Court rules Schiavo can let wife die

The parents of Terri Schiavo say they will continue fighting to keep their daughter on life support even though she has been in a persistent vegetative state for 11 years.

By ANITA KUMAR

© St. Petersburg Times, published January 25, 2001

For the second time in a year, a court has ruled that Terri Schiavo's life support can be removed by her husband, perhaps signaling a final chapter in a St. Petersburg right-to-die case that has garnered national publicity.

Her parents vowed Wednesday to continue their fight to keep their daughter alive.

Mrs. Schiavo, who has spent 11 years in a persistent vegetative state, would die one to two weeks after her feeding tube was removed, her doctors say.

In a ruling issued Wednesday, the 2nd District Court of Appeal upheld a Pinellas judge who said last year that he found convincing evidence that Schiavo, now 37, would not want her life prolonged by a feeding tube.

"The trial court made a difficult decision after considering all of the evidence and the applicable law," according to the court's nine-page decision. "We conclude that the trial court's decision is supported by competent, substantial evidence and that it correctly applies the law."

Mrs. Schiavo's husband, Michael, who works nights as a respiratory therapist, was sleeping when his attorney, George Felos, called Wednesday with the news.

"He was relieved," Felos said. "We believe that this decision is very thoughtful and well-reasoned and follows the law. . . . It's certainly a big step closer to allowing (Terri) to make a transition."

Felos said he will talk to Michael Schiavo about removing the life support.

Under last year's ruling by a Pinellas judge, the feeding tube cannot be removed until 30 days after all appeals have been exhausted. But Schiavo could ask a judge to allow him to remove the tube earlier.

Mrs. Schiavo's parents, Bob and Mary Schindler, who say they are financially strapped because of their eight-year fight, said through their attorney they would appeal.

A reversal of a ruling made by a Circuit Court, then upheld by an appellate court, would be unusual, but the attorney for the Schindlers said they plan to press on.

"We are of the strong view that the opinion did not satisfactorily address the arguments raised, nor did the court in our view correctly apply the law," attorney Robert Merkle said in a statement. "We trust that the court, upon further consideration and reflection, will ultimately agree the lower court's ruling cannot stand on this record."

The Schindlers had asked the court to reverse the decision to remove life support or grant a new trial because of mistakes by the judge, a failure to get "clear and convincing evidence," and contradictory statements.

The appellate court issued its decision more than two months after hearing arguments from both sides in November.

"It is a very sad day for the Schindlers and for Terri Schiavo," said Pam Campbell, the Schindlers' attorney during the trial. "I'm sure this isn't over."

The Schindlers have 10 days to ask the appellate court to reconsider its decision. If the court declines, they will appeal to the Florida Supreme Court, Merkle said.

But Felos said the state Supreme Court does not have to hear the case and will only do so if the justices know of a specific reason they should.

For example, they might take the case if the 2nd District Court of Appeal's decision conflicts with a decision by another appellate court, Felos said.

Mrs. Schiavo collapsed at her St. Petersburg home on Feb. 25, 1990. Her heart stopped beating, and she was deprived of oxygen for five minutes.

Although able to breathe on her own, her doctors say she is in a persistent vegetative state. They say she is unaware of what is happening around her and that her motions and sounds are based on reflex only -- and will never improve.

But her parents dispute that, saying she responds to sounds, sights, even jokes and might get better one day.

Last February, Pinellas-Pasco Circuit Judge George Greer agreed Mrs. Schiavo was in a persistent vegetative state when he granted Michael Schiavo permission to remove the feeding tube.

"Unless an act of God, a true miracle, were to re-create her brain, (Terri) will always remain in an unconscious, reflexive state, totally dependent upon others to feed her and care for her most private needs," the 2nd District Court of Appeal agreed in its ruling Wednesday.

If her feeing tube is removed, the Schindlers say their daughter would starve to death, but Felos said she would suffer a chemical imbalance in her blood and just "fade away."

The Schindlers and Schiavo have been feuding since 1993. Each side has accused the other of trying to control Mrs. Schiavo's fate in an attempt to get $700,000 she received in 1993 from a malpractice suit.

Schiavo and Felos said they have offered repeatedly to donate to charity the $700,000 he stood to inherit upon her death if only they would allow removal of her feeding tube. But the Schindlers strongly oppose that statement, saying their son-in-law never legitimately offered the money.

The court cannot tell Schiavo what to do with the money, but it recommended the remaining money be given to "a suitable charity as a lasting memorial."

"We see no evidence in this record that either Michael or the Schindlers seek monetary gain from their actions," the appellate court decision reads. "If anything is undeniable in this case, it is that (Terri) would never wish for this money to drive a wedge between the people she loves."

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