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Do not fill this in! {{Short description|American right-to-die legal case}} {{Good article}} {{Pp-move-indef}} {{Use mdy dates|date=July 2017}} {{Infobox person |name = Terri Schiavo |image = Schiavo.jpg |caption = Terri Schiavo with her mother in 2001 |birth_name = Theresa Marie Schindler |birth_date = {{birth date|1963|12|3}} |birth_place = [[Lower Moreland Township, Pennsylvania]], U.S. |death_date = {{death date and age|2005|3|31|1963|12|3}} |death_place = [[Pinellas Park, Florida]], U.S. |spouse = {{marriage|Michael Schiavo|1984|<!--Omission is per Template:Marriage instructions-->}} }} {{Terri Schiavo}} The '''Terri Schiavo case''' was a series of court and legislative actions in the United States from 1998 to 2005, regarding the care of '''Theresa Marie Schiavo''' (née '''Schindler''') ({{IPAc-en|ˈ|ʃ|aɪ|v|oʊ}}; December 3, 1963 – March 31, 2005), a woman in an irreversible [[persistent vegetative state]]. Schiavo's husband and legal guardian argued that Schiavo would not have wanted prolonged artificial life support without the prospect of recovery, and in 1998, he elected to remove her [[feeding tube]]. Schiavo's parents disputed her husband's assertions and challenged Schiavo's medical diagnosis, arguing in favor of continuing artificial nutrition and hydration.<ref name="tbo"/><ref name="abstract">{{Cite web|url=http://bioethics.miami.edu/research-and-clinical-ethics/terri-schiavo-project/timeline-of-key-events/part-1/index.html|archive-url=https://web.archive.org/web/20141116010101/http://bioethics.miami.edu/research%2Dand%2Dclinical%2Dethics/terri%2Dschiavo%2Dproject/timeline%2Dof%2Dkey%2Devents/part%2D1/index.html|title=Schiavo Timeline, Part 1|publisher=The University of Miami Ethics Programs|archive-date=November 16, 2014|url-status=dead|access-date=December 5, 2014}}</ref> The highly publicized and prolonged series of legal challenges presented by her parents, which ultimately involved state and federal politicians up to the level of [[George W. Bush]], the then [[U.S. president]], caused a seven-year (1998 to 2005) delay before Schiavo's feeding tube was ultimately removed. On February 25, 1990, at age 26, Schiavo went into [[cardiac arrest]] at her home in [[St. Petersburg, Florida]]. She was successfully resuscitated, but had massive [[brain damage]] due to [[cerebral hypoxia|lack of oxygen to her brain]] and was left [[coma]]tose. After two and a half months without improvement, her diagnosis was changed to that of a persistent vegetative state. For the next two years, doctors attempted occupational therapy, speech therapy, physical therapy and other experimental therapy, hoping to return her to a state of awareness, without success. In 1998, Schiavo's husband Michael Schiavo petitioned the [[Florida Circuit Courts|Sixth Circuit Court of Florida]] to remove her feeding tube pursuant to Florida law.<ref>{{cite web|url=http://law.onecle.com/florida/civil-rights/765.401.html|title=§ 765.401 of Florida Statutes – Health Care Advance Directives – The proxy|publisher=[[State of Florida]]|date=November 22, 2006|access-date=January 1, 2007|url-status=dead|archive-url=https://web.archive.org/web/20081208005258/http://law.onecle.com/florida/civil-rights/765.401.html|archive-date=December 8, 2008|df=mdy-all}}</ref> He was opposed by Terri's parents, Robert and Mary Schindler. The court determined that Schiavo would not have wished to continue life-prolonging measures,<ref>{{cite news|url=http://www.sptimes.com/2003/11/08/Tampabay/Schiavo_s_wishes_reca.shtml|title=Schiavo's wishes recalled in records |url-status=dead |first=William R. |last=Levesque|newspaper=[[St. Petersburg Times]] |date=November 8, 2003|access-date=January 5, 2006|archive-url=https://web.archive.org/web/20060106010646/http://www.sptimes.com/2003/11/08/Tampabay/Schiavo_s_wishes_reca.shtml|archive-date=January 6, 2006|df=mdy-all}}</ref> and on April 24, 2001, her feeding tube was removed for the first time, only to be reinserted several days later. On February 25, 2005, a Pinellas County judge again ordered the removal of Terri Schiavo's feeding tube. Several appeals and federal government intervention followed, which included Bush returning to Washington, D.C., to sign legislation moving the case to the federal courts. After appeals through the federal court system that upheld the original decision to remove the feeding tube, staff at the [[Pinellas Park, Florida|Pinellas Park]] hospice facility disconnected the feeding tube on March 18, 2005, and Schiavo died on March 31, 2005.<ref>{{Cite web|url=http://www.nbcnews.com/id/8225637/ns/us_news/t/schiavo-autopsyshows-irreversiblebrain-damage/|title=Schiavo autopsy shows irreversible brain damage|date=2005-06-15 |website=[[MSNBC]] |agency=[[Associated Press]] |language=en|access-date=2019-06-18}}</ref> The Schiavo case involved 14 appeals and numerous [[motion (legal)|legal motions]], petitions, and hearings in the Florida courts; five suits in [[United States district court|federal district court]]; [[government involvement in the Terri Schiavo case|extensive political intervention]] at the levels of the Florida state legislature, Governor [[Jeb Bush]], the U.S. Congress, and President George W. Bush; and four denials of ''[[certiorari]]'' from the [[Supreme Court of the United States]].<ref>{{cite web|url=http://news.findlaw.com/hdocs/docs/schiavo/32405acluopp.pdf|title="Respondent Michael Schiavo's opposition to application for injunction", Case No.: 04A-825|page=9|last=Felos |first=George J.|publisher=Blue Dolphin Publishing|date=March 24, 2005|access-date=January 15, 2006|archive-url=https://web.archive.org/web/20060113153024/http://news.findlaw.com/hdocs/docs/schiavo/32405acluopp.pdf|archive-date=January 13, 2006|url-status=live|df=mdy-all}}</ref> The case also spurred highly visible activism from the [[United States anti-abortion movement]], the [[right-to-die movement]], and [[disability rights]] groups.<ref name="disability rights">{{cite news|url=http://www.highbeam.com/doc/1P2-7894575.html|title=Rights groups for disabled join in fight|first=Nina |last=Easton|date=March 23, 2005|access-date=January 10, 2006|archive-url=https://web.archive.org/web/20140610054140/http://www.highbeam.com/doc/1P2-7894575.html|archive-date=June 10, 2014|url-status=dead|df=mdy-all}}</ref> Since Schiavo's death, both her husband and her family have written books on their sides of the case, and both have also been involved in activism over related issues.<ref name="Schiavo books"/><ref name="TSSF dispute"/><ref name="TerriPAC OS"/> ==Background== ===Early life=== Terri Schiavo was born Theresa Marie Schindler to Mary (born 1941)<ref>{{cite web | url=https://www.orlandosentinel.com/news/os-xpm-2003-10-26-0310260400-story.html | title=How to Deal with Terri Schiavo's Tragedy Splits Family | date=October 26, 2003 }}</ref> and Robert Schindler (1937–2009)<ref>{{cite web | url=https://www.archbalt.org/robert-schindler-who-fought-to-care-for-daughter-terri-schiavo-dies/?print=print | title=Robert Schindler, who fought to care for daughter Terri Schiavo, dies – Archdiocese of Baltimore }}</ref> on December 3, 1963, in [[Lower Moreland Township, Montgomery County, Pennsylvania]], a suburb of [[Philadelphia]]. She was the oldest of three children. Her mother reported that, as a child, Terri would spend hours in her bedroom arranging her collection of stuffed animals.<ref>{{Cite web |title=CNN.com - Terri Schiavo's life, death sparked national debate - Mar 31, 2005 |url=https://www.cnn.com/2005/US/03/31/obit.schiavo/ |access-date=2024-02-29 |website=www.cnn.com}}</ref> As a teen, she enjoyed listening to [[John Denver]] and reading [[Danielle Steel]] romances.<ref>{{Cite web |title=CNN.com - Terri Schiavo's life, death sparked national debate - Mar 31, 2005 |url=https://www.cnn.com/2005/US/03/31/obit.schiavo/ |access-date=2024-02-29 |website=www.cnn.com}}</ref> She attended [[Bucks County Community College]], where she met Michael Schiavo in 1982. The two began dating and married on November 10, 1984. They moved to [[Florida]] in 1986, following Terri's parents. Michael worked as a restaurant manager, while Terri took up a [[bookkeeping]] job with an insurance company.<ref name="WashPostFrey">{{cite news|last=Frey|first=Jennifer|title=Terri Schiavo's Unstudied Life|url=https://www.washingtonpost.com/wp-dyn/articles/A64459-2005Mar24.html|access-date=July 30, 2010|newspaper=Washington Post|date=March 25, 2005|archive-url=https://web.archive.org/web/20110628233930/http://www.washingtonpost.com/wp-dyn/articles/A64459-2005Mar24.html|archive-date=June 28, 2011|url-status=live|df=mdy-all}}</ref> She had naturally dark hair, but dyed it blonde.<ref>{{Cite web |last=Reports |first=Staff |date=2005-03-27 |title=Before tragedy, an ordinary life |url=https://www.chicagotribune.com/2005/03/27/before-tragedy-an-ordinary-life/ |access-date=2024-02-29 |website=Chicago Tribune |language=en-US}}</ref> ===Initial medical crisis: 1990=== In the early morning of February 25, 1990, Terri Schiavo collapsed in a hallway of her [[St. Petersburg, Florida]] apartment. Firefighters and [[paramedics]], arriving in response to her husband Michael's [[9-1-1]] call, found her face-down and unconscious. She was not breathing and had no [[pulse]]. They attempted to resuscitate her and she was transported to the Humana Northside Hospital. Paramedics had her [[intubation|intubated]] and [[Mechanical ventilation|ventilated]].<ref name="wolfson">{{cite web|url=http://abstractappeal.com/schiavo/WolfsonReport.pdf|title=A report to Governor Jeb Bush and the Sixth Judicial Circuit in the matter of Theresa Marie Schiavo|author=Wolfson, Jay|publisher=abstractappeal.com|pages=2, 8, 10|date=December 1, 2003|access-date=September 21, 2011|archive-url=https://web.archive.org/web/20110707075525/http://abstractappeal.com/schiavo/WolfsonReport.pdf|archive-date=July 7, 2011|url-status=live|df=mdy-all}}</ref> ====Initial medical assessments==== The cause of Schiavo's collapse was determined to be [[cardiac arrest]].<ref name="Cranford">{{cite journal|last=Cranford|first=Ronald|date=Summer 2005|title=Facts, Lies, and Videotapes: The Permanent Vegetative State and The Sad Case of Terri Schiavo|journal=The Journal of Law, Medicine & Ethics|volume=33|issue=2|pages=363–71|doi=10.1111/j.1748-720x.2005.tb00501.x|pmid=16083094|s2cid=13039529}}<!-- no url, so accessdate=2013-11-07 caused error --></ref> Her medical chart contained a note that "she apparently has been trying to keep her weight down with dieting by herself, drinking liquids most of the time during the day and drinking about 10–15 glasses of [[iced tea]]."<ref name="UStoday">{{cite news|title=Schiavo case highlights eating disorders|url=https://www.usatoday.com/news/health/2005-02-25-schiavo-eating-disorder_x.htm|access-date=November 28, 2011|newspaper=USA Today|date=February 26, 2005|archive-url=https://web.archive.org/web/20111129064653/http://www.usatoday.com/news/health/2005-02-25-schiavo-eating-disorder_x.htm|archive-date=November 29, 2011|url-status=live|df=mdy-all}}</ref> Upon admission to the hospital, she was noted as suffering from [[hypokalemia]] (low potassium levels): her serum [[potassium]] level was an abnormally low 2.0 [[Equivalent (chemistry)|mEq]]/[[litre|L]] (the normal range for adults is 3.5–5.0 mEq/L). Her [[sodium]] and [[calcium]] levels were normal.<ref name="SilentWitness">{{cite book|title=Silent Witness|author=Mark Fuhrman|publisher=William Morrow|year= 2005|page=[https://archive.org/details/silentwitnessunt00fuhr/page/67 67]|isbn=0-06-085337-9|url=https://archive.org/details/silentwitnessunt00fuhr/page/67}}</ref> [[Electrolyte disturbance|Electrolyte imbalance]] is often caused by [[water intoxication|drinking excessive fluids]], and a serious consequence of hypokalemia can be heart rhythm abnormalities, including [[sudden arrhythmia death syndrome]].<ref name="quote">Meyer J, et al. [http://www.aafp.org/afp/2003/0801/p483.html "Sudden Arrhythmia death Syndrome: Importance of the Long QT Syndrome"] {{Webarchive|url=https://web.archive.org/web/20120502033511/http://www.aafp.org/afp/2003/0801/p483.html |date=May 2, 2012 }} ''Am Fam Physician''. 2003 Aug 1;68(3):483–488. Retrieved July 26, 2011.</ref> Schiavo was eventually switched from being fed by a [[nasogastric intubation|nasogastric feeding tube]] to a [[percutaneous endoscopic gastrostomy]] (PEG) feeding tube. Garcia J. DeSousa, a board-certified [[neurologist]] in St. Petersburg, Florida, who previously treated Schiavo, cared for her during her initial admission to Humana Northside; both he and Victor Gambone, an internist and Schiavo family physician, independently made the diagnosis of persistent vegetative state within approximately one year after her sudden cardiac arrest.<ref name="Cranford" /> ===Relationship between Terri's husband and parents=== From 1990 to 1993, Michael Schiavo and the Schindlers (Terri Schiavo's parents) enjoyed an amicable relationship,<ref>[http://www.floridasupremecourt.org/justices/pariente.shtml Pariente, Barbara, Chief Justice] {{Webarchive|url=https://web.archive.org/web/20121031031338/http://www.floridasupremecourt.org/justices/pariente.shtml |date=October 31, 2012 }} (for The Court). "Jeb Bush, Governor of Florida, et al., vs. Michael Schiavo, Guardian of Marissa Brown", Case Number: SC04-925, ''[[Florida Supreme Court]]'', September 23, 2004 [http://www.law.fsu.edu/library/flsupct/sc04-925/op-sc04-925.pdf PDF link] {{webarchive|url=https://web.archive.org/web/20050416021236/http://www.law.fsu.edu/library/flsupct/sc04-925/op-sc04-925.pdf |date=April 16, 2005 }}</ref><!--Pg 3 of 30--> with the Schindlers allowing Michael to live rent-free in their condominium for several months.<ref name="pearse"/> ===Rehabilitation efforts: 1990–1993=== In November 1990, Michael Schiavo took Terri to the [[University of California, San Francisco]], for experimental nerve stimulation with a [[thalamic stimulator]]. The treatment took several months and was unsuccessful. He returned to Florida with her in January 1991 and admitted her as an inpatient to the Mediplex Rehabilitation Center in [[Bradenton, Florida]]. On July 19, 1991, Schiavo was transferred to the Sabal Palms Skilled Care Facility, where she received neurological testing and regular [[speech therapy|speech]] and [[occupational therapy]] until 1994.<ref name=abstract/> In mid-1993, Michael Schiavo requested a [[do not resuscitate]] order for her after she contracted a [[urinary tract infection]]. ==Legal cases 1992–2005== ===Malpractice=== In 1992, Michael filed a [[malpractice]] suit against Terri's [[gynecologist]] on the basis that he failed to diagnose [[bulimia nervosa|bulimia]] as the cause of her infertility.<ref>Greer, George W., Circuit Judge. [http://abstractappeal.com/schiavo/trialctorder02-00.pdf "In re: The Guardianship of Theresa Marie Schiavo, Incapacitated", (PDF)] {{Webarchive|url=https://web.archive.org/web/20110707075544/http://abstractappeal.com/schiavo/trialctorder02-00.pdf |date=July 7, 2011 }} File No. 90-2908GD-003, ''[http://jud6.org/ Fla. 6th Judicial Circuit] {{Webarchive|url=https://web.archive.org/web/20110926072401/http://www.jud6.org/ |date=September 26, 2011 }}'', February 11, 2000</ref> Terri had gone to the doctor because she had stopped [[Menstruation|menstruating]] but the doctor had failed to take her medical history into account which might have revealed an eating disorder. During the case, one of Terri's friends testified that she knew Schiavo was bulimic. In November 1992, Michael won the case and was awarded $6.8 million by the jury, later reduced to $2 million as Terri was found partly at fault for her condition.<ref name="UStoday"/> After attorneys' fees and other expenses, Michael received $300,000 and $750,000 was put in a trust fund for Terri's medical care. According to Michael, in early 2003 the Schindlers demanded that he share the malpractice money with them.<ref name=abstract /> ===Petition to remove feeding tube=== On June 18, 1990, the court appointed Michael Schiavo as Terri Schiavo's legal guardian; this appointment was not disputed by the Schindlers at the time.<ref name="wolfson" /> In May 1998, Michael Schiavo filed a petition to remove Terri Schiavo's feeding tube, which her parents opposed. Richard Pearse was appointed by the court as a second [[guardian ad litem|guardian ''ad litem'' (GAL)]], and on December 29, 1998, reported "Dr. Jeffrey Karp's opinion of the [[Ward (law)|ward]]'s condition and prognosis is substantially shared among those physicians who have recently been involved in her treatment." Pearse concluded from Karp's and Vincent Gambone's diagnosis of ''Persistent Vegetative State'' that Schiavo was legally in a persistent vegetative state as defined by Florida Statutes, Title XLIV, Chapter 765, [[§]]101(12). This includes the "absence of voluntary action" and an "inability to communicate or interact purposefully".<ref name="pearse">{{cite web|url=http://www.hospicepatients.org/richard-pearse-jr-12-29-98-report-of-guardianadlitem-re-terri-schiavo.pdf|title=Report of guardian ad litem", for "In re: the guardianship of Theresa Schiavo, an incapacitated person, Case No. 90-2908GD-003|author=Pearse, Richard L. Jr. P.A. Guardian Ad Litem.|pages=2, 8–11|publisher=Hospice Patients Alliance|date=December 29, 1998|access-date=February 1, 2006|archive-url=https://web.archive.org/web/20060211023027/http://www.hospicepatients.org/richard-pearse-jr-12-29-98-report-of-guardianadlitem-re-terri-schiavo.pdf|archive-date=February 11, 2006|url-status=live|df=mdy-all}}</ref><ref>{{cite web|url=http://flsenate.gov/Laws/Statutes/2012/765.101|title=State of Florida. Florida Statutes, Citation of Law, §765.101(12), Florida Statutes|publisher=[[State of Florida]]|date=June 1, 2005|access-date=February 3, 2006|archive-url=https://web.archive.org/web/20130517122147/http://www.flsenate.gov/Laws/Statutes/2012/765.101|archive-date=May 17, 2013|url-status=live|df=mdy-all}}</ref> Pearse found that there was no possibility of improvement but that Michael Schiavo's decisions might have been influenced by the potential to inherit what remained of Terri Schiavo's estate as long as he remained married to her. Due to a lack of a [[living will]] and questions regarding Michael's credibility, Pearse recommended denying his petition to remove her feeding tube. Pearse reported that the issue of conflict of interest applied to the Schindlers as well since, had Michael divorced Terri as they wanted him to, they would have inherited the remainder of Terri Schiavo's estate upon her death.<ref name="pearse" /> ===Schiavo end-of-life wishes=== Given the lack of a [[living will]], a trial was held before Pinellas County Judge [[George Greer]] during the week of January 24, 2000, to determine what Terri Schiavo's wishes would have been regarding life-prolonging procedures.<ref name="greer-02-00"/> Michael Schiavo was represented by attorney [[George Felos]], who had won a landmark right-to-die case before the [[Florida Supreme Court]] in 1990.<ref name="Browning AP">{{cite news|title=Florida Woman Dies Attached to a Tube; Legal Fight Goes On|work=The New York Times |url=https://www.nytimes.com/1989/07/19/us/florida-woman-dies-attached-to-a-tube-legal-fight-goes-on.html|agency=Associated Press|date=July 19, 1989|access-date=February 13, 2017|archive-url=https://web.archive.org/web/20170312202203/http://www.nytimes.com/1989/07/19/us/florida-woman-dies-attached-to-a-tube-legal-fight-goes-on.html|archive-date=March 12, 2017|url-status=live|df=mdy-all}}</ref><ref name="Browning Schiavo">{{cite web|last=Levesque|first=William R.|title=Right-to-die law defined by local case|url=http://www.sptimes.com/2003/10/13/Tampabay/Right_to_die_law_defi.shtml|work=St. Petersburg Times|date=October 13, 2003|access-date=November 23, 2012|archive-url=https://web.archive.org/web/20131203001552/http://www.sptimes.com/2003/10/13/Tampabay/Right_to_die_law_defi.shtml|archive-date=December 3, 2013|url-status=live|df=mdy-all}}</ref> The trial included testimony from eighteen witnesses regarding her medical condition and her end-of-life wishes. Michael Schiavo claimed that his wife would not want to be kept on a machine where her chance for recovery was minuscule. According to Abstract Appeal Trial Order, her parents "claimed that Terri was a devout [[Roman Catholic]] who would not wish to violate the Church's teachings on [[euthanasia]] by [[Patient refusal of nutrition and hydration|refusing nutrition and hydration]]." Judge Greer issued his order granting the petition for authorization to discontinue artificial life support for Terri Schiavo in February 2000. In this decision, the court found that Terri Schiavo was in a persistent vegetative state and that she had made reliable oral declarations that she would have wanted the feeding tube removed.<ref name="greer-02-00">{{cite web|url=http://abstractappeal.com/schiavo/trialctorder02-00.pdf|title=In re: the guardianship of Theresa Marie Schiavo, Incapacitated", File No. 90-2908GD-003|author=Greer, George W. Circuit Judge|pages=9–10|publisher=Florida Sixth Judicial Circuit|date=February 11, 2000|access-date=January 8, 2006|archive-url=https://web.archive.org/web/20110707075544/http://abstractappeal.com/schiavo/trialctorder02-00.pdf|archive-date=July 7, 2011|url-status=live|df=mdy-all}}</ref> This decision was upheld by the [[Florida Second District Court of Appeal]]<ref>{{cite web|url=http://abstractappeal.com/schiavo/2dcaorder01-01.txt|title=In re Guardianship of Theresa Marie Schiavo, Incapacitated. Robert Schindler and Mary Schindler, Appellants, v. Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Appellee, Case Number: 2D00-1269|author=Altenbernd, Chris W. (for The Court)|publisher=Florida Second District Court of Appeal|date=January 24, 2001|access-date=February 6, 2006|archive-url=https://web.archive.org/web/20110707075621/http://abstractappeal.com/schiavo/2dcaorder01-01.txt|archive-date=July 7, 2011|url-status=live|df=mdy-all}}</ref> (2nd DCA) and came to be known by the court as ''Schiavo I'' in its later rulings.<ref>See, for instance p. 6 of [http://news.findlaw.com/hdocs/docs/schiavo/32205fjord.pdf US District Court Case No. 8:05-CV-530-T-27TBM (PDF)] {{Webarchive|url=https://web.archive.org/web/20060213190403/http://news.findlaw.com/hdocs/docs/schiavo/32205fjord.pdf |date=February 13, 2006 }} p. 6</ref> ===Oral feeding and the second guardianship challenge=== In March 2000, the Schindlers filed a motion to permit assisted feeding of Terri, which is not considered a life-prolonging procedure under Florida law. Since clinical records indicated that Terri Schiavo was not responsive to [[swallowing]] tests and required a feeding tube,<ref name="wolfson" /> Judge Greer ruled that she was not capable of orally ingesting sufficient nutrition and hydration to sustain life, and denied the request.<ref>{{cite web|url=http://abstractappeal.com/schiavo/trialctorder0300.pdf|title=In re: the guardianship of Theresa Marie Schiavo, Incapacitated, File No. 90-2908GD-003|author=Greer, George W. Circuit Judge|publisher=Florida Sixth Judicial Circuit|date=March 7, 2000|access-date=February 9, 2006|archive-url=https://web.archive.org/web/20110707075633/http://abstractappeal.com/schiavo/trialctorder0300.pdf|archive-date=July 7, 2011|url-status=live|df=mdy-all}}</ref> The Medical Examiner in his postmortem report was more definitive and reaffirmed that Schiavo could not have swallowed.<ref name="thogmartin">{{cite web|url=http://www.abstractappeal.com/schiavo/autopsyreport.pdf|title="Report of Autopsy" for Theresa Schiavo, Case #5050439|author=Thogmartin, Jon R.|page=34|publisher=co.pinellas.fl.us/forensics/|date=June 13, 2005|access-date=November 7, 2013|archive-url=https://web.archive.org/web/20130618073323/http://www.abstractappeal.com/schiavo/autopsyreport.pdf|archive-date=June 18, 2013|url-status=live|df=mdy-all}}</ref> In 2000, the Schindlers again challenged Michael Schiavo's guardianship. The Schindlers suggested that he was wasting the assets within the guardianship account by transferring Terri Schiavo to a [[Pinellas Park, Florida]], [[hospice care|hospice]] "after it was clear that she was not 'terminal' within Medicare guidelines" for hospices. By this time, while still legally married to Terri Schiavo, Michael Schiavo was in a relationship with Jodi Centonze, and had fathered their first child. He said he chose not to divorce his wife and relinquish guardianship because he wanted to ensure her final wishes (not to be kept alive in a PVS) were carried out. The court denied the motion to remove the guardian, allowing that the evidence was not sufficient and, in some instances, not relevant. It set April 24, 2001, as the date on which the tube was to be removed.<ref>{{cite web|url=http://www.libertytothecaptives.net/petitiontoremoveguardian_amended.html|title=Second amended petition to remove guardian|author=Anderson, Patricia F.|publisher=libertytothecaptives.net|date=January 1, 2003|page=14|access-date=February 10, 2006|archive-url=https://web.archive.org/web/20060206190623/http://www.libertytothecaptives.net/petitiontoremoveguardian_amended.html|archive-date=February 6, 2006|url-status=live|df=mdy-all}}</ref> ===''Schiavo II''=== In April 2001, the Schindlers filed a motion for relief from judgment citing new evidence of Terri Schiavo's wishes. Judge Greer denied the motion as untimely under Rule 1.540(b)(5) of the Florida Rules of Civil Procedure.<ref>{{cite web|url=http://floridacivpro.com/rules/1-540-relief-from-judgment-decrees-or-orders/|title=Florida Rules of Civil Procedure|publisher=The Florida Bar|date=December 1, 2005|access-date=November 22, 2012|archive-url=https://web.archive.org/web/20121031140659/http://floridacivpro.com/rules/1-540-relief-from-judgment-decrees-or-orders/|archive-date=October 31, 2012|url-status=live|df=mdy-all}}</ref> The Second District Court of Appeal upheld Greer's decision but [[Remand (court procedure)|remanded]] the issue in order to give the Schindlers an opportunity to file a new motion. On April 24, 2001, Terri's feeding tube was removed for the first time. The Schindlers filed a civil suit against Michael Schiavo alleging [[perjury]], which was assigned to another court. The judge, Frank Quesada, issued an injunction against the removal of feeding tube until this was settled. The feeding tube was reinserted on April 26, 2001. On appeal by Michael Schiavo, the Second District Court of Appeal reversed Judge Quesada's order. In the same time frame, Michael Schiavo filed a motion to enforce the mandate of the guardianship court (that the feeding tube be removed). The Second District Court of Appeal denied the motion. These three decisions, all published in a single order by Florida's Second District Court of Appeal,<ref>{{cite web|url=http://abstractappeal.com/schiavo/2dcaorder07-01.txt|title="In re Guardianship of Theresa Marie Schiavo, Incapacitated. Robert Schindler and Mary Schindler, Appellants, v. Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Appellee", ''and'' "Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Appellant, v. Robert Schindler and Mary Schindler, Appellees", Case Numbers: 2D00-1269, 2D01-1836, and 2D01-1891|author=Altenbernd, Chris W. Judge (for The Court)|publisher=Florida Second District Court of Appeal|date=July 11, 2001|access-date=February 11, 2006|archive-url=https://web.archive.org/web/20110709123352/http://abstractappeal.com/schiavo/2dcaorder07-01.txt|archive-date=July 9, 2011|url-status=live|df=mdy-all}}</ref> came to be known by the court as ''Schiavo II'' in its later rulings. ===''Schiavo III and IV'': PVS diagnosis challenge=== [[File:schiavo catscan.jpg|frame|right|Left: [[CT scan]] of normal brain; Right: Schiavo's 2002 CT scan provided by [[Ronald Cranford]], showing loss of brain tissue. The black area is liquid, indicating [[hydrocephalus|hydrocephalus ex vacuo]].<ref>{{cite journal|url=http://www.medscape.com/viewarticle/511647|title=In Brief: The Afterlife of Terri Schiavo|last=Fins|first=Joseph|author2=Nicholas Schiff|journal=The Hastings Center Report|publisher=The Hastings Center|volume=35|issue=4|page=8|date=September 1, 2005|access-date=October 1, 2005|doi=10.1353/hcr.2005.0038|pmid=16225295|s2cid=44800298|archive-url=https://web.archive.org/web/20121211012736/http://www.medscape.com/viewarticle/511647|archive-date=December 11, 2012|url-status=live|df=mdy-all}} Quote: "She had developed hydrocephalus ex vacuo, a condition marked by enlarged ventricles filled with cerebrospinal fluid, because of this profound loss of cortical volume."</ref> The small white piece in the right image is the [[thalamic stimulator]] implanted in her brain.]] On August 10, 2001, on remand from the [[Florida Second District Court of Appeal]], Judge Greer heard a motion from the Schindlers claiming that new medical treatment could restore sufficient cognitive ability such that Terri Schiavo herself would be able to decide to continue life-prolonging measures. The court also heard motions from the Schindlers to remove the guardian (Michael Schiavo) and to require Judge Greer to [[recuse]] himself. Judge Greer denied the motions and the Schindlers appealed to the Second District Court of Appeals. On October 17, 2001, the Court of Appeal affirmed the denials of the motions to remove and recuse. The Court of Appeals acknowledged that their opinion misled the trial court, and they remanded the question of Terri Schiavo's wishes back to the trial court and required an evidentiary hearing to be held. The court specified that five board certified neurologists were to testify. The Schindlers were allowed to choose two doctors to present findings at an evidentiary hearing while Schiavo could introduce two rebuttal experts. Finally, the trial court itself would appoint a new independent physician to examine and evaluate Terri Schiavo's condition. These decisions, all published in a single order by the Florida Second District Court of Appeal,<ref>{{cite web|url=http://www.2dca.org/opinion/October%2017,%202001/2d01-3626.pdf|title=In re: Guardianship of Theresa Marie Schiavo, Incapacitated. Robert Schindler and Mary Schindler, Appellants, v. Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Appellee, Case Number: 2D01-3626|author=Altenbernd, Chris W. Judge (for The Court)|publisher=Florida Second District Court of Appeal|date=October 17, 2001|page=12|access-date=February 22, 2006|archive-url=https://web.archive.org/web/20060311110308/http://www.2dca.org/opinion/October%2017,%202001/2d01-3626.pdf|archive-date=March 11, 2006|url-status=live|df=mdy-all}}</ref> came to be known by the court as ''Schiavo III'' in its later rulings. In October 2002, on [[remand (court procedure)|remand]] by the Second District Court of Appeal, an evidentiary hearing was held in Judge Greer's court to determine whether new therapy treatments could help Terri Schiavo restore any cognitive function. In preparation for the trial, a new [[computed axial tomography]] scan (CAT scan) was performed, which showed severe [[cerebral atrophy]]. An [[Electroencephalography|EEG]] showed no measurable brain activity. The five physicians chosen were William Maxfield, a [[radiology|radiologist]], and four [[neurology|neurologists]]: William Hammesfahr, Ronald Cranford, Melvin Greer and Peter Bambakidis.<ref>{{cite news|url=http://www.sptimes.com/2003/11/10/Tampabay/Schiavo_tapes__snippe.shtml|title=Schiavo tapes: snippets, then not much|last=Nohlgren|first=Stephen|work=St. Petersburg Times|date=November 10, 2003|access-date=April 5, 2008|archive-url=https://web.archive.org/web/20080111053415/http://www.sptimes.com/2003/11/10/Tampabay/Schiavo_tapes__snippe.shtml|archive-date=January 11, 2008|url-status=live|df=mdy-all}}</ref> The five doctors examined Terri Schiavo's medical records, brain scans, the videos, and Terri herself. Cranford, Greer, and Bambakidis testified that Terri Schiavo was in a persistent vegetative state (PVS). Drs. Maxfield and Hammesfahr testified that she was in a [[minimally conscious state]]. As part of the court-ordered medical exam, six hours of video of Terri Schiavo were taped and filed at the Pinellas County courthouse. The tape included Terri Schiavo with her mother and neurologist William Hammesfahr. The entire tape was viewed by Judge Greer, who wrote, Terri "clearly does not consistently respond to her mother". From that six hours of video, the Schindlers and their supporters produced six video clips intended to support their case, totaling less than six minutes, and released those clips to public websites.<ref name="tbo">{{cite news|url=http://news.tbo.com/news/MGBQ67CTI6E.html|title=Schiavo Videotapes Offer Powerful But Misleading Evidence|last=Smith|first=Brad|work=Tampa Tribune|date=March 20, 2005|access-date=February 17, 2006 |archive-url=https://web.archive.org/web/20050320120815/http://news.tbo.com/news/MGBQ67CTI6E.html |archive-date=March 20, 2005 |url-status=dead}}</ref> Judge Greer ruled that Terri Schiavo was in a PVS, and was beyond hope of significant improvement. The trial court order was particularly critical of Hammesfahr's testimony, which claimed positive results in similar cases by use of [[vasodilation]] therapy, the success of which is unsupported in the medical literature.<ref>{{cite web|url=http://abstractappeal.com/schiavo/trialctorder11-02.txt|title=In re: The guardianship of Theresa Marie Schiavo, Incapacitated. Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Petitioner, v. Robert Schindler and Mary Schindler, Respondents, File No. 90-2908-GB-003|author=Greer, George W. Circuit Judge|publisher=Florida Sixth Judicial Circuit|date=November 22, 2002|access-date=February 4, 2006|archive-url=https://web.archive.org/web/20110709123342/http://abstractappeal.com/schiavo/trialctorder11-02.txt|archive-date=July 9, 2011|url-status=live|df=mdy-all}}</ref> This ruling was later affirmed by Florida's Second District Court of Appeal, which stated that "this court has closely examined all of the evidence in the record", and "we have ... carefully observed the video tapes in their entirety." The court concluded that "if we were called upon to review the guardianship court's decision ''[[Trial de novo|de novo]]'', we would still affirm it." This decision by the Second District Court of Appeals<ref>{{cite web|url=http://www.2dca.org/opinion/June%2006,%202003/2D02-5394.pdf|archive-url=https://web.archive.org/web/20040726042921/http://www.2dca.org/opinion/June%2006,%202003/2D02-5394.pdf|url-status=dead|archive-date=July 26, 2004|title="In re: Guardianship of Theresa Marie Schiavo, Incapacitated. Robert Schindler and Mary Schindler, Appellants, v. Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Appellee", Case Number: 2D02-5394|author=Altenbernd, Chris W. Judge (for The Court)|publisher=Florida Second District Court of Appeal|date=June 6, 2003|pages=9–10|access-date=February 22, 2006|df=mdy-all}}</ref> came to be known as ''Schiavo IV'' in later rulings. Around the start of 2003, the Schindlers began to create more publicity by lobbying for their case to keep their daughter alive. On September 11, 2003, the Schindlers petitioned the court to forestall removal of the feeding tube in order to provide for "eight weeks' therapy". Accompanying the petition were four affidavits from members of the Schindler family and one from Dr. Alexander T. Gimon. At the hearing, the Schindlers' counsel read into the record additional affidavits from three speech professionals and two nurses. In particular, nurse Carla Sauer Iyer asserted that she was able to feed Terri Schiavo orally but that Michael characterized any such interaction as "therapy" and ordered her not to do so. Iyer claimed in her affidavit that her initial training in 1996 consisted solely of the instruction, "Do what Michael Schiavo tells you or you're terminated", and that standing orders were not to contact the Schindler family, but that she "would call them anyway".<ref name=":0" /> On September 17, 2003, Judge [[George Greer]] denied the petition, and wrote that "the Petition is an attempt by Mr. and Mrs. Schindler to re-litigate the entire case. It is not even a veiled or disguised attempt. The exhibits relied upon by them, clearly demonstrate this to be true." Regarding Iyer's<ref name=Iyer>{{cite web|url=http://treyjackson.typepad.com/junction/2005/03/carla_sauer_i_w.html|title=Fox interview of Carla Sauer Iyer|publisher=Fox News via American Patriot Friends Network (APFN)|date=March 25, 2005|access-date=July 25, 2007 |archive-url=https://web.archive.org/web/20050326040947/http://treyjackson.typepad.com/junction/2005/03/carla_sauer_i_w.html |archive-date=March 26, 2005 |url-status=dead}}</ref> statements,<ref name=":0">{{cite web|url=http://www.apfn.org/Schiavo/CIyerAffidavit090203.htm|title=Affidavit|date=March 2, 2005|author=Carla Sauer Iyer|access-date=July 25, 2007|archive-url=https://web.archive.org/web/20070927202855/http://www.apfn.org/Schiavo/CIyerAffidavit090203.htm|archive-date=September 27, 2007|url-status=live|df=mdy-all}}</ref><ref>{{cite news|url=http://www.ocregister.com/ocr/sections/news/news/article_456712.php|title=Michael Schiavo's character is mixed portrait|last=Breed|first=Allen G.|publisher=Orange County Register|date=March 25, 2005|access-date=March 1, 2009 |archive-url=https://web.archive.org/web/20090706204126/http://www.ocregister.com/ocr/sections/news/news/article_456712.php |archive-date=July 6, 2009 |url-status=dead}}</ref><ref>{{cite web|url=http://www.hospicepatients.org/heidi-law-09-03-affidavit-re-terri-schiavo-michael.html|title=Heidi Law Affidavit|author=Heidi Law|publisher=self|date=January 1, 2002|access-date=January 1, 2007|archive-url=https://web.archive.org/web/20061027174433/http://www.hospicepatients.org/heidi-law-09-03-affidavit-re-terri-schiavo-michael.html|archive-date=October 27, 2006|url-status=live|df=mdy-all}}</ref> Greer wrote that they were "incredible to say the least" and that "Ms. Iyer details what amounts to a 15-month cover-up from April 1995 through July 1996, which include the staff of Palm Garden of Largo Convalescent Center, the Guardian of the Person, the guardian ''ad litem'', the medical professionals, the police and, believe it or not, Mr. and Mrs. Schindler ... It is impossible to believe that Mr. and Mrs. Schindler would not have subpoenaed Ms. Iyer for the January 2000 evidentiary hearing had Iyer contacted them in 1996 as her affidavit alleges."<ref>{{cite book|url=http://abstractappeal.com/schiavo/trialctorder0903.pdf|title=In re: The guardianship of Theresa Marie Schiavo, Incapacitated. Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Petitioner, v. Robert Schindler and Mary Schindler, Respondents, File No. 90-2908GD-003|author=Greer, George W. Circuit Judge|publisher=Florida Sixth Judicial Circuit|date=September 17, 2003|access-date=July 25, 2007|archive-url=https://web.archive.org/web/20070710115626/http://abstractappeal.com/schiavo/trialctorder0903.pdf|archive-date=July 10, 2007|url-status=live|df=mdy-all}} Direct quote from pages 5–6 of this 9-page Order.</ref> ==Terri's Law and other government delays== {{Main|Government involvement in the Terri Schiavo case}} On October 15, 2003, Schiavo's feeding tube was removed. Within a week, when the Schindlers' final appeal was exhausted, State Rep. [[Frank Attkisson]] and the [[Florida Legislature]] passed "Terri's Law" in an [[special session|emergency session]] giving Governor [[Jeb Bush]] the authority to intervene in the case. Governor Bush immediately ordered the feeding tube reinserted. Governor Bush sent the [[Florida Department of Law Enforcement]] (FDLE) to remove Schiavo from the hospice. She was taken to Morton Plant Rehabilitation Hospital in Clearwater, where her feeding tube was surgically reinserted.<ref>{{cite web|url=https://abcnews.go.com/Nightline/story?id=584124&page=1|title=Transcript: Michael Schiavo on 'Nightline': Husband at the Heart of the 'Right to Die' Case Speaks to Chris Bury|author=Bury, Chris|website=[[American Broadcasting Company|ABC News]]|date=March 15, 2005|access-date=February 21, 2006|archive-url=https://web.archive.org/web/20051226203013/https://abcnews.go.com/Nightline/story?id=584124&page=1|archive-date=December 26, 2005|url-status=live|df=mdy-all}}</ref> She was then returned to the hospice. Part of the legislation required the appointment of a [[guardian ad litem|guardian ''ad litem'' (GAL)]], Jay Wolfson, to "deduce and represent the best wishes and best interests" of Schiavo, and report them to Governor Bush. Wolfson's report did not change Michael's role as her legal guardian and did not otherwise obstruct him legally.<ref name="wolfson" /> Michael Schiavo opposed the Governor's intervention in Schiavo's case, and was represented, in part, by the [[American Civil Liberties Union]] (ACLU). At the same time, Robert and Mary Schindler, her parents, attempted to intervene and participate in the "Terri's Law" case but were denied by Judge W. Douglas Baird, a Circuit Judge in the Florida Sixth Circuit. They appealed, and, on February 13, 2004, the [[Florida District Courts of Appeal|Florida Second District Court of Appeal]] (Second District Court of Appeals) ordered Baird to hold further hearings on the issue.<ref>{{cite web|access-date=2020-09-09|title=Schiavo Case Still In Court|url=https://www.cbsnews.com/news/schiavo-case-still-in-court/|website=www.cbsnews.com|date=May 6, 2004 }}</ref> On March 17, 2004, Baird denied the Schindlers the right to intervene a second time.<ref>{{cite web|access-date=2020-09-09|title=Judge: Schiavo's parents can't join fight over law|url=https://www.tampabay.com/archive/2004/03/13/judge-schiavo-s-parents-can-t-join-fight-over-law/|website=Tampa Bay Times}}</ref> The Schindlers, represented by the [[American Center for Law and Justice]] (ACLJ), appealed the right to participate in the "Terri's Law" case, with the court scheduling an [[oral argument]] date for June 14.<ref>{{cite web|url=http://199.242.69.70/pls/ds/ds_docket?p_caseyear=2004&p_casenumber=1528&psCourt=2&psSearchType=|title=State of Florida "Case Docket", Case Number: 2D04-1528|publisher=[[Florida District Courts of Appeal|Florida Second District Court of Appeal]]|date=January 1, 2004|access-date=March 2, 2006}}</ref> The Schindlers' other attorney, Pat Anderson, was concurrently challenging Michael Schiavo's right to be her guardian, and, on June 16, 2004, she made a petition for writ of ''[[quo warranto]]''. On May 5, 2004, Baird found "Terri's Law" [[constitutionality|unconstitutional]], and struck it down.<ref>{{cite web|url=http://abstractappeal.com/schiavo/trialctorder05-04.txt|title=Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Petitioner, v. Jeb Bush, Governor of the State of Florida, and Charlie Crist, Attorney General of the State of Florida, Respondents, Case No. 03-008212-CI-20|author=Baird, W. Douglas Circuit Judge|publisher=Florida Sixth Judicial Circuit|date=May 5, 2005|access-date=February 3, 2006|archive-url=https://web.archive.org/web/20110623023112/http://abstractappeal.com/schiavo/trialctorder05-04.txt|archive-date=June 23, 2011|url-status=live|df=mdy-all}}</ref> Bush appealed this order to the Second District Court of Appeals, but on May 12, 2004, the court issued an "Order Relinquishing Case for Entry of Final Judgment and Order to Show Cause Why this Proceeding Should Not be Certified to the Supreme Court As Requiring Immediate Resolution".<ref>{{cite web|url=http://www.floridasupremecourt.org/pub_info/summaries/briefs/04/04-925/Filed_06-04-2004_SchiavoOpposition.pdf|title=Order Relinquishing Case for Entry of Final Judgment and Order to Show Cause Why this Proceeding Should Not be Certified to the Supreme Court As Requiring Immediate Resolution", Case Number: 2D04-2045|author=Birkhold, James Clerk (for The Court)|publisher=[[Florida District Courts of Appeal|Florida Second District Court of Appeal]]|date=May 12, 2004|pages=6–7|access-date=April 1, 2006|archive-url=https://web.archive.org/web/20050514100614/http://www.floridasupremecourt.org/pub_info/summaries/briefs/04/04-925/Filed_06-04-2004_SchiavoOpposition.pdf|archive-date=May 14, 2005|url-status=live|df=mdy-all}}</ref> The Second District Court of Appeals, in sending it directly to the Florida Supreme Court, invoked "pass through" jurisdiction.<ref>{{cite web|url=http://abstractappeal.com/schiavo/schiavoposts2004.html|title=Schiavo News|author=Conigliaro, Matt|website=abstractappeal.com|date=June 10, 2004|access-date=April 7, 2006|archive-url=https://web.archive.org/web/20060425105513/http://abstractappeal.com/schiavo/schiavoposts2004.html|archive-date=April 25, 2006|url-status=live|df=mdy-all}}</ref> The Florida Supreme Court then overturned the law as unconstitutional.<ref>{{cite web|url=http://www.floridasupremecourt.org/pub_info/summaries/briefs/04/04-925/Filed_09-23-2004_Opinion.pdf|title=Jeb Bush, Governor of Florida, et al., Appellants, vs. Michael Schiavo, Guardian of Theresa Schiavo, Appellee, Case Number: SC04-925|author=Pariente, Barbara Chief Justice (for The Court).|publisher=[[Florida Supreme Court]]|date=September 23, 2004|access-date=April 15, 2006|archive-url=https://web.archive.org/web/20060505022334/http://www.floridasupremecourt.org/pub_info/summaries/briefs/04/04-925/Filed_09-23-2004_Opinion.pdf|archive-date=May 5, 2006|url-status=live|df=mdy-all}}</ref> ==Final feeding tube removal and federal involvement== ===Early 2005 motions=== On February 23, 2005, the Schindlers filed a motion for relief from judgment pending medical evaluations.<ref>{{cite web|url=http://floridasky.us/terri/022305med.pdf|title="Resondents' Fla.R.Civ.P.1.540(b)(5) Motion for relief from judgment pending contemporary medical/psychiatric/rehabilitative evaluation of Theresa Marie Schiavo", File Number: 90-2908GD-003|author=Gibbs, David C. III|date=February 23, 2005|access-date=May 1, 2006|archive-url=https://web.archive.org/web/20060526191644/http://floridasky.us/terri/022305med.pdf|archive-date=May 26, 2006|url-status=live|df=mdy-all}}</ref> The Schindlers wanted Schiavo to be tested with an [[Functional magnetic resonance imaging|fMRI]] and given a swallowing therapy called VitalStim. The motion was accompanied by thirty-three affidavits from doctors in several specialties, speech-language pathologists and therapists, and a few neuropsychologists, all urging that new tests be undertaken.<ref name="Greer-PDF6th">{{cite web|url=http://abstractappeal.com/schiavo/trialctorder030905.pdf|title=In re: The guardianship of Theresa Marie Schiavo, Incapacitated. Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Petitioner, v. Robert Schindler and Mary Schindler, Respondents, File No. 90-2908-GD-003|page=2|author=Greer, George W. Circuit Judge|publisher=Florida Sixth Judicial Circuit|date=March 9, 2005|access-date=May 28, 2006|archive-url=https://web.archive.org/web/20110725081338/http://abstractappeal.com/schiavo/trialctorder030905.pdf|archive-date=July 25, 2011|url-status=live|df=mdy-all}}</ref><ref>''Face the Nation'', CBS: [http://www.cbsnews.com/htdocs/pdf/face_32705.pdf Transcript for Sunday, March 27, 2005 (PDF)] {{Webarchive|url=https://web.archive.org/web/20110629052819/http://www.cbsnews.com/htdocs/pdf/face_32705.pdf |date=June 29, 2011 }}.</ref> Patricia Fields Anderson, the Schindler family attorney, still held out hope "that Terri might be able to take nourishment orally, despite past findings that she is incapable".<ref>{{cite web|url=http://www.sptimes.com/2003/09/15/Columns/Too_thin_a_line_betwe.shtml|title=Too thin a line between life, death for Schiavo|author=Troxler, Howard|work=[[Saint Petersburg Times]]|date=September 15, 2003|access-date=March 8, 2006|archive-url=https://web.archive.org/web/20060509142758/http://www.sptimes.com/2003/09/15/Columns/Too_thin_a_line_betwe.shtml|archive-date=May 9, 2006|url-status=live|df=mdy-all}}</ref> Judge Greer formally denied the motion and ordered the "removal of nutrition and hydration from the ward" and set the time and date for the removal of the feeding tube as "1:00 p.m. on Friday, March 18, 2005".<ref>{{cite web|url=http://abstractappeal.com/schiavo/trialctorder02-05.pdf|page=3|title=In re: The guardianship of Theresa Marie Schiavo, Incapacitated. Michael Schiavo, Petitioner, v. Robert Schindler and Mary Schindler, Respondents, File No. 90-2908-GD-003|author=Greer, George W. Circuit Judge|publisher=Florida Sixth Judicial Circuit]|date=February 25, 2005|access-date=June 26, 2006|archive-url=https://web.archive.org/web/20110725081249/http://abstractappeal.com/schiavo/trialctorder02-05.pdf|archive-date=July 25, 2011|url-status=live|df=mdy-all}}</ref> On February 28, 2005, the Schindlers filed a motion, asking for permission to attempt to provide Schiavo with "Food and Water by Natural Means". This second motion asked for permission to "attempt to feed" Schiavo by mouth.<ref>{{cite web|url=http://floridasky.us/terri/022805EmMotionNaturalFeeding.pdf|title=Emergency expedited motion for permission to provide Theresa Schiavo with food and water by natural means, File Number: 90-2908GD-003|page=1|author=Gibbs, David C. III|date=February 27, 2005|access-date=March 25, 2006|archive-url=https://web.archive.org/web/20060325011812/http://floridasky.us/terri/022805EmMotionNaturalFeeding.pdf|archive-date=March 25, 2006|url-status=live|df=mdy-all}}</ref> Judge Greer denied the second motion on March 8, saying "it has become clear that the second motion is part and parcel of the previous motion on medical evaluations. The same declarations are being used for both motions and the motion appears to be an alternative pleading to the previous motion. Both are asking for an experimental procedure."<ref>{{cite web|url=http://abstractappeal.com/schiavo/trialctorder030805.pdf|title=In re: The guardianship of Theresa Marie Schiavo, Incapacitated. Michael Schiavo, Petitioner, v. Robert Schindler and Mary Schindler, Respondents, File No. 90-2908-GD-003|author=Greer, George W. Circuit Judge|publisher=Florida Sixth Judicial Circuit|date=March 8, 2005|access-date=March 25, 2006|archive-url=https://web.archive.org/web/20110725081234/http://abstractappeal.com/schiavo/trialctorder030805.pdf|archive-date=July 25, 2011|url-status=live|df=mdy-all}}</ref> The following day, Greer denied the first motion as well, citing that an affiant doctor for Michael cautioned that fMRI was an experimental procedure that should be conducted in an academic setting, because Schiavo had already undergone swallowing tests and failed, and because VitalStim had only been performed on patients who were not in a PVS. Greer noted that "most of the doctor affidavits submitted are based on their understanding of Schiavo's condition from news reports or video clips they have seen. Many are obviously not aware of the medical exams undertaken for the 2002 trial."<ref name="Greer-PDF6th"/> Following Greer's order on March 18, 2005, to remove the feeding tube, Republicans in the [[United States Congress]] [[subpoena]]ed both Michael and Terri Schiavo to testify at a congressional hearing.<ref>{{cite web|url=http://abstractappeal.com/schiavo/HouseSubpoenas.pdf|title="Subpoena", Committee on Government Reform, U.S. House of Representatives|author=Davis, Tom Chairman (for The Committee)|date=March 18, 2005|access-date=September 1, 2005|archive-url=https://web.archive.org/web/20050904000602/http://abstractappeal.com/schiavo/HouseSubpoenas.pdf|archive-date=September 4, 2005|url-status=live|df=mdy-all}}</ref> Greer told congressional attorneys, "I have had no cogent reason why the (congressional) committee should intervene." He also stated that last-minute action by Congress does not invalidate years of court rulings.<ref>{{cite news|url=https://www.usatoday.com/news/washington/2005-03-18-congress-schiavo_x.htm|title=Schiavo's feeding tube removed despite congressional intervention|agency=Associated Press|date=March 18, 2005|access-date=February 24, 2006|work=USA Today|archive-url=https://web.archive.org/web/20060217011532/http://www.usatoday.com/news/washington/2005-03-18-congress-schiavo_x.htm|archive-date=February 17, 2006|url-status=live|df=mdy-all}}</ref><ref>{{cite news|url=http://news.tbo.com/news/MGBLXWESG6E.html|title=Schiavo's Feeding Tube Removed|agency=Associated Press|date=March 18, 2005|access-date=October 1, 2005 |archive-url=https://web.archive.org/web/20051215160223/http://news.tbo.com/news/MGBLXWESG6E.html |archive-date=December 15, 2005 |url-status=dead}}</ref> ===Palm Sunday Compromise=== {{Main|Palm Sunday Compromise}} President [[George W. Bush]] and Congressional Republicans anticipated Greer's adverse ruling well before it was delivered and worked on a daily basis to find an alternative means of overturning the legal process by utilizing the authority of the [[United States Congress]]. On March 20, 2005, the Senate, by [[unanimous consent]], passed their version of a relief bill; since the vote was taken by voice vote, there was no official tally of those voting in favor and those opposed. Soon after Senate approval, the House of Representatives passed an identical version of the bill S.686, which came to be called the "[[Palm Sunday Compromise]]" and transferred jurisdiction of the Schiavo case to the federal courts. The bill passed the House on March 21, 2005, at 12:41 a.m. ([[UTC−5]]). Bush flew to [[Washington, D.C.]] from his vacation in [[Texas]] in order to sign the bill into law at 1:11 a.m. While the bill had been proposed by Republican Senators [[Rick Santorum]] and [[Mel Martínez]], it also had the support of Democratic Senator [[Tom Harkin]] due to [[disability rights]] concerns in the Schiavo case. Harkin had worked with disability rights groups for years and co-authored the 1990 [[Americans with Disabilities Act]].<ref name="disability rights"/> American disability rights groups traditionally tend to ally themselves with Democrats and the political left;<ref name="disability rights"/> however, in the Schiavo case, they joined pro-life organizations in opposing the removal of her feeding tube and supporting the Palm Sunday Compromise.<ref name="Congress Debate"/> According to [[Marilyn Golden]], Harkin's support was necessary for passage of the bill, as any voice opposition by Democrats would have delayed it.<ref name="disability rights"/> As in the state courts, all of the Schindlers' federal petitions and appeals were denied, and the U.S. Supreme Court declined to grant ''[[certiorari]]'', effectively ending the Schindlers' judicial options. At the same time, the so-called [[Schiavo memo]] surfaced, causing a political firestorm. The memo was written by [[Brian Darling]], the legal counsel to Florida Republican senator Mel Martínez. It suggested the Schiavo case offered "a great political issue" that would appeal to the party's [[base (politics)|base]] (core supporters) and could be used against Senator [[Bill Nelson (politician)|Bill Nelson]], a [[Democratic Party (United States)|Democrat]] from [[Florida]], because he had refused to co-sponsor the bill.<ref>{{cite news|url=http://seattletimes.nwsource.com/html/nationworld/2002213728_memo20.html|title=GOP memo says issue offers political rewards|newspaper=[[The Washington Post]]|date=April 4, 2005|access-date=March 2, 2006|archive-url=https://web.archive.org/web/20110306125620/http://seattletimes.nwsource.com/html/nationworld/2002213728_memo20.html|archive-date=March 6, 2011|url-status=live|df=mdy-all}}</ref> Nelson easily won re-election in 2006. Republican majority leader and physician [[Bill Frist]] opposed the removal of her feeding tube and in a speech delivered on the Senate floor, challenged the diagnosis of Schiavo's physicians of Schiavo being in a persistent vegetative state (PVS): "I question it based on a review of the video footage which I spent an hour or so looking at last night in my office."<ref>{{cite book|last=Frist|first=Bill|title=Bill Frist : a senator speaks out on ethics, respect and compassion|year=2005|publisher=Monument Press|location=Washington, D.C.|isbn=0-9769668-3-2|page=195|url=https://books.google.com/books?id=0aFiYpPzsgYC&q=%22I+question+it+based+on+a+review%22&pg=PA195}}</ref> After her death, the autopsy showed signs of long-term and irreversible damage to her brain consistent with PVS.<ref>[http://news.findlaw.com/hdocs/docs/schiavo/61305autopsyrpt.pdf Medical Examiner's Report on the Schiavo Autopsy (PDF)] {{Webarchive|url=https://web.archive.org/web/20161013124733/http://news.findlaw.com/hdocs/docs/schiavo/61305autopsyrpt.pdf |date=October 13, 2016 }} June 13, 2005</ref> Frist defended his actions after the autopsy.<ref>[[Anne E. Kornblut|Kornblut, Anne E.]] (2005). "Schiavo Autopsy Renews Debate on G.O.P. Actions". ''[[The New York Times]]'', June 16, 2005</ref> ==Final local motions, death, autopsy, and burial== On March 24, 2005, Judge Greer denied a petition for intervention by the [[Florida Department of Children and Families]] (DCF) and signed an order forbidding the department from "taking possession of Theresa Marie Schiavo or removing her" from the hospice and directed "each and every and singular sheriff of the state of Florida" to enforce his order. The order was appealed to the Second District Court of Appeals the following day, which resulted in an automatic stay under state law. While the stay was in effect, Florida Department of Law Enforcement personnel prepared to take custody of Terri Schiavo and transfer her to a local hospital for reinsertion of the feeding tube. Once Greer was made aware of the stay, he ordered it lifted and all parties stood down. Governor Bush decided to obey the court order despite enormous pressure from the political right. If Bush (or the Florida Legislature) had ignored Greer's order by attempting to remove her from the hospice, a confrontation between the Pinellas Park Police Department and the FDLE agents could have ensued. In jest, one official said local police discussed "whether we had enough officers to hold off the National Guard."<ref>{{cite news|agency=Associated Press|title=Report: State Tried Schiavo Grab|url=http://www.cbsnews.com/stories/2005/03/26/national/main683300.shtml|date=March 26, 2005|access-date=February 23, 2006|work=CBS News|archive-url=https://web.archive.org/web/20060829074721/http://www.cbsnews.com/stories/2005/03/26/national/main683300.shtml|archive-date=August 29, 2006|url-status=live|df=mdy-all}}</ref> Terri Schiavo died at a [[Pinellas Park, Florida|Pinellas Park]] [[Palliative care|hospice]] on March 31, 2005. ===Autopsy=== Schiavo's body was taken to the Office of the District 6 Medical Examiner for Pinellas and Pasco counties, based in Largo, Florida. The [[autopsy]] was conducted on April 1, 2005, and revealed extensive brain damage. The manner of death was certified as "undetermined." The autopsy was led by Chief Medical Examiner Jon R. Thogmartin. In addition to consultation with a neuropathologist (Stephen J. Nelson), Thogmartin also arranged for specialized cardiac and genetic examinations to be made. The official autopsy report<ref name="thogmartin" /> was released on June 15, 2005. In addition to studying Terri Schiavo's remains, Thogmartin scoured court, medical and other records and interviewed her family members, doctors and other relevant parties. Examination of Schiavo's nervous system by neuropathologist Stephen J. Nelson, revealed extensive injury. The [[human brain|brain]] itself weighed only {{convert|615|g|abbr=on}}, only half the weight expected for a female of her age, height, and weight, due to the loss of a massive number of neurons. Microscopic examination revealed extensive damage to nearly all [[List of regions in the human brain|brain regions]], including the [[cerebral cortex]], the [[thalamus]], the [[basal ganglia]], the [[hippocampus]], the [[cerebellum]], and the [[midbrain]]. The neuropathologic changes in her brain were precisely of the type seen in patients who enter a PVS following cardiac arrest. Throughout the cerebral cortex, the large pyramidal [[Betz cell|neurons]] that comprise some 70% of cortical cells – critical to the functioning of the cortex – were completely lost. The pattern of damage to the cortex, with injury tending to worsen from the front of the cortex to the back, was also typical. There was marked damage to important relay circuits deep in the brain (the thalamus) – another common pathologic finding in cases of PVS. The damage was, in the words of Thogmartin, "irreversible, and no amount of therapy or treatment would have regenerated the massive loss of neurons."<ref>{{cite news|url=http://www.cnn.com/2005/HEALTH/06/15/schiavo.autopsy|title=Autopsy: No sign Schiavo was abused: Findings show woman's brain 'profoundly atrophied'|website=CNN|date=June 7, 2005|access-date=May 3, 2006|archive-url=https://web.archive.org/web/20060421071228/http://www.cnn.com/2005/HEALTH/06/15/schiavo.autopsy/|archive-date=April 21, 2006|url-status=dead|df=mdy-all}}</ref> The cardiac pathologist who studied Schiavo's heart found it and the [[coronary circulation|coronary vessels]] to be healthy, which excludes the possibility that her initial collapse was the result of [[myocardial infarction]], although there was a localized area of healed inflammation (opening the possibility of [[myocarditis]]). Thogmartin found that "there was no proof that Terri Schiavo ever had an eating disorder such as bulimia." Regarding the possibility of strangulation or domestic violence as a cause of Schiavo's initial collapse, the report states: "No trauma was noted on any of the numerous physical exams or radiographs performed on Mrs. Schiavo on the day of, in the days after, or in the months after her initial collapse. Indeed, within an hour of her initial hospital admission, radiographic examination of her cervical spine was negative. Specifically, external signs of strangulation including cutaneous or deep neck injury, facial/conjunctival petechiae, and other blunt trauma were not observed or recorded during her initial hospital admission. Autopsy examination of her neck structures 15 years after her initial collapse did not detect any signs of remote trauma, but, with such a delay, the exam was unlikely to show any residual neck findings."<ref name="thogmartin" /> Regarding the cause and manner of Schiavo's death, Thogmartin wrote, "Mrs. Schiavo suffered severe anoxic brain injury. The cause of which cannot be determined with reasonable medical certainty. The manner of death will therefore be certified as undetermined."<ref name="thogmartin" /> ===Burial=== [[Image:SchiavoGrave.jpg|250px|thumb|right|Schiavo's gravemarker]] Schiavo's body was [[Cremation|cremated]]. Her parents organized a memorial [[Mass in the Catholic Church|Mass]] for her at the Holy Name of Jesus Catholic Church in [[Gulfport, Florida|Gulfport]] on April 5, 2005. Father [[Frank Pavone]], the founder of the [[Priests for Life]] anti-abortion organization,<ref>Pavone, Frank A. "Father Frank A. Pavone – Biography", ''[http://priestsforlife.org Priests for Life] {{Webarchive|url=https://web.archive.org/web/20190102072458/http://priestsforlife.org/ |date=January 2, 2019 }}'', [http://www.priestsforlife.org/intro/ffbio.html link] {{Webarchive|url=https://web.archive.org/web/20050206221734/http://www.priestsforlife.org/intro/ffbio.html |date=February 6, 2005 }}</ref> delivered the homily.<ref>"Schiavo's parents planning a funeral Mass for today", ''[[Saint Petersburg Times]]'', April 5, 2005 [http://www.sptimes.com/2005/04/05/Tampabay/Schiavo_s_parents_pla.shtml link] {{Webarchive|url=https://web.archive.org/web/20050906130846/http://www.sptimes.com/2005/04/05/Tampabay/Schiavo_s_parents_pla.shtml |date=September 6, 2005 }}</ref> On June 20, 2005, the cremated remains of Terri Schiavo were buried. The Schindlers' attorney stated that the family was notified by [[fax]] only after the memorial service; by then, the family had already started getting calls from reporters.<ref>Stacy, Mitch. "Schiavo's Remains Buried Amid Acrimony: Acrimony Between Terri Schiavo's Parents and Husband Continues As Her Remains Buried in Florida", ''[[Associated Press]]'', June 21, 2005 [https://abcnews.go.com/Health/wireStory?id=867050 link] {{Webarchive|url=https://web.archive.org/web/20110629113922/https://abcnews.go.com/Health/wireStory?id=867050 |date=June 29, 2011 }}</ref> The ashes were interred at Sylvan Abbey Memorial Park in [[Clearwater, Florida]]. The epitaph (pictured) reads: {{Poem quote|Schiavo / Theresa Marie / Beloved Wife Born December 3, 1963 Departed this Earth / February 25, 1990 At peace March 31, 2005 [''[[Doves as symbols|Dove]] with [[olive branch]] image'']<!-- editor added descriptive text --> I kept my promise}} ==Ethical and legal issues== ===Right to die=== The Schiavo case has been compared to the [[Karen Ann Quinlan|Karen Ann Quinlan case]] and [[Cruzan v. Director, Missouri Department of Health|Nancy Cruzan case]], two landmark right-to-die cases.<ref>{{cite book|last=Shepherd|first=Lois L.|title=If That Ever Happens to Me: Making Life and Death Decisions After Terri Schiavo|year=2009|publisher=Univ of North Carolina Press|pages=[https://archive.org/details/ifthateverhappen00shep/page/5 5]–6|url=https://archive.org/details/ifthateverhappen00shep|url-access=registration|isbn=978-0-8078-8864-3}}</ref><ref name="M Stonecipher">{{cite journal|last=Stonecipher|first=Matthew|title=The evolution of surrogates' right to terminate life-sustaining treatment|journal=Virtual Mentor|date=September 2006|volume=8|issue=9|pages=593–98|url=https://journalofethics.ama-assn.org/article/evolution-surrogates-right-terminate-life-sustaining-treatment/2006-09 |access-date=July 5, 2021|doi=10.1001/virtualmentor.2006.8.9.hlaw1-0609|pmid=23234711|doi-access=free}}</ref> Quinlan entered a persistent vegetative state in 1975, and her family was allowed to remove her from a ventilator in 1976 after a ruling by the [[New Jersey Supreme Court]] based on her right of privacy. She died of [[pneumonia]] in 1985.<ref name="quinlan death">{{cite web|url=https://news.google.com/newspapers?id=qwgjAAAAIBAJ&pg=4910,299074&dq=karen-ann-quinlan&hl=en|url-status=|title=Karen Ann Quinlan dies after 10 years in a coma|work=St. Petersburg (FL) Evening Independent|date=June 12, 1985}}{{deadlink|date=September 2023}}</ref> Cruzan was diagnosed with PVS in 1983 and her legal case reached the Supreme Court, which ruled that "clear and convincing evidence" of her wishes to die under such circumstances was needed. Cruzan's family did not have enough evidence of that, but later produced more. She died after being removed from life support in 1990.<ref name="cruzan death">{{cite web|title=The Death of Nancy Cruzan|url=https://www.pbs.org/wgbh/pages/frontline/programs/transcripts/1014.html|work=Frontline, PBS|date=March 24, 1992|access-date=September 15, 2017|archive-url=https://web.archive.org/web/20160514022938/http://www.pbs.org/wgbh/pages/frontline/programs/transcripts/1014.html|archive-date=May 14, 2016|url-status=live|df=mdy-all}}</ref> The "Terri Schiavo case" actually refers to a series of cases. It differed from the Quinlan and Cruzan cases by involving settled law rather than breaking new legal ground on the right-to-die issue. In 2006, Professor Lois Shepherd, PhD JD, states it was "unclear" whether the Schiavo case represents a [[landmark decision]].<ref>{{cite journal |first=Lois |last=Shepherd |url=http://www.luc.edu/media/lucedu/law/students/publications/llj/pdfs/shepherd.pdf |title=Terri Schiavo: Unsettling The Settled |journal=Loyola University Chicago Law Journal |year=2006 |volume=37 |page=297 |access-date=October 18, 2016 |archive-url=https://web.archive.org/web/20160502171024/http://www.luc.edu/media/lucedu/law/students/publications/llj/pdfs/shepherd.pdf |archive-date=May 2, 2016 |url-status=live |df=mdy-all }}</ref> The Terri Schiavo affair involved a dispute between family members and her legal guardian over her wishes when there is no documented desire. According to medical ethicist Matthew Stonecipher, "The movement to challenge the decisions made for Terri Schiavo threatened to destabilize end-of-life law that had developed over the last quarter of the 20th century, principally through the cases of Karen Ann Quinlan and Nancy Cruzan."<ref name="M Stonecipher"/> The outcome of the Schiavo case was also in part determined by a 1990 Florida case, ''Guardianship of Estelle Browning''.<ref name="Browning Schiavo"/><ref name="Browning TBO">{{cite news|last=Sommer|first=David|title=Schiavo Case Could Cause Change In Law|url=http://news.tbo.com/news/MGA1IEYHYLD.html|access-date=November 30, 2012|newspaper=Tampa Bay Online|date=October 19, 2003 |archive-url=https://web.archive.org/web/20031023002811/http://news.tbo.com/news/MGA1IEYHYLD.html |archive-date=October 23, 2003 |url-status=dead}}</ref> In that case, attorney George Felos, representing a Browning relative, successfully argued that Browning's feeding tube should be removed before the [[Florida Supreme Court]]. The elderly Browning had expressed, in a living will, her wish not to be kept alive by any artificial means, including receiving food and water "by a gastric tube or intravenously." At that time, it was common to remove people from ventilators, but the law in Florida was not clear on removing them from feeding tubes. In a landmark ruling, the Florida Supreme Court decided that Browning had "the constitutional right to choose or refuse medical treatment, and that right extends to all relevant decisions concerning one's health."<ref name="Browning Schiavo"/> ===Disability rights=== During the years of legal proceedings, [[disability rights]] groups and activists closely monitored and involved themselves in the case. In March 2003, twelve disability rights groups, led by [[Not Dead Yet]], along with four other ''amici'' filed an ''[[amicus curiae]]'' brief in which they opposed the removal of Schiavo's feeding tube.<ref name="amicus brief">{{cite web|last=Townsend|first=Liz|title=Disability Rights Groups File Amicus Brief in Terri Schiavo Case''|url=http://www.highbeam.com/doc/1G1-98775346.html|publisher=National Right to Life News|access-date=November 20, 2012|archive-url=https://web.archive.org/web/20140610055842/http://www.highbeam.com/doc/1G1-98775346.html|archive-date=June 10, 2014|url-status=dead|df=mdy-all}}</ref> They also used the Schiavo case to advocate for federal review in cases where third parties decide to withdraw life support from patients unable to give consent.<ref name="disability rights"/><ref name="Congress Debate">{{cite news|last=Stolberg|first=Sheryl Gay|title=Congress Ready to Again Debate End-of-Life Issues|url=https://www.nytimes.com/2005/03/28/politics/28cong.html?pagewanted=print&position=&_r=0|newspaper=The New York Times|date=March 28, 2005|access-date=February 13, 2017|archive-url=https://web.archive.org/web/20150402132316/http://www.nytimes.com/2005/03/28/politics/28cong.html?pagewanted=print&position=&_r=0|archive-date=April 2, 2015|url-status=live|df=mdy-all}}</ref> They argued that persistent vegetative state is frequently misdiagnosed, and that the reasons for withdrawal of life support from a patient should be scrutinized since even family member surrogates can have conflicts of interest. The Palm Sunday Compromise granted the federal review they sought, but it was limited to only the Schiavo case.<ref name="disability rights"/> ==Public opinion and activism== {{Main|Public opinion and activism in the Terri Schiavo case}} The seven-year case generated a great deal of public attention and activism.<ref name="Lois Shepherd">{{cite book|last=Shepherd|first=Lois|title=If That Ever Happens to Me: Making Life and Death Decisions after Terri Schiavo (Studies in Social Medicine)|year=2009|publisher=The University of North Carolina Press|isbn=978-0-8078-3295-0|pages=[https://archive.org/details/ifthateverhappen00shep/page/1 1–2]|url=https://archive.org/details/ifthateverhappen00shep/page/1}}</ref><ref name="Stolberg NYT">{{cite news|last=Stolberg|first=Sheryl Gay|title=Schiavo's Case May Reshape American Law|url=https://www.nytimes.com/2005/04/01/politics/01legacy.html|newspaper=The New York Times|date=April 1, 2005|access-date=February 13, 2017|archive-url=https://web.archive.org/web/20150316023351/http://www.nytimes.com/2005/04/01/politics/01legacy.html|archive-date=March 16, 2015|url-status=live|df=mdy-all}}</ref> There was extensive media coverage and both sides courted public opinion.<ref name="Public opinion">{{cite news|title=Schiavo's parents turn to court of public opinion|url=http://www.sptimes.com/2005/02/15/Hillsborough/Schiavo_s_parents_tur.shtml|agency=Associated Press|date=February 15, 2005|access-date=November 25, 2012|archive-url=https://web.archive.org/web/20120927011713/http://www.sptimes.com/2005/02/15/Hillsborough/Schiavo_s_parents_tur.shtml|archive-date=September 27, 2012|url-status=live|df=mdy-all}}</ref><ref name="Case Didion">{{cite magazine|last=Didion|first=Joan|title=The Case of Theresa Schiavo|url=http://www.nybooks.com/articles/archives/2005/jun/09/the-case-of-theresa-schiavo/?pagination=false|magazine=The New York Review of Books|date=June 9, 2005|access-date=November 25, 2012|archive-url=https://web.archive.org/web/20130120105359/http://www.nybooks.com/articles/archives/2005/jun/09/the-case-of-theresa-schiavo/?pagination=false|archive-date=January 20, 2013|url-status=live|df=mdy-all}}</ref> In 2000, the Schindlers created the Terri Schindler-Schiavo Foundation to garner support.<ref name="Funding sources">{{cite news|last1=Nohlgren|first1=Stephen|last2=Zucco|first2=Tom|title=Schiavo case has myriad fund sources|url=http://www.sptimes.com/2005/03/28/news_pf/State/Schiavo_case_has_myri.shtml|newspaper=St. Petersburg Times|date=March 28, 2005|access-date=November 27, 2012|archive-url=https://web.archive.org/web/20130829211725/http://www.sptimes.com/2005/03/28/news_pf/State/Schiavo_case_has_myri.shtml|archive-date=August 29, 2013|url-status=live|df=mdy-all}}</ref><ref name="TS press release">{{cite press release|title=Terri Schindler Schiavo Foundation Changes Name; Hones Mission|url=http://www.standardnewswire.com/news/94375568.html|publisher=Terri Schiavo Life & Hope Network press release|access-date=November 25, 2012|archive-url=https://web.archive.org/web/20101130032038/http://standardnewswire.com/news/94375568.html|archive-date=November 30, 2010|url-status=live|df=mdy-all}}</ref> During the weeks when Schiavo's feeding tube was removed in 2005, activists kept up an around-the-clock vigil outside her hospice. The protests were described as loud but non-violent. There were dozens of arrests, with most being for crossing a police line with water for Schiavo.<ref>{{cite news|url=https://www.nytimes.com/2005/03/28/national/28cnd-schiavo.html|work=[[The New York Times]]|title=Schiavo Protesters Have Hearts on Sleeves and Anger on Signs|date=March 28, 2005|access-date=July 24, 2011|archive-url=https://web.archive.org/web/20111210115900/http://www.nytimes.com/2005/03/28/national/28cnd-schiavo.html|archive-date=December 10, 2011|url-status=live|df=mdy-all}}</ref><ref name="Protests CBS">{{cite web|title=Schiavo Protesters' Passions Rise|url=http://www.cbsnews.com/2100-201_162-683326.html|url-status=|website=CBS News|access-date=November 24, 2012}}{{deadlink|date=September 2023}}</ref> Two [[opinion poll|polls]] conducted shortly after Schiavo's feeding tube was removed for the final time in 2005 showed that a large majority of [[United States|Americans]] believed that Michael Schiavo should have had the authority to make decisions on behalf of his wife and that the [[United States Congress|U.S. Congress]] overstepped its bounds with its intervention in the case.<ref>{{cite news|url=http://www.cbsnews.com/stories/2005/03/25/opinion/lynch/main683233.shtml|work=CBS News|title=Schiavo Politics, Up Close|date=March 25, 2005|access-date=July 23, 2011|archive-url=https://web.archive.org/web/20110629123138/http://www.cbsnews.com/stories/2005/03/25/opinion/lynch/main683233.shtml|archive-date=June 29, 2011|url-status=live|df=mdy-all}}</ref> ==Developments since Schiavo's death== Since Terri Schiavo's death in March 2005, her family and Michael Schiavo have clashed a number of times. Each side has also worked to promote their own causes related to the case. In April 2005, the families disagreed over Schiavo's burial. The Schindlers had wanted her body to be buried in Florida, while Michael Schiavo said at the time that he would cremate her body and then have her ashes buried in her home state of [[Pennsylvania]].<ref>{{cite news|title=Parents Hold Funeral Mass for Terri Schiavo|url=http://www.foxnews.com/story/0,2933,152578,00.html|agency=Associated Press|date=April 6, 2005|access-date=November 27, 2012|archive-url=https://web.archive.org/web/20121017162549/http://www.foxnews.com/story/0,2933,152578,00.html|archive-date=October 17, 2012|url-status=live|df=mdy-all}}</ref> In June 2005, however, Schiavo's ashes were buried in Florida instead. The words "I kept my promise" were included on the marker, referring to his promise to follow what he said was her wish not to be kept alive artificially. The statement angered the Schindlers.<ref>{{cite news|title=Even in Death, Acrimony over Schiavo|url=http://www.nbcnews.com/id/8299372|agency=Associated Press|date=June 21, 2005}}</ref> In December 2005, Michael Schiavo created a [[political action committee]], TerriPAC. It was formed to raise money to support right-to-die candidates and oppose candidates who had voted for government involvement in the Schiavo case.<ref name="TerriPAC OS">{{cite web|last=Lytle|first=Tamara|title=Schiavo turns rage into TerriPAC|url=http://articles.orlandosentinel.com/2005-12-08/news/SCHIAVO08_1_weldon-feeding-tube-congressional-action|newspaper=Orlando Sentinel|date=December 8, 2005|access-date=November 29, 2012|archive-url=https://web.archive.org/web/20131016002224/http://articles.orlandosentinel.com/2005-12-08/news/SCHIAVO08_1_weldon-feeding-tube-congressional-action|archive-date=October 16, 2013|url-status=live|df=mdy-all}}</ref> In 2007, TerriPAC paid a $1,350 fine to the [[Federal Election Commission]] for failing to file complete and timely records.<ref>{{cite web|url=http://bioethics.miami.edu/research-and-clinical-ethics/terri-schiavo-project/timeline-of-key-events/part-2/index.html|title=Schiavo Timeline, Part 2|publisher=University of Miami Ethics Programs|archive-url=https://web.archive.org/web/20180109181156/http://bioethics.miami.edu/research-and-clinical-ethics/terri-schiavo-project/timeline-of-key-events/part-2/index.html|archive-date=January 9, 2018|url-status=dead|df=mdy-all}}</ref> Schiavo shut down the PAC later that year.<ref>{{cite web|title=TerriPAC|url=http://www.terripac.com/|archive-url=https://web.archive.org/web/20071010233255/http://www.terripac.com/|archive-date=October 10, 2007|access-date=November 26, 2012}}</ref> The Schindlers continued operation of the Terri Schindler Schiavo Foundation, with a new goal of helping individuals in situations similar to Terri's. In April 2010, Michael Schiavo charged that the Schindlers were improperly using Terri's name, as he held the rights to it, and that the family was using the foundation in order to make money. A Florida television station looked at the foundation's tax records and found that for 2008, it paid 64% of the $91,568 it raised in salaries to Terri's father, Robert Schindler Sr., her sister, Suzanne Vitadamo, and her brother, Robert Schindler Jr. Their attorney said the foundation does its work effectively and that the high percentage for salaries was due to the small amount of money the foundation raises. He also said that the Schindlers had the right to use Terri's name as she is a public figure.<ref name="TSSF dispute">{{cite web|last=Wade|first=Jake|title=Terri Schiavo's Family Profiting From Foundation|date=April 30, 2010|url=http://www.13wmaz.com/news/local/story.aspx?storyid=78447&catid=28|archive-url=https://archive.today/20130116011751/http://www.13wmaz.com/news/local/story.aspx?storyid=78447&catid=28|url-status=dead|archive-date=January 16, 2013|website=WMAZ}}</ref> The foundation had been fined $1,000 shortly before Schiavo's death for failing to file timely paperwork.<ref name="Funding sources"/> In September 2010, the Schindlers renamed the organization the "Terri Schiavo Life and Hope Network". (Page headers in the web publication show the name change occurred in 2010, compare volume 1 to 2 for 2010)<ref name="life & hope Volume 2 / 1st Edition">{{Cite web|website = About us – Terri Schiavo Life & Hope Network|at = from https://www.lifeandhope.com/about, "Vol. 2 – 2010, Issue 1"|title = life&hope Volume 2 / 1st Edition|publisher = Terri Schiavo Life & Hope Network|author = <!--Not stated-->|date = 2010|accessdate = 2023-02-11|url = https://terrischiavoorg.files.wordpress.com/2017/05/vol-2-issue-11.pdf|url-status = live|archive-url = https://web.archive.org/web/20230211202636/https://terrischiavoorg.files.wordpress.com/2017/05/vol-2-issue-11.pdf|archive-date = 2023-02-11 }}</ref><ref name="life & hope Volume 2 / 2nd Edition">{{Cite web |website = About us – Terri Schiavo Life & Hope Network |at = from https://www.lifeandhope.com/about, "Vol. 2 – 2010, Issue 2" |title = life&hope Volume 2 / 2nd Edition |publisher = Terri Schiavo Life & Hope Network |author = <!--Not stated--> |date = 2010 |accessdate = 2023-02-11 |url = https://terrischiavoorg.files.wordpress.com/2017/05/vol-2-issue-21.pdf |url-status = live |archive-url = https://web.archive.org/web/20230211202726/https://terrischiavoorg.files.wordpress.com/2017/05/vol-2-issue-21.pdf |archive-date = 2023-02-11 }}</ref> In 2006, both Michael Schiavo and the Schindlers released books telling their sides of the story. Schiavo's was called ''Terri: The Truth'', while the Schindlers' was titled ''A Life that Matters: The Legacy of Terri Schiavo – A Lesson for Us All''.<ref name="Schiavo books">{{cite news|last=Neuman|first=Clayton|title=Another Schiavo Skirmish|url=http://www.time.com/time/magazine/article/0,9171,1177007,00.html|url-status=dead|magazine=Time|date=March 27, 2006|access-date=November 27, 2012|archive-url=https://web.archive.org/web/20121126233634/http://www.time.com/time/magazine/article/0,9171,1177007,00.html|archive-date=November 26, 2012|df=mdy-all}}</ref> Despite the extended emotion-laden legal struggle, the case broke no new legal ground: it remains settled law that the spouse is the [[next of kin]] in decisions where the patient is incompetent. However, it is now more generally recognized that the next of kin's decisions should be carried out in a timely fashion, even on matters of life and death. The case has raised public awareness of the value of having an [[advance medical directive]].{{cn|date=February 2024}} At the ten-year anniversary of Schiavo's death, several news sources offered retrospectives on the case, some still attempting to explain how this particular case became so notable.<ref>[https://www.nbcnews.com/news/amp/ncna333536 Ten Years After Terri Schiavo, Death Debates Still Divide Us: Bioethicist] nbc news.com, March 31, 2015, Arthur Caplan</ref><ref>[https://time.com/3763521/terri-schiavo-right-to-die-brittany-maynard/ How Terri Schiavo Shaped the Right-to-Die Movement] time.com, Josh Sanburn, March 31, 2015</ref><ref>[https://www.cbsnews.com/amp/pictures/look-back-in-history-terri-schiavo-death/ A look back: The Terri Schiavo case] cbsnews.com, Radhika Chalasani, March 31, 2016</ref><ref>"[https://www.politico.com/magazine/story/2015/01/jeb-bush-terri-schiavo-114730/ Jeb 'Put Me Through Hell']", ''[[Politico]]'', Michael Kruse, January 29, 2015</ref><ref>"[https://youtube.com/watch?v=O-rQ3tIabvM Terri Schiavo Documentary: The Case's Enduring Legacy]" ''The New York Times'', April 21, 2014</ref><ref>[https://www.nydailynews.com/news/national/lessons-learned-bitter-divide-terri-schiavo-death-article-1.2152267 A decade after Terri Schiavo's feeding tube was disconnected, her family's pain lives on]</ref><ref>[https://www.tampabay.com/news/politics/stateroundup/the-audacity-of-jeb-bush-a-governor-goes-all-in-on-the-terri-schiavo-case/2213997/ The audacity of Jeb Bush: A governor goes all in on the Terri Schiavo case]</ref> ===Schiavo memo=== During the Terri Schiavo case in March 2005, a [[talking point]]s memo on the controversy was written by [[Brian Darling]], the legal counsel to [[Republican Party (United States)|Republican]] Senator [[Mel Martínez]] of [[Florida]].<ref name="autogenerated1">{{Cite web|date=April 6, 2005|title=Senator's office produced Schiavo memo|url=https://www.nbcnews.com/id/wbna7412110|publisher=Associated Press|via=NBC News}}</ref> The memo suggested the Schiavo case offered "a great political issue" that would appeal to the party's [[Base (politics)|base]] (core supporters) and could be used against Senator [[Bill Nelson]], a [[Democratic Party (United States)|Democrat]] from [[Florida]] who was [[2006 United States Senate election in Florida|up for reelection in 2006]], because he had refused to co-sponsor the bill which came to be known as the [[Palm Sunday Compromise]].<ref>{{Cite news|date=April 4, 2005|title=The Seattle Times: Nation & World: GOP memo says issue offers political rewards<!-- Bot generated title -->|url=http://seattletimes.nwsource.com/html/nationworld/2002213728_memo20.html|url-status=live|archive-url=https://web.archive.org/web/20070127110336/http://seattletimes.nwsource.com/html/nationworld/2002213728_memo20.html|archive-date=January 27, 2007|newspaper=The Washington Post|via=The Seattle Times}}</ref> Martínez stated that he had not read the memo before he inadvertently passed it to [[Iowa]] Senator [[Tom Harkin]], a Democratic supporter of the Palm Sunday Compromise legislation which gave [[United States federal courts|federal courts]] [[jurisdiction]] to review the Terri Schiavo case.<ref name=autogenerated1 /> After the existence of the memo was reported by [[ABC News]] and ''[[The Washington Post]]'', Senate Majority Leader [[Bill Frist]] denounced the memo and asserted that the Republican Party's interest in the case was solely based on moral grounds. Darling remained silent about his authorship of the memo as commentators from the conservative magazine ''[[Weekly Standard]]'' and other publications questioned its authenticity.<ref>{{Cite magazine|last=Barnes|first=Fred|date=April 4, 2005|title=The ABCs of Media Bias|url=https://www.weeklystandard.com/Content/Public/Articles/000/000/005/406istku.asp|magazine=[[The Weekly Standard]]|volume=10|issue=27|archive-url=https://web.archive.org/web/20051219144050/https://www.weeklystandard.com/Content/Public/Articles/000/000/005/406istku.asp|archive-date=December 19, 2005}}</ref><ref>{{Cite web|last=Hinderaker|first=John|date=March 27, 2005|title=Fake but Accurate Again?<!-- Bot generated title -->|url=http://www.weeklystandard.com/Content/Public/Articles/000/000/005/416virea.asp|url-status=dead|archive-url=https://web.archive.org/web/20120401164354/http://www.weeklystandard.com/Content/Public/Articles/000/000/005/416virea.asp|archive-date=April 1, 2012|website=The Weekly Standard}}</ref> The source of the memo had not been disclosed by either ABC News or ''The Washington Post''. ''The Washington Post'' says that it neither implied that the memo originated from a Republican source nor that it was circulated by Republicans, though it did in fact make these assertions when it published the story by reporters Mike Allen and Manuel Roig-Franzia on its wire service on March 19, 2005. The authorship claim was removed before publication of the print version on March 20, 2005.<ref>{{Cite news|last=Kurtz|first=Howard|date=March 30, 2005|title=Doubts Raised On Schiavo Memo|url=https://www.washingtonpost.com/wp-dyn/articles/A11250-2005Mar29.html|newspaper=The Washington Post}}</ref><ref>{{Cite news|last=Kurtz|first=Howard|date=April 4, 2005|title=Leaving the Anchor Desk, Its Greatest Generation|url=https://www.washingtonpost.com/wp-dyn/articles/A24015-2005Apr3.html|newspaper=The Washington Post}}</ref> On April 6, 2005, Darling admitted to writing the memo, and resigned his position as legal counsel to Senator Martínez.<ref>{{Cite news|last=Allen|first=Mike|date=April 7, 2005|title=Counsel to GOP Senator Wrote Memo On Schiavo|url=https://www.washingtonpost.com/wp-dyn/articles/A32554-2005Apr6.html|newspaper=The Washington Post}}</ref> ==See also== * [[Government involvement in the Terri Schiavo case]] * [[Haleigh Poutre]] * [[Terri Schiavo timeline]] * [[Vincent Lambert case]] {{Clear}} ==References== {{Reflist|30em}} ==Further reading== <!-- Alphabetical by author: --> * {{Cite book |editor-last1=Caplan |editor-first1=Arthur L. |editor2=James J. McCartney |editor3=Dominic A. Sisti |date=2006 |title=The Case of Terri Schiavo: Ethics at the End of Life |url=https://archive.org/details/caseofterrischia00capl |url-access=subscription |location=Amherst, NY |publisher=Prometheus Books |isbn=978-1-59102-398-2}} * ''Silent Witness: The Untold Story of Terri Schiavo's Death'' by [[Mark Fuhrman]] (2005), {{ISBN|0-06-085337-9}} * ''Fighting for Dear Life: The Untold Story of Terri Schiavo and What It Means for All of Us'' by David C. Gibbs III (2006), {{ISBN|0-7642-0243-X}} * ''Remembering Terri Schiavo: Reflections of a Health Care Warrior'' by Audrey Ignatoff (2005), {{ISBN|1-4116-3220-6}} * ''Terri's Story: The Court-Ordered Death of an American Woman'' by Diana Lynne (2005), {{ISBN|1-58182-488-2}} * "Terri Schiavo: When Does Personhood End?" in ''The Elements of Bioethics'', Gregory Pence (2007), {{ISBN|978-0-07-313277-8}} * ''Terri: The Truth'' by Michael Schiavo, Michael Hirsh (2006), {{ISBN|0-525-94946-1}} * ''A Life That Matters: The Legacy of Terri Schiavo{{snd}}A Lesson For Us All'' by Mary and Robert Schindler (2005), {{ISBN|0-446-57987-4}} ==External links== ; Compilations These are compilations of legal documents relating to the Schiavo case: * [http://news.findlaw.com/legalnews/lit/schiavo/ Findlaw's compilation] * [http://bioethics.miami.edu/research-and-clinical-ethics/terri-schiavo-project/timeline-of-key-events/part-1/index.html The University of Miami Ethics Programs' compilation] {{Webarchive|url=https://web.archive.org/web/20141116010101/http://bioethics.miami.edu/research%2Dand%2Dclinical%2Dethics/terri%2Dschiavo%2Dproject/timeline%2Dof%2Dkey%2Devents/part%2D1/index.html |date=November 16, 2014 }} ; Information sites * Conigliaro, Matt, Esq., Editor of "Abstract Appeal" Legal Blog. (2005). [http://abstractappeal.com/schiavo/infopage.html The Terri Schiavo Information Page] {{Webarchive|url=https://web.archive.org/web/20050401033938/http://abstractappeal.com/schiavo/infopage.html |date=April 1, 2005 }}. Retrieved 2005-08-31. * [http://www.hospicepatients.org/ Hospice Patients Alliance]. Retrieved 2005-08-30. Includes the initial 1999 [https://web.archive.org/web/20060103175629/http://www.hospicepatients.org/police-report-02-25-90-terri-schiavo-collapse.pdf police report] (PDF). * [https://avemariauniversity.contentdm.oclc.org/digital/collection/p17148coll17 Terri Schiavo Archive] Canizaro Library. 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