SCHINDLER FAMILY TURNS TO FEDERAL COURTS IN ATTEMPT TO SAVE DAUGHTER

By Dave Andrusko

Blocked at every turn by courts in Florida, the parents of Terri Schindler-Schiavo have taken their battle to save their 39-year-old brain-damaged daughter to the federal courts. However, U.S. District Judge Richard A. Lazzara showed little interest in intervening at the initial hearing September 2, according to the Associated Press (AP) and the Orlando Sentinel.

Although highly skeptical, Lazzara gave Robert and Mary Schindler 10 days to amend a lawsuit that they filed August 30 "in what their lawyer admitted was haste caused by fear that their daughter might die from illness during the weekend," according to the AP.

However, Lazzara refused to block a September 11 hearing in which Pasco Circuit Court Judge George Greer will schedule the date for the removal of Terri Schindler-Schiavo's feeding tube, the AP reported. But "both sides agreed that Greer probably will schedule the feeding tube removal far enough into the future to allow Lazzara time to consider the new federal lawsuit," the Sentinel reported.

Adding additional urgency is that Terri has been hospitalized with severe infections, high temperatures, and congested lungs. The family alleged that Terri's husband has "blocked his wife from getting proper medical care during the weekend" (of August 30-31), according to the Sentinel, a charge he denied.

The basic issue is the long-standing fight between Terri's parents and her husband/ guardian Michael, who argues that his wife would want the tube through which she is fed removed, according to the AP. He also argues that Terri is in a persistent vegetative state (PVS), the Sentinel reported. Judge Greer agrees.

But as Wesley Smith explained in an article that appeared on nationalreview.com

, "Under Florida law, this means that Terri exhibits no voluntary action or cognitive behavior of any kind and is unable to communicate or interact purposely with the environment."

The Schindlers maintain that Terri responds to them when they are in her presence and have added videos of Terri responding at their web site www.terrisfight.org. In addition, as Smith wrote,

"Dr. William Hammesfahr, a world-renowned expert in cases such as Terri's - - and a Nobel Prize nominee - - testified that Terri is not in a PVS. He also testified that he believes he could help her improve her circumstances through proper medical treatment. Ten other physicians have testified or given statements that Terri is not unconscious. Judge Greer instead chose to believe contrary testimony by a doctor who rarely sees Terri and another doctor who makes an avocation of testifying in cases such as Terri's throughout the country, always on the side of dehydration."

All accounts of the emergency hearing emphasized that "Lazzara openly doubted whether he has jurisdiction to intervene in a right-to-die case that has been winding through state courts for five years," as the Sentinel phrased it. Lazzara labeled the federal lawsuit a "quintessential shotgun pleading,'' but added, "given the importance of what's at stake here, I'm going to proceed.'' Two lawyers argued the case for the Schindlers: Pat Anderson and New Jersey lawyer Christopher A. Ferrara, who is with the American Catholic Lawyers Association.

Ferrara characterized the husband as a "rogue guardian," who had "repeatedly violated his wife's rights under federal laws by withholding treatment and rehabilitative therapy," the AP reported.

"[The Schindlers] are about to lose their daughter because no one wants to put a teaspoon of Jello to her mouth," said Ferrara, according to the Sentinel. "It's insane."

Ferrara was evidently referring to efforts by the Schindlers to have tests conducted to prove what they believe to be true: that if the feeding tube were removed, Terri could take food by mouth.

The husband's attorney, George Felos, told the court that the issue of whether Terri could be spoon-fed "has been a constant and recurring subject in state court,'' the Sentinel reported. According to the Sentinel, the family fears "that once a state court orders Terri Schiavo's feeding tube removed," the husband "will block any attempt by the Schindlers to feed her by mouth."

The family's 24-page complaint filed August 30 alleged that the husband, Morton Plant Hospital, and the Hospice of the Florida Sun Coast "had violated three federal statutes - - the Americans with Disabilities Act, the Rehabilitation Act of 1973 and the Emergency Medical and Active Labor Act - - as well as Terri's First, Fifth, and 14th Amendment rights. Attorney Felos was named as a non-party co-conspirator," according to WorldNetDaily.

The husband and his attorney "combined and conspired to deprive Terri of her constitutional and civil rights," the complaint reads.

Pat Anderson said while a federal district court cannot overturn a state court decision, it can insist federal laws are followed.

"For example, the judge can order therapy for Terri," she told WorldNetDaily. "Under the Americans with Disabilities Act she has a right to therapy. Every day that goes by without therapy is a fresh violation of her ADA right."

Pamela Hennessy, a volunteer spokesperson for the family, told WorldNetDaily, "Terri has a lot of fight in her." Hennessey added, "She survived the weekend against all odds, and the Schindlers maintain this shows she has a strong determination and desire to keep on living. They are convinced that Terri is fighting for her life, but she's not yet out of the woods. They say it is nothing short of miraculous that she is pulling through."