This case is put forth after careful review of the court records
It is a feud, to some degree, over principle. Michael Schiavo says Terri should be allowed to die because she told him long before she was stricken that she would never want to be kept alive by a feeding tube or other such measures. The Schindlers say their son-in-law is starving Terri to death. They want to keep her alive and try to rehabiliate her.
But it also appears to be a fight over money — how a $1 million malpractice settlement Schiavo won 13 years ago over Terri's care should be spent.
Is Michael Schiavo the horrible person that he is purported to be by those on the extreme right?
Some of the protesters gathered outside Woodside Hospice here have demonized Michael Schiavo, accusing him of everything from murder to adultery because he lives with a woman and has two toddlers, a daughter and a son, by her.
It wasn't always this way, according to a USA TODAY review of voluminous records in the Probate Division of Pinellas County Circuit Court in nearby Clearwater.
Those records show that Michael Schiavo and the Schindlers jointly supervised care for Terri after she collapsed. For the first 16 days and nights that she was hospitalized, Schiavo never left the hospital. Over the next few years, as she was moved from the hospital to a skilled nursing facility, to a nursing home, to Schiavo's home and finally back to a nursing home, Schiavo visited Terri daily.
They had met in a class at Bucks County Community College in Pennsylvania. They were engaged five months later and married on Nov. 10, 1984, in Huntingdon Valley, Pa. She was, he said, "sweet. Very personable. You would meet her and just be charmed by her. ... To me, she was everything."
Once Terri was unable to help herself, Michael became a demanding advocate.
John Pecarek, a court-appointed guardian for Terri, described her husband as "a nursing home administrator's nightmare," adding, "I believe that the ward (Terri) gets care and attention from the staff of Sabal Palms (nursing home) as a result of Mr. Schiavo's advocacy and defending on her behalf."
Just think about the way Tom DeLay and others have been talking about this man. They have absolutely no shame.
So, when did everything change? What was was the trigger?
In 1992, Schiavo had filed a medical malpractice lawsuit against two doctors who had been treating his wife before she was stricken. Late that year came a settlement: Schiavo received $300,000 for loss of consortium — his wife's companionship. Another $700,000 was ordered for Terri's care.
Mary Schindler later testified that Schiavo had promised money to his in-laws. They had helped him and Terri move from New Jersey to Pinellas County, let them live rent-free in their condominium and had given him other financial help.
"We all had financial problems" after Terri's crisis, she testified. "Michael, Bob. We all did. It was a very stressful time. It was a very financially difficult time. He used to say, 'Don't worry, Mom. If I ever get any money from the lawsuit, I'll help you and Dad.' "
By February 1993, Schiavo had the money from the lawsuit.
On Valentine's Day that year, he testified, he was in his wife's nursing home room studying. He wanted to become a nurse so he could care for his wife himself. He had taken Terri to California for experimental treatment. A doctor there had placed a stimulator inside Terri's brain and those of other people in vegetative states to try to stimulate still-living but dormant cells.
According to Schiavo's testimony, the Schindlers came into Terri's room in the nursing home, spoke to their daughter, then turned to him.
"The first words out of my father-in-law's mouth was how much money he was going to get," Schiavo said. "I was, 'What do you mean?' 'Well, you owe me money.' "
Schiavo said he told his in-laws that all the money had gone to his wife — a lie he said he told Bob Schindler "to shut him up because he was screaming."
Schiavo said his father-in-law called him "a few choice words," then stormed out of the room. Schiavo said he started to follow him, but his mother-in-law stepped in front of him, saying, "This is my daughter, our daughter, and we deserve some of this money."
Not surprisingly, Mary Schindler remember's the encounter somewhat differently
Mary Schindler's account of that evening is far different. She testified that she and her husband found Schiavo studying. "We were talking about the money and about his money," she said. "That with his money and the money Terri got, now we could take her (for specialized care) or get some testing done. Do all this stuff. He said he was not going to do it."
She said he threw his book and a table against the wall and told them they would never see their daughter again.
Does that seem like bad fiction to anyone else?
Where was this information?
The accounts of that confrontation came in testimony during a January 2000 hearing on a petition Schiavo filed to discontinue his wife's life support. Pinellas County Circuit Judge George Greer ruled the next month that the feeding tube could be removed.
Despite the row over money, Schiavo and the Schindlers agreed on one major point in the 2000 testimony: the extent of Terri's brain damage, according to additional court documents cited by The Miami Herald. In the documents, Pamela Campbell, then the Schindlers' lawyer, told the court that "we do not doubt that she's in a persistent vegetative state." Campbell could not be reached to confirm the statement.
At this point, however, the gulf between Schiavo and the Schindlers could not be bridged.
"On Feb. 14, 1993, this amicable relationship between the parties was severed," Greer wrote. "While the testimony differs on what may or may not have been promised to whom and by whom, it is clear to this court that such severance was predicated upon money and the fact that Mr. Schiavo was unwilling to equally divide his loss of consortium award with Mr. and Mrs. Schindler."
There is more in the article... Take a look...
-The Oklahoma Hippy
Hi
ReplyDeleteI cant see a link to the article, which is sad.
I am interested in M Schiavo's statement that all the money had gone to his wife, because he only recalled her wish to die AFTER winning the money (after saying he wanted to be a nurse, stay with her for the long run etc).
Also court records show that the money 'That had gone to his wife' was never spent on her at all, but, among other things, on Michaels legal representation.
Hell the guy got a large payment for himself, if he owed me money he'd borrowed, I'd want to know when he was going to honour that debt, too. Especially if he was flashing the cash round like Mr Big.
Please point to a document that shows how the $700,000 in the medical trust was spent on things other than her care.
ReplyDeleteHe recieved $300,000 for Loass Of Consortium. That's an award in Tort Law that allows a monetary compensation for people who have lost the companionship of their Spouse.
That money was for him...
So, point me to a document, and I will not be afraid to blog it.
-The Oklahoma Hippy