- "The state must protect every Floridian's right
to life, and in so doing, err on the side of life. As governor, I will
continue to do just that." --Jeb Bush
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- CLEARWATER, Fla. (Reuters)
- A court-appointed guardian for a brain-damaged Florida woman at the center
of a controversial right-to-die case said on Tuesday she was unlikely to
recover but recommended she be given swallowing tests to determine if she
could eat on her own.
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- Dr. Jay Wolfson was named as guardian ad litem on Oct.
31 to make recommendations on the treatment of Theresa Schiavo, whose plight
prompted the Florida legislature and Gov. Jeb Bush to intervene to prolong
her life.
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- Schiavo has been kept alive by a feeding tube since she
had a heart attack in 1990. The tube was removed on Oct. 15 under a court
order granted to her husband Michael, who said she would not want to continue
living in her condition.
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- But her parents, Robert and Mary Schindler, appealed
to the Florida legislature, which passed a special bill on Oct. 21 signed
by Gov. Bush to reinsert the tube.
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- The bill, called "Terri's law," also called
for the appointment of an independent guardian to make a report to Bush.
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- Wolfson, a medical professor at the University of South
Florida and a lawyer, said he visited Schiavo several times and concluded
that any behavior she exhibits is reflexive, rather than from any conscious
action.
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- "The guardian ad litem concludes from the medical
records and consultations with medical experts that ... she is in a persistent
vegetative state with no likelihood of improvement," Wolfson said
in his report.
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- The Schindlers say Theresa, who will turn 40 on Wednesday,
responds to them and might learn to feed herself with therapy.
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- Wolfson said there could be value in swallowing tests
and therapy being administered if Michael Schiavo and the Schindlers agree
in advance on how the tests will be used.
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- Wolfson also recommended a permanent guardian ad litem
be appointed for Theresa. Michael Schiavo, who is his wife's legal guardian,
has filed a lawsuit against Gov. Bush, challenging the law restoring feeding
tube as unconstitutional.
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- Bush said in a statement that he welcomed Wolfson's recommendations
that Schiavo be given swallowing therapy. He said there was nothing in
the report to make him believe Theresa Schiavo should be allowed to die.
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- "The state must protect every Floridian's right
to life, and in so doing, err on the side of life. As governor, I will
continue to do just that," Bush said.
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