HealthLawProf Blog

Editor: Katharine Van Tassel
Akron Univ. School of Law

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Saturday, March 26, 2005

Schindlers Announce Abandonment of Federal Appeals

After yesterday's 11th Cir. rejection of the emergency stay request by Terri Schiavo's parents, the Schindlers filed another request for emergency relief with state judge Geroge Greer.  The motion was based upon three allegations:

  1. Affidavits from attorney Barbara Weller and Suzanne Vitadamo stating that they observed Terri Schiavo attempt to repeat the words "I want to live" (with the sounds "ahhhhhhh" and "waaaaaaaa").  The affidavits were executed March 22 and allege this "conversation" occurred on March 18, days before the filings in federal and state trial courts this week.
  2. An affidavit from an inventor whose device (in the words of Judge Greer) "would allegedly allow permit a person such as Terri Schiavo to communicate 'using the modulated equivalent of prevocalized thoughts' which would then be translated into words using pattern recognition software. It is clear that this device is for persons with cognitive ability whose ability to vocalize is lost.  Terri Schiavo is just the opposite."  Moreover, the inventor offered no opinion as to the likelihood of success if his invention were deployed.
  3. An affidavit from a physician stating that Terri Schiavo might benefit from hyperbaric therapy, a suggestion that was litigated and decided in 2002.

At 11:45 a.m. (EST) today, Judge Greer denied the Schindler's motion.  Meanwhile, the Schindlers were reported to be undecided about whether to challenge Judge Greer's ruling and to have decided against any further federal appeals. [tm]

http://lawprofessors.typepad.com/healthlawprof_blog/2005/03/schindlers_anno.html

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