellate Court rehearing is denied.
March 12, 2001
Michael Schiavo petitions Judge Greer to lift his stay, issued March 24, 2000, in order to permit the removal of Terri Shiavo’s PEG tube.
March 29, 2001
Judge Greer denies Michael Schiavo’s motion to lift stay issued on March 24, 2000; Michael Schiavo can remove Terri’s PEG tube at 1 p.m. on April 20.
Greer Order
April 10, 2001
The 2nd DCA denies the Schindlers’ motion to extend Judge Greer’s stay, which is scheduled to expire April 20, 2001.
4-10-01 DCA Order
April 12, 2001
The Schindlers file a motion requesting that Judge Greer recuse himself.
April 12, 2001
The Schindlers petition the Florida Supreme Court to stay the removal of Terri Schiavo’s PEG tube.
4-12-01 Motion for Stay Part 1
4-12-01 Motion for Stay Part 2
4-12-01 Court’s Request for Response from Schiavo
April 16, 2001
Judge Greer denies the Schindlers’ motion to recuse himself.
April 18, 2001
The Florida Supreme Court chooses not to review the decision of the 2nd DCA.
In re Schiavo, 789 So. 2d 248 (Fla. 2001). Case No.: SC01-559
3-22-01 Schindler family’s Notice to Appeal to Supreme Court
3-30-01 Schindlers’ Jurisdictional Brief Part 1
3-30-01 Schindlers’ Jurisdictional Brief Part 2
4-18-01 Order Denying Rehearing and Motion for Stay
April 20, 2001
Federal District Court Judge Richard Lazzara grants the Schindlers a stay until April 23, 2001, to exhaust all their possible appeals.
April 23, 2001
Justice Anthony M. Kennedy of the United States Supreme Court refuses to stay the case for a review by that Court.
April 24, 2001
By order of trial court Judge Greer, and upon issuance of a 2nd DCA mandate, Terri Schiavo’s PEG tube is removed
April 26, 2001
The Schindlers file an emergency motion with Judge Greer for relief from judgment based upon new evidence, which includes a claim that a former girlfriend of Michael Schiavo will testify that he lied about Terri Schiavo’s wishes; Judge Greer dismisses the motion as untimely. Also on this date, the Schindlers file a new civil suit that claims that Michael Schiavo perjured himself when he testified that Terri Schiavo had stated an aversion to remaining on life support. Pending this new civil trial, Circuit Court Judge Frank Quesada orders Terri Schiavo’s PEG tube to be reinserted.
April 30, 2001
Michael Schiavo files an emergency motion with the 2nd DCA to allow the removal of Terri Schiavo’s PEG tube.
May 9, 2001
The 2nd DCA announces a date for the hearing of oral arguments regarding Michael Schiavo’s motion of April 30, 2001.
June 25, 2001
Arguments in 2nd DCA regarding Michael Schiavo’s motion of April 30, 2001.
July 11, 2001
The 2nd DCA remands the case back to Judge Greer. (1) The 2nd DCA informs the Schindlers that they must address both their desire to have new evidence heard and their perjury claim against Michael Schiavo within the original guardianship proceeding; further, the Schindlers are instructed to file a new motion for relief from judgment in the guardianship proceeding. (2) The 2nd DCA instructs Judge Greer to weigh the Schinders’ new evidence in making a new determination of what Terri Schiavo would have wanted. (3) The 2nd DCA denies Michael Schiavo’s request to discontinue the PEG tube.
In re Schiavo, 792 So. 2d 551 (2nd DCA 2001).
7-11-01 DCA Order
August 7, 2001
After the 2nd DCA remands the case back to Judge Greer, he again finds that Michael Schiavo may remove Terri Schiavo’s PEG tube on August 28.
August 10, 2001
Judge Greer denies the Schindlers’ motion (1) to have their own doctors examine Terri Schiavo, (2) to remove Michael Schiavo as her guardian, and (3) to disqualify himself from the proceedings.
August 17, 2001
Judge Greer delays the removal of Terri Schiavo’s PEG tube until October 9 in order to allow the Schindlers time to appeal.
October 3, 2001
The 2nd DCA delays the removal of the PEG tube indefinitely.
October 17, 2001
The 2nd DCA rules that 5 doctors should examine Terri Schiavo to determine if she can improve with new medical treatment. The Schindlers and Michael Schiavo are to choose 2 doctors each, and the court is to appoint a doctor. The appeals court also affirms Greer’s denial of the motion to disqualify himself.
In re Schiavo, 800 So. 2d 640 (2nd DCA 2001).
10-17-01 DCA ruling
November 1, 2001
The 2nd DCA denies Michael Schiavo’s motion to rehear the case.
December 14, 2001
Michael Schiavo petitions the Florida Supreme Court to stay the October 17, 2001 ruling of the 2nd DCA. He states that he and the Schindlers will attempt to mediate the dispute in lieu of further litigation.
12-05-01 Michael Schiavo’s Notice of Appeal to the Florida Supreme Court
12-14-01 Michael Schiavo’s Motion to Stay DCA’s Ruling.
December 19, 2001
Attorneys meet with a mediator to determine which tests doctors should run on Terri Schiavo.
January 10, 2002
State Supreme Court stays all legal proceedings pending mediation; it orders attorneys to report on the status of mediation in sixty days.
1-10-02 SC Order of Stay
February 13, 2002
Mediation between the Schindlers and Michael Schiavo fails.
2-13-02 Notice that Mediation failed
March 14, 2002
The Florida Supreme Court denies Michael Schiavo’s petition to review the 2nd DCA’s ruling allowing 5 doctors to examine Terri Schiavo.
In re Schiavo, 816 So. 2d 127 (Fla. 2002) (Table, No. SC01-2678)
2-13-02 Michael Schiavo’s Jurisdictional Petition
2-13-02 Michael Schiavo’s Petition to Stay ruling of 2nd DCA (10/17/01).
2-22-02 Court’s Order of Stay pending its final decision
3-01-02 Schindler’s Jurisdictional Brief
3-13-01 Michael Schiavo’s Motion to Strike
3-14-01 Order Denying Schiavo’s Petition
3-14-01 Order to Strike
October 12-22, 2002
The trial court holds a new hearing on new potential medical treatments.
November 15, 2002
The Schindlers contend that Michael Schiavo might have abused Terri Schiavo and this abuse led to her condition. They ask the court for more time to collect evidence, and to remove Michael Schiavo as guardian.
11-15-02 Petition to remove MS as guardian
November 22, 2002
Judge Greer rules that Terri Schiavo’s PEG tube should be removed January 3, 2003.
In re Schiavo, 2002 WL 31817960 (Fla. Cir. Ct. Nov. 22, 2002) (No. 90-2908-GB-003)
Nov22 2002 TC trialctorder11-02.txt
December 13, 2002
Judge Greer stays his November 22 ruling: Terri Schiavo should not have her PEG tube removed until an appeals court can rule on the case.
December 23, 2002
The 2nd DCA denies a motion Michael Schiavo filed seeking permission to remove the PEG tube.
June 6, 2003
The 2nd DCA, affirming Judge Greer’s November 2002 ruling, concludes that Michael Schiavo can remove Terri Schiavo’s PEG tube on October 15.
In re Schiavo, 851 So. 2d 182 (2nd DCA 2003) (No. 2D02-5394), rehearing denied (July 9, 2003), review denied 855 So. 2d 621 (Fla. 2003).
6-06-03 Court Opinion
July 9, 2003
The 2nd DCA refuses to reconsider its decision.
August 22, 2003
The Florida Supreme Court declines to review the decision.
Schindler v. Schiavo, 855 So. 2d 621 (Fla. 2003) (Table, No. SC03-1242)
7-24-03 Notice of Schindlers’ Appeal
7-31-03 Michael Schiavo’s Motion to Vacate
Court Order denying Motion to Vacate
8-07-03 Schindler’s Petition for a Supreme Court Review
8-13-03 Michael Shiavo’s Response to Petition for Review
8-18-03 Schindlers motion for a Stay
8-19-03 Court Orders Schiavo to make a Respond for the Motion for Stay
8-20-03 Shiavo’s Response to Motion for Stay
8-22-03 Court Order denying Review and Motion for Stay
August 30, 2003
Terri Schiavo’s parents file a federal lawsuit challenging the removal of Terri Schiavo’s PEG tube. Schiavos’ petition (D). Schindler v. Schiavo, Civil Action No. 8:03-CV-1860-T-26-T-TGW
September 17, 2003
Judge Greer orders the removal of the PEG tube to take place on October 15, 2003. He also rejects the Schindlers’ request that Terri Schiavo be given therapy to learn how to eat without the tube.
9-17-03 Court Order
October 7, 2003
Governor Jeb Bush files a federal court brief in support of the Schindlers’ effort to stop the removal of the PEG tube.
October 10, 2003
Federal Court Judge Richard Lazzara rules that he lacks the jurisdiction to hear the federal case.
October 14, 2003
The 2nd DCA refuses to block Judge Greer’s order to remove the PEG tube.
October 15, 2003
Terri Schiavo’s PEG tube is once again removed.
October 17, 2003
The Florida Circuit Court in Pinellas County and the First District Court of Appeal refuse to grant a request made by the “supporters”of the Schindlers to direct Governor Jeb Bush to intervene in the Schiavo case.
October 19, 2003
The Advocacy Center for Persons with Disabilities, Inc. files a federal court lawsuit that claims that the removal of Terri Schiavo’s PEG tube is abuse and neglect.
Advocacy Center for Persons with Disabilities, Inc. v. Schiavo, No. 8:03-CV-2167-T-23EAJ
October 20, 2003
The Florida House of Representatives passes a bill, “Terri’s Law,”that allows the governor to issue a “one-time stay in certain cases.â€
HouseBill35-E.pdf
October 21, 2003
The Florida Senate passes the bill; Governor Bush issues an executive order directing reinsertion of the PEG tube and appointing a guardian ad litem for Terri Schiavo.
Schiavo Controversy Fla_ Gov_ Exec_ Order No_ 03-201.htm
Statements by some House members
October 21, 2003
Michael Schiavo files a state-court lawsuit arguing that “Terri’s Law”is unconstitutional and seeking an injunction to stop the reinsertion of the PEG tube; the court requests briefs on the Constitutional arguments about “Terri’s Law.â€
10-21-03 Schiavo Injunction
Amicus Brief from House Speaker Byrd (B)
Schiavo v. Bush. No. 03-008212-CI-20 (Cir. Ct. Pinellas County, Florida).
October 21, 2003
The federal court denies the motion for a temporary restraining order filed in the lawsuit of the Advocacy Center for Persons with Disabilities, Inc.
Advocacy Center for Persons with Disabilities, Inc. v. Schiavo, 2003 WL 23305833, 17 Fla. L. Weekly Fed. D 291 (M.D. Fla. Oct. 21, 2003).
10-21-03 US District Court Order
October 21, 2003
Terri Schiavo’s PEG tube is reinserted.
October 22 2003
David Demeres, Chief Judge for the Pinellas County Circuit Court, orders both the Schindlers and Michael Schiavo to agree within 5 days on an independent guardian ad litem as required under the Governor’s order. (“Terri’s Law”directs: “Upon issuance of the stay, the chief judge of the circuit court shall appoint a guardian ad litem for the patient to make recommendations to the Governor and the court.â€)
Schiavo’s Response
Schindlers’ Response
October 28, 2003
President George W. Bush praises the way his brother, Governor Jeb Bush, has handled the Schiavo matter.
Transcript of Rose Garden Press Conference
October 29, 2003
Michael Schiavo files court papers in his state-court lawsuit, arguing that “Terri’s Law”is unconstitutional. The American Civil Liberties Union has joined Michael Schiavo.
Michael Schiavo petitioner brief
October 31, 2003
Judge Demers appoints Dr. Jay Wolfson as Terri Schiavo’s guardian ad litem. Dr. Wolfson holds both medical and legal degrees; he is also a public health professor at the University of South Florida. He is supposed to represent Terri Schiavo’s best interest in court, but he has no authority to make decisions for her.
10-31-03 GAL Appointment
November 4, 2003
Governor Jeb Bush asks Circuit Court Judge W. Douglas Baird to dismiss Michael Schiavo’s suit (filed October 21, 2003) that challenges “Terri’s Law.â€
November 8, 2003
Judge Baird denies Governor Bush’s motion to dismiss the state-court suit.
November 10, 2003
Governor Bush appeals Judge Baird’s decision; the filing of the appeal has the effect of staying the removal of Terri Schiavo’s PEG tube.
November 14, 2003
Judge Baird vacates the stay.
11-14-03 Order vacating stay.
November 14, 2003
In response to Judge Baird’s lifting the stay, the 2nd DCA issues an indefinite stay.
November 19, 2003
Governor Bush files a petition to remove Judge Baird.
11-19-03 Petition
November 21, 2003
Florida Sens. Stephen Wise and Jim Sebesta introduce legislation (S692) that would require persons in persistent vegetative states to be administered medically supplied nutrition and hydration in the absence of a living will, regardless of family beliefs about what those patients would have wanted. The measure is withdrawn from consideration on April 16, 2004.
Bill to require sustenence when no living will exists
December 1, 2003
Jay Wolfson, guardian ad litem, concludes in his report that Terri Schiavo is in a persistent vegetative state with no chance of improvement.
Wolfson’s Report
Governor Bush’s response to Wolfson’s report
December 10, 2003
The 2nd DCA refuses to remove Judge Baird, who is the presiding judge in the state-court lawsuit filed October 21, 2003.
Bush v. Schiavo, 861 So. 2d 506 (2nd DCA 2003) (No. 2D03-5244)
12-10-03 Court Opinion
January 5, 2004
The Schindler family petitions the Pinellas County Circuit Court to reappoint Jay Wolfson, the guardian ad litem.
1-05-04 Schindlers petition to reappoint GAL
January 8, 2004
Judge Demers rejects the request to reappoint the guardian ad litem, citing the pending court decisions over the constitutionality of “Terri’s Law”as reason to wait on any action.
1-08-04 Order denying reinstatement of GAL
February 13, 2004
The 2nd DCA reverses Judge Baird’s ruling (in the case filed October 21, 2003) that denied the Schindlers permission to intervene in Michael Schiavo’s Constitutional challenge to “Terri’s Law.” The 2nd DCA explains that Judge Baird did not follow proper procedure. The court also gives permission to Governor Bush to question several witnesses who Judge Baird previously had ruled could not offer any relevant testimony.
Bush v. Schiavo, 866 So. 2d 140 (Fla. 2nd DCA 2004) (on intervention); 866 So. 2d 136 (2nd DCA 2004) (on request to take depositions). (Case No. 2D03-5783).
bushschiavo2 13 04 opn.pdf
2-13-04 Opinion allowing parents to intervene
March 12, 2004
Judge Baird again rejects the Schindlers’ request to intervene in Michael Schiavo’s suit that questions the constitutionality of “Terri’s Law.â€
March 20, 2004
Pope John Paul II addresses World Federation of Catholic Medical Associations and Pontifical Academy for Life Congress on “Life-Sustaining Treatments and Vegetative State: Scientific Advances and Ethical Dilemmas.” His remarks spark widespread interest and controversy.
Pope’s address
March 29, 2004
Nursing home workers discover 4 “fresh puncture wounds”on one arm and a fifth wound on the other arm; the workers state that a hypodermic needle appears to have caused the wounds. Attendants discovered the wounds shortly after the Schindlers visited Terri Schiavo for 45 minutes. Toxicology reports indicate that no substance was injected into Terri Schiavo. Clearwater police later conclude that the marks might have been made by a device used to move Ms. Schiavo and, in any case, that no evidence of abuse or other wrongdoing could be found.
St. Petersburg Times report (May 15, 2004)
March 29, 2004
Judge Greer denies a motion filed by the Schindlers seeking to have Michael Schiavo defend himself in a hearing; they allege that he is violating a 1996 court order that requires him to share a sufficient amount of Terri Schiavo’s medical information. Michael Schiavo claims that he has shared an adequate amount of information through attorneys.
April 16, 2004
S692 is withdrawn from consideration in the Florida Legislature.
S692 History
April 23, 2004
The 2nd DCA rules that the Pinellas County trial court has jurisdiction to hear and is the proper venue for the case Michael Schiavo has filed against Governor Bush asserting that “Terri’s Law” is unconstitutional.
2nd DCA Jurisdictional ruling
May 6, 2004
Pinellas Circuit Judge W. Douglas Baird rules that “Terri’s Law,” sought and signed by Gov. Bush and approved by the Legislature on October 21, 2003, is unconstitutional. The governor appeals the ruling.
Judge Baird’s order
June 1, 2004
The 2nd DCA grants a motion from attorneys for Michael Schiavo to send the case directly to the Florida
Supreme Court and bypass a lower-court review. Meanwhile, attorneys for Gov. Bush file a motion asking that all appeals be halted until the issue of whether Michael Schiavo has the authority to fight the governor on his wife’s behalf is resolved.
Tallahassee Democrat report
June 16, 2004
Florida’s Supreme Court, pointing to “a question of great public importance requiring immediate resolution by this Court,” accepts jurisdiction and sets oral arguments for August 31, 2004.
Florida Supreme Court order
June 30, 2004
2nd DCA affirms Judge Baird’s March 12 ruling denying the Schindlers the ability to intervene in the lawsuit over the constitutionality of “Terri’s Law.”
July 19, 2004
The Schindlers file a motion in the Circuit Court for Pinellas County seeking relief from judgment in Schindler v. Schiavo. Based in part upon the recent statement by Pope John Paul II, they argue that the orders mandating withdrawal of the PEG tube from Terri and authorizing Michael to challenge the constitutionality of “Terri’s Law” violate her “free exercise of her religious beliefs [and] her right to enjoy and defend her own life and, in fact, imperil her immortal soul.”
Relief from judgment motion
Appendix to motion (seven exhibits)
July 27, 2004
National group of bioethicists files amicus brief “in support of Michael Schiavo as guardian of the person.”
Bioethicists’ amicus brief
August 31, 2004
The Florida Supreme Court hears oral arguments in the lawsuit over the
constitutionality of “Terri’s Law.”
Streaming video of the proceedings, archived by WFSU at Florida State University
Transcript
St. Petersburg Times report
August 31, 2004
Circuit Judge George Greer, opposed for re-election by an attorney who was known to oppose Greer’s rulings in the Schiavo case, is re-elected by a large margin.
St. Petersburg Times report
September 23, 2004
Florida’s Supreme Court, unanimously affirming the trial court order, declares “Terri’s Law” unconstitutional.
Supreme Court ruling
October 4, 2004
Governor Bush files a motion and then an amended motion for rehearing and clarification of the Florida Supreme Court opinion issued on September 23, 2004
Amended motion for rehearing and clarification
October 21, 2004
Florida Supreme Court denies Governor Bush’s amended motion for rehearing and clarification, as well as a motion seeking permission to file a second amended motion for rehearing and clarification. The Court issues a mandate.
Order
October 22, 2004
In Pinellas County, at the trial-court level, Judge Greer denies the motion filed by the Schindlers on July 19, 2004. He also stays the removal of her PEG tube until December 6, 2004.
Order Denying Motion
Order Granting Stay
October 25, 2004
Governor Bush files a motion with the Florida Supreme Court asking that it recall the mandate it issued on October 22 because he will be filing a petition for certiorari regarding this case with the United States Supreme Court.
Motion to Recall Mandate
Appendix to Motion
October 27, 2004
Florida Supreme Court grants Governor Bush’s motion asking that it recall the mandate issued on October 22. Proceedings in the trial and all appellate courts in the case of Bush v. Schiavo are stayed until November 29, 2004.
Order Recalling Mandate
November 22, 2004
In the guardianship proceeding in Pinellas County, the Schindlers appeal from Judge Greer’s October 22 order denying their motion for relief from judgment.
Brief Seeking Review
December 3, 2004
Governor Bush files a petition for certiorari, seeking review of the Florida Supreme Court’s decision regarding Terri’s law, with the U.S. Supreme Court.
U.S. Supreme Court Docket
Petition for Writ of Certiorari
December 29, 2004
2nd DCA, without opinion, denies the Schindlers’ November 22 appeal from Judge Greer’s order refusing to reopen the guardianship proceeding.
January 10, 2005
The Schindlers again ask Judge Greer to remove Michael Schiavo from his judicial appointed post of Terri’s guardian.
January 13, 2005
The Schindlers file two motions – one in the 2d DCA, asking it to reconsider its decision of December 29, 2004, and a second in the trial court guardianship proceeding, asking Judge Greer once again to prevent withdrawal of nutrition and hydration until the 2d DCA does so.
January 24, 2005
The United States Supreme Court refused to grant review of the case in which the Florida Supreme Court struck down “Terri’s Law”as unconstitutional.
February 7, 2005
Florida’s Department of Agriculture and Consumer Services cites the Terri Schindler-Schiavo Foundation for failing to register with the state to solicit donations.
February 11, 2005
In Pinellas County, Judge Greer denies the Schindlers’ motions, filed January 10 and 13, 2005. The order authorizing withdrawal of the PEG tube remains in effect, although implementation is stayed pending the outcome of currently pending appeals.
February 15, 2005
The Schindlers ask the 2nd DCA to stay the mandate issued when it refused to hear their most recent appeal.
February 16, 2005
Randall Terry, founder of the pro-life activist organization Operation Rescue, appears with the Schindlers at a news conference, vowing protest vigils against removal of the PEG tube.
February 18, 2005
The Schindlers again petition Judge Greer in Pinellas County for reconsideration of the order of February 11, 2005, in which the court upheld its judgment, made in the year 2000, that the PEG tube should be removed.
February 18, 2005
Florida Representatives Baxley Brown; Cannon; Davis, D.; Flores; Goldstein; Lopez-Cantera; Murzin; Quinones; Traviesa introduced H 701 in the Florida Legislature. H 701, mirroring S. 692 (introduced in October 2003 and withdrawn in April 2004), would require maintenance of medically supplied nutrition and hydration in incapacitated persons in most instances.
H.701
February 21, 2005
The 2d DCA denies the Schindlers’ motion of February 15, 2005, clearing the way for removal of the PEG tube when the current stay expires on February 22, 2005. Judge Greer schedules a hearing on the Schindlers’ motion of February 18, 2005, for February 23, 2005.
February 22, 2005
Judge Greer stays removal of the PEG tube until 5 p.m. on February 23, 2005 (after he hears argument on the motion filed by the Schindlers on February 18, 2005).
February 23, 2005
After a hearing, Judge Greer extends the stay preventing removal of the PEG tube until 5 p.m. on February 25, 2005, to permit time to issue an order detailing his decisions regarding matters discussed at the hearing. Officials from Florida’s Department of Children and Families (DCF) move to intervene in the case, but Judge Greer denies the motion to intervene at the hearing.
DCF Motion to Intervene
February 25, 2005
Judge Greer denies the motion before him and orders that, “absent a stay from the appellate courts, the guardian, Michael Schiavo, shall cause the removal of nutrition and hydration from the ward, Theresa Schiavo, at 1 p.m. on Friday, March 18, 2005.â€
Order Denying Stay
February 26, 2005
The St. Petersburg Times reports that a Vatican cardinal spoke on Vatican Radio opposing removal of the PEG tube.
St. Petersburg Times article
February 28, 2005
The Schindlers file a number of motions with Judge Greer, addressing a range of issues. They also indicate that they will appeal the judge’s decision of February 25, 2005. Judge Greer denies some of the motions but agreed to set a hearing date to consider others.
St. Petersburg Times article
March 7, 2005
The Schindlers appeal Judge Greer’s February 25, 2005 order to the 2nd DCA.
Bioethicists from six Florida universities submit an analysis of H701.
Bioethicists’ analysis
March 8, 2005
U.S. Rep. David Weldon (R.-Fla.) introduces in the United States House of Representatives H.R. 1151, titled the Incapactitated Persons’ Legal Protection Act. The bill would permit a federal court to review the Schiavo matter through a habeas corpus lawsuit.
H.R. 1151
March 9, 2005
The Florida House Health Care Regulation Committee considers H.701, voting to approve a Council/Committee Substitute 701 instead of the original version.
Council/Committee Substitute 701
March 10, 2005
Judge Greer issues order denying Florida’s Department of Children and Families the right to intervene in the guardianship case.
March 14, 2005
The Judiciary Committee in the Florida House considers H.701, voting to approve another Committee substitute for the original bill. The Sun-Sentinel reports that the House and the Senate have agreed that this bill will come to a vote.
Second Committee Substitute 701
March 15, 2005
The Florida House Health & Families Council considers and approves the second committee substitute H.701.
The Florida Senate Judiciary Committee passes S.804, providing that medically supplied nutrition and hydration cannot be “suspended from”a person in a PVS if: (1) the purpose of the suspension is “solely to end the life of”a person in a PVS; (2) a conflict exists on the issue of suspension of medically supplied nutrition and hydration among the persons who could be proxy decisionmakers for that person under Florida law; and (3) the person in the PVS had not executed a written advance directive or designated a health care surrogate.
Senate Bill 804
March 16, 2005
The 2d DCA affirms Judge Greer’s orders and refuses to stay the scheduled March 18 withdrawal of the PEG tube.
2d DCA Opinion
The U.S. House of Representatives, by voice vote, passes H.R. 1332, the Protection of Incapacitated Persons Act of 2005. This bill would amend federal law to provide for removal of certain cases to federal court from state court, rather than authorizing use of the federal habeas corpus remedy to obtain federal court review, as H.R. 1151 would have.
H.R. 1332
March 17, 2005
The Florida House of Representatives approves H.701, after some amendments.
House-Engrossed H.701
The Florida Senate votes down S.804.
History of S.804
Florida’s Department of Children and Families (DCF) petitions the Florida Supreme Court for relief, and the Florida Supreme Court denies the petition.
DCF All Writs Petition
Florida Supreme Court order
The U.S. Senate passes a “private bill”applying to the Schiavo case but differing from H.R. 1332. The U.S. Senate website, at http://www.senate.gov, explains a “private bill”as follows: “A private bill provides benefits to specified individuals (including corporate bodies). Individuals sometimes request relief through private legislation when administrative or legal remedies are exhausted. Many private bills deal with immigration–granting citizenship or permanent residency. Private bills may also be introduced for individuals who have claims again the government, veterans benefits claims, claims for military decorations, or taxation problems. The title of a private bill usually begins with the phrase, “For the relief of. . . .” If a private bill is passed in identical form by both houses of Congress and is signed by the President, it becomes a private law.â€
U.S. Senate Bill 653 ES
Orlando Sentinel article
The Schindlers ask the U.S. Supreme Court to hear the case, but the U.S. Supreme Court denies their petition.
Schindlers’ Petition to U.S. Supreme Court
U.S. Supreme Court Denial
March 18, 2005
The U.S. House of Representatives Committee on Government Reform issues five subpoenas: one commanding Michael Schiavo to appear before it and bring with him the “hydration and nutrition equipment”in working order; three commanding physicians and other personnel at the hospice to do the same; and one commanding Terri Schiavo to appear before it. The subpoenas would require that the PEG tube remain in working order until at least the date of testimony, March 25, 2005. The subpoenas are included as appendices to the U.S. House All Writs Petition (see just below).
The Committee on Government Reform also moves to intervene in the guardianship litigation before Judge Greer and asks Judge Greer to stay his order requiring removal of the PEG tube. Judge Greer denies the motions.
U.S. House Motion to Intervene
U.S. House Motion for Stay
The Committee on Government Reform files an emergency all-writs petition with the Florida Supreme Court, effectively seeking reversal of Judge Greer’s denial of its motions. The Florida Supreme Court denies this petition.
U.S. House All Writs Petition
The House Committee on Government Reform asks the U.S. Supreme Court to review the Florida Supreme Court’s denial of its petition. Justice Kennedy, acting for the Court, denies the application for relief.
U.S. Supreme Court Docket, Case No. SC05-449
The PEG tube is removed in mid-afternoon. This is the third time the tube has been removed in accordance with court orders.
The Schindlers, as “next friends”of their daughter, file a petition for writ of habeas corpus in federal district court in the Middle District of Florida. That court dismisses the case for lack of jurisdiction and refuses to issue a temporary restraining order because “there is not a substantial likelihood that [the Schindlers] will prevail on their federal constitutional claims.â€
Schindlers’ Habeas Corpus Petition
U.S. House Speaker Tom DeLay and other Republican House members discuss the Schiavo case.
DeLay on Schiavo via C-Span
March 19-20, 2005
The U.S. Senate delays its Easter recess and works on Saturday to reach a compromise with the House on a bill, S.686, closely resembling the special bill it passed on March 17. On Palm Sunday (which holiday is frequently noted in debate), it then passes S.686 and the U.S. House of Representatives returns from Easter recess for a special session to debate S.686.
U.S. Senate Compromise Bill S.686
March 20, 2005
House Republicans hold news conference.
Video via C-Span
House Democrats hold news conference.
Video via C-Span
March 21, 2005
Shortly past 12:30 a.m., the U.S. House of Representatives votes 203-58 to suspend its rules and pass S.686.
Congressional Debate on S.686
Roll call vote on S.686
President Bush signs S.686 at 1:11 a.m.
Federal District Court Judge James D. Whittemore, Middle District of Florida (in Tampa), hears arguments on the Schindlers’ motion that he order re-insertion of the PEG tube while the lawsuit they will assert pursuant to S.686 is litigated.
Motion for Injunction
Response to Motion for Injunction
Government’s Statement of Interest
March 22, 2005
Federal District Court Judge Whittemore refuses to order re-insertion of the PEG tube.
Federal Court Order
The Schindlers appeal Judge Whittemore’s decision to the U.S. Court of Appeals for the Eleventh Circuit.
Schindlers’ 11th Circuit Appeal
Schindlers’ Appeal Exhibits
Michael Schiavo’s Response
Government’s Statement of Interest
The Schindlers file an amended complaint in the federal district court, adding a number of new claims.
Amended Complaint
A look at Capitol Hill politics in Schiavo case.
NPR “Morning Edition” broadcast
March 23, 2005
The U.S. Eleventh Circuit Court of Appeals, in a 2-1 vote, denies the Schindlers’ appeal.
11th Circuit Opinion
United States Eleventh Circuit Court of Appeals, acting en banc (as a whole), refuses to rehear the Schindlers’ appeal, leaving intact the court’s ruling earlier in the day.
En Banc Rehearing Denial
House Democrats and Republicans hold news conferences.
Video via C-Span
The Florida Senate, by a vote of 21-18, again refuses to pass S.804. This bill was approved by the Senate Judiciary Committee on March 15, 2005.
Senate Bill 804
History of S.804
Florida Governor Jeb Bush reports that a neurologist, Dr. William Cheshire, claims that Ms. Schiavo is not in a persistent vegetative state. The governor asks the Florida Department of Children and Families (DCF) to obtain custody of Ms. Schiavo in light of allegations of abuse. Judge Greer holds a hearing on the matter.
DCF Motion to Intervene
Dr. Cheshire’s Affidavit
The Schindlers file a petition for writ of certiorari with the U.S. Supreme Court.
Schindlers’ Supreme Court Petition
Respondents’ Brief
Judge Greer issues a restraining order prohibiting DCF from removing Ms. Schiavo from the hospice or otherwise re-inserting the PEG tube.
The Schindlers ask again for a restraining order in federal court.
Second Motion for Restraining Order
Memorandum in Support of Motion
Five members of the U.S. House of Representatives ask the U.S. Supreme Court to file a “friend of the court”brief.
U.S. Supreme Court Docket, Case No. 04A825
March 24, 2005
The U.S. Supreme Court refuses to hear the Schindlers’ case.
U.S. Supreme Court Order
The Schindlers file a Second Amended Complaint, adding several claims, in the federal court case. Count X, titled “Right to Life,”alleges a violation of the Fourteenth Amendment’s right to life because removing the PEG tube is “contrary to [Ms. Schiavo's] wish to live.â€
Second Amended Complaint
The trial court (Judge Whittemore) schedules a hearing for 6 p.m. and orders supplemental briefs on Count X.
Whittemore Order
Judge Greer denies DCF’s motion to intervene. DCF appeals Judge Greer’s order. Judge Greer vacates the automatic stay upon appeal. The 2d District Court of Appeal refuses to reinstate the stay. The Florida Supreme Court dismisses a motion on this matter because it “fails to invoke”the court’s jurisdiction.
DCF Motion in Florida Supreme Court (describing events)
Exhibits to Motion
Florida Supreme Court Order
March 25, 2005
Judge Whittemore denies the Schindlers’ second motion for an order re-inserting the PEG tube.
District Court 2d TRO Order
The Schindlers appeal Judge Whittemore’s order to the U.S. Court of Appeals for the Eleventh Circuit. The Eleventh Circuit affirms. The Schindlers announce that they will pursue no more federal appeals.
Schindlers’ Brief
Responsive Brief
Second Eleventh Circuit Opinion
The Schindlers file an emergency motion attempting to convince Judge Greer to reinsert the PEG, at least temporarily until the Eleventh Circuit decides their appeal. The motion contends her family heard her try to verbalize “I want to live,” according to news reports. (This motion and accompanying affidavits comprise Appendix 7 of the Schindlers’ Petition linked under March 26, just below.)
DCF appeals Judge Greer’s March 23 denial of its first motion to intervene to the 2d DCA.
DCF Appeal
March 26, 2005
Judge Greer denies the Schindlers’ motion of March 25, 2005.
Judge Greer’s Order
The Schindlers appeal to the Florida Supreme Court to reverse Judge Greer’s refusal to reinsert the PEG tube, but the Florida Supreme Court refuses to do so, citing a lack of jurisdiction.
Schindlers’ Petition
Florida Supreme Court Order
News agencies report the arrest on March 25 of Richard Alan Meywes of Fairview, N.C., for offering $250,000 for the killing of Michael Schiavo and another $50,000 for the death of Judge Greer.
CNN Report
The Schindlers advise supporters demonstrating around the hospice to return home to spend the Easter holiday with their families. The protesters remain.
March 27, 2005
In an interview on CNN, Governor Bush says: “I cannot violate a court order. I don’t have power from the U.S. Constitution, or the Florida Constitution for that matter, that would allow me to intervene after a decision has been made.”
CNN Report
March 29, 2005
The Rev. Jesse Jackson leads a prayer service outside the hospice and speaks out against removal of the PEG tube.
March 30, 2005
The Eleventh Circuit, acting both through a panel and as a whole, denies the motion for rehearing it permitted the Schindlers to file.
Panel Order
Order of Entire Eleventh Circuit
The U.S. Supreme Court refuses to review the Eleventh Circuit ruling.
U.S. Supreme Court Docket
March 31, 2005
Ms. Schiavo dies at 9:05 a.m. Her body is transported to the Pinellas Country Coroners’ Office for an autopsy.
“Terri Schiavo suffers cardiac arrest, apparently caused by a potassium imbalance and leading to brain damage due to lack of oxygen.”
A little clarification here. Her cardiac arrest was a direct result of her anorexia and bulemia. Now, I’m not saying that bulemics deserve to die. However, this “pottasium imbalance” is merely a clever euphemism employed by dodgy politicians in order to portray Schiavo as a complete victim.
What should we do if a welfare mother of 8 gets insanely fat on ho-ho’s and snaky-cakes and has kidney failure? Should the government pay for dialysis or a kidney transplant to err on the side of life?
Hi Peejz,
What is the source of 111 please?
Also see http://www.terrisfight.org/
and select “timeline” for an alternate version of the timeline.
Sincerely,
John
Hi Zelda,
It would not matter who the person is, they should be given the same standard of care and compassion.
I do not think the government should pay for her or anyone else’s “ho-ho’s and snaky-cakes” though, just plain old wholesome food.
John
John;
I hope to debate you in the future, but I have crack pipe that isn’t going to smoke itself…
Also, I love them ho-hos. They need me.
114 Here is the source. I have seen you site before John. It skips a lot of pertinant facts.
Kathy Cerminara, Nova Southeastern University, Shepard Broad Law Center
Kenneth Goodman, University of Miami Ethics Programs
Acknowledgements.
This resource is a joint project of the University of Miami Ethics Programs and the Shepard Broad Law Center at Nova Southeastern University. This content may be reproduced for non-commercial, education purposes only, with appropriate attribution to the source. (For more information, read our copyright policy.) Please send comments, suggestions and corrections to Ken Goodman, UM Ethics Programs, at ethics@miami.edu. News media and others seeking comment from Florida Bioethics Network leaders should call 305-243-5723.
112- There was no cleaver ploy on anyones part. Her potassium embalance was brought on by the weight loss/anorexia which is what caused the collapse. Those are the medical facts.
Re: 118
Also Michael Schiavo beat her all the time.
119- Oh yea. I forgot the evidence of that. Oh that’s right, there is none.:razz:
“119- Oh yeah. I forgot the evidence of that. Oh that’s right, there is none.”
You are starting to sould like a liberal.
You are still welcome to share my crack pipe anytime.
121-”You are starting to sould like a liberal.”- Hey, I was trying to keep it civil with you, and this is how you repay me?:wink:
This is my response to Ellis in post #93. First I thank you for your calm and reasoned approach in this discussion. I will try to emulate it.
Next, on the issue of misdiagnosing PVS, I am not a physician, so I can’t claim to speak definitively on scientific or medical matters. But the British Medical Journal published a study of PVS patients and concluded that 43% of them had been misdiagnosed. Many of these patients, with extensive therapy experienced some improvement. I’m not saying full recovery. With that high degree of error, again, shouldn’t the benefit of the doubt weighed in favor of preserving Terri’s life. I believe so. Maybe someone will say that the BMJ is a hack publication. I don’t know.
Ellis also asked what I thought about advance directives. I was saying that since life is a gift from God, it is not our prerogative to determine when or how it should end. However, as Ellis pointed out, I am not saying that there NEVER is a time to avoid extraordinary measures. My position is that if death is considered imminent and extraordinary measures such as ventilators and dialysis machines will do nothing other than prolong the dying process offer no hope of recovery, then allowing a person to die naturally is probably the right thing to do. But Terri was not sick. No one said that she was dying or that death for her was surely imminent. I am of the view that providing food and hydration is NOT an extraordinary measure. The Lutherans for Life website has lots of stuff on our position regarding advance directives.
The courts ruled in favor of casual statements allegedly made to Michael. But Terri’s brother also testified that when she was caring for an aging/dying relative, she expressed other viewpoints. Who can say for certainty what Terri would have wanted? And for that matter, which one of us could say for certainty what we would want? And finally, granting a person’s wants in cases like this is not always the right thing either. A depressed person may want to die, but I think we should treat the depression as best we can rather than killing them at their request. I understand that Terri’s condition is different, but I do not believe the case has been adequately made that she was unhappy and wanted to die anyway.
Enough for me for now. Have at it.
44- Maybe “Foodstamps” should come with mandatory ‘classes’ on nutrition and the sources of their “income”.
42- Blaming is one more way we keep people down. Oh, seletive memory and stereotyping. How many 150 lb, healthy-eating foodstamp people have you stood behind and never took notice of?
124- I have not seen too many.
125. I was behind one yesterday. A woman about 5’2″, slender, cart full of decent food, baby formula, etc. Maybe a box of cookies for the kids. No ho-hos, strawberry soda, candy that Kilo is so fond of. It’s interesting that all the conservatives see are the “deadbeats” – never the folks who aide is intended to help.
126- I bet she was unwed and went on the system the minute the baby was born.
Most of you obvious don’t have any medical background. This happens everyday and most people don’t fight the fact of letting go of a loved on. This is why you don’t hear it everyday. I know because I see it. Who in the right mind would allow someone to live that way. I know I don’t neither did she.For those of you who say its murder to let her die well its playing GOD to do CPR to bring her back and put her on a machine that feeds her when she cant do it on her own. Shame on you for your harsh remarks…and you call your selfs Christians
127. And maybe she was married, had kids at home, and neither she nor her hubby could find work. Why do you always assume the negative? I’m not saying there aren’t system abusers (and they should be outed). There are legitimate users of the system.
129- Because that is the case 9 out of 10 times.