The Magazine

No Mercy in Florida

The horrifying case of Terri Schiavo, and what it portends.

Oct 20, 2003, Vol. 9, No. 06 • By WESLEY J. SMITH
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AT 2:00 P.M. on October 15, 2003, Terri Schiavo's feeding tube is to be removed, after which she will slowly dehydrate to death. This is to be done at the request of her husband, Michael Schiavo, and at the order of Judge George W. Greer of the Sixth Judicial Circuit, in Clearwater, Florida. If the order is carried out, Terri will die over a period of 10 to 14 days.

The Schiavo case is only the most recent "food and fluids" case to make national headlines, after Nancy Cruzan (Missouri), Michael Martin (Michigan), and Robert Wendland (California). But Terri's case has gone a step beyond all the rest: Not only are Michael Schiavo's conflicts of interest so blatant that he should be allowed no say over her care, but Terri is also being denied rehabilitative therapy that several doctors and therapists have testified could wean her off the feeding tube.

Terri Schiavo collapsed from unknown causes in 1990 and experienced a devastating brain injury. Michael brought a medical malpractice case in which he promised the jury that he would provide Terri with rehabilitation and care for her for the rest of his life. The jury in 1993 awarded $1.3 million in damages, approximately $750,000 of which was set aside to pay for her care and rehabilitation. But once the money was in the bank, Michael refused to provide Terri with any rehab. Moreover, within months, he had a do-not-resuscitate order placed on her chart.

Had she died then, Michael would have inherited all the money. But he denies having a venal motive, claiming that the trust fund money is now exhausted. If true, this is bitterly ironic. For the past three years he has been in litigation, opposed by Terri's parents and her other relatives. Rather than the funds going to pay for medical therapists to help her, as the jury intended, much of it instead paid lawyers that Michael retained to obtain the court order to end her care.

Michael's second conflict of interest is deeply personal. He is engaged to be married and has had a baby with his fiancée, with another one on the way. The couple would like to marry, but Michael's wife, inconveniently, is still alive.

Judge Greer ordered Terri dehydrated based on dubious testimony from Michael, his brother, and his brother's wife that Terri told them she did not want to be hooked up to tubes--something he never told the malpractice jury when he sought a financial award. To the contrary, the malpractice jury was told that Terri could expect a normal lifespan.

Whatever Terri said or did not say, she certainly never asked to be denied the very treatment that might allow her to eat without medical assistance. Yet, in the ultimate injustice, Judge Greer refuses to permit Terri to receive rehabilitative therapy that could help her relearn to eat by mouth, even though several doctors and therapists have testified under penalty of perjury that she is a good candidate for tube weaning.

True, experts hired by Michael disagree. But so what? This isn't a case where we have to believe one side's medical experts or the other's. The issue can be decided empirically by providing Terri with six months of therapy to see if she improves. But Judge Greer, in a decision that elevated procedure over justice, won't do that because, he ruled, it would mean retrying the case.

In that unreasonable denial, it looked as if Greer might have crossed a crucial line. St. Petersburg attorney Pat Anderson, who represents Terri's blood family, believed that denying food and water and potentially rehabilitative therapy that could have made the feeding tube unnecessary, reeked of discrimination against the disabled. She filed a civil rights lawsuit seeking a federal injunction against the dehydration. Adding to the suit's potential legal heft and credibility: Florida governor Jeb Bush dramatically signed on to the federal case, urging the court in an amicus brief to prevent Terri's dehydration until she received treatment to determine whether she could relearn to take food and water by mouth. But once again, the law turned its back on her. U.S. District Court Judge Richard Lazzara ruled on October 10 that the federal courts had no jurisdiction and dismissed the case.

People are often shocked at how Terri has been treated as somehow less than a fully human person by the legal and medical experts who are determined to see her dead. They shouldn't be. This case illustrates how utterly vulnerable people with profound cognitive disabilities have become in this country. Not only are many routinely dehydrated to death--both the conscious and unconscious--but often the people making decisions to stop food and water, like Michael, have glaring conflicts of interest.