Several weeks ago, when I asked attorney Pat Anderson what she
thought of a new court appointed guardian for Terri Schiavo she
was extremely skeptical. “I’m not happy with his background in
end of life issues. I just don’t feel comfortable,” she told me
outside the Hospice center where Terri is being cared for.
Today, Anderson should thank her lucky stars. Dr. Jay Wolfson
may be the guardian angel everyone has been praying for, or at
least that’s the way it appears to me. He’s not God and he’s not
hell bent on being a martyr for the Pro-life movement or being
an advocate for the right to die. He is an extremely intelligent
man, a doctor and a lawyer, who has put together a gutsy plan
that could resolve this issue maybe once and for all.
Wolfson was appointed by a Pinellas county judge to serve as
Terri’s guardian ad litem after the legislature decided, in
clear violation of the constitution, to create a law that gave
Governor Bush the authority to re-insert Terri’s feed tube. A
teaching professor at no less than 3 of the state’s medical
colleges, Wolfson jumped in with both feet. He exhaustively
reviewed all of the court records and rulings from more than 19
different judges who’ve presided over parts of this incredibly
complicated mess for the past ten years. He also masterfully
waded through all the publicity and hype and legislative
posturing. And, most amazingly, used his powers of perception to
sort through the spinning both Michael Schiavo and Bob and Mary
Schindler have been involved in from day one.
On page 37 of his 42-page report released Tuesday in Pinellas
County, he is blunt. At times neither Michael Schiavo or the
Schindlers acted in the best interests of Terri. “As a
consequence of this circumstance, extensive urban mythology has
created toxic clouds, causing the parties and others to behave
in ways that may not, in the order of things, serve in the best
interests of the ward.” In short, as I have written before,
there is no evidence that Michael is in it for the money, or
that at any time he actually abused Terri and seeks to hide
it. There is also no evidence, as Michael has contended, that
the Schindlers are willing to do anything, including cut off
Terri’s limbs if necessary to keep her alive.
Throughout the report Dr. Wolfson documents that all of the
legal actions thus far taken by Michael are firmly rooted in
case law. Terri IS in a persistent vegetative state and is
unable to take nourishment by mouth. Any hopes of a miraculous
recovery are based purely on undocumented and nonvarifiable
opinions of those on the medical and scientific fringe.
However, having stated what should be the obvious to anyone who
has truly followed this case and not the hype surround it, Dr.
Wolfson says, in order for Terri’s interests to be represented
additional testing MAY be in her best interests.
To quote again from page 37 of Dr. Wolfson’s report to Governor
Bush: “Until and unless there is objective, fresh, mutually
agreed upon closure regarding measurable and well accepted
scientific bases for deducing Terri’s clinical state, Terri
will not be done justice. There must be at least a degree of
trust with respect to the process that the factions competing
for Terri’s best interest can agree. To benefit Terri, and
in the overall interests of justice, good science, and public
policy, there needs to be a fresh, clean-hands start.”
I hope you can set aside your emotions in this case long enough
to understand the wisdom in this statement. This isn’t about
Randal Terry and the Pro Life movement. This isn’t about how
many e-mails talk radio can generate on behalf of a woman nobody
even heard about one year ago. This isn’t about trying to create
a Frankenstein out of her husband. This isn’t about pulling a
tube and starving someone to death. This isn’t about a bunch of
come-lately lawmakers trying to score a few points and votes in
their upcoming run for the senate. This is about establishing a
process that will fairly and accurately establish Terri’s
medical state once and for all.
Now here’s the little tidbit of new information in this case.
Dr. Wolfson, again in his wisdom, attempted to resolve this
issue with a memorandum of understanding that spelled out in
detail how this matter of Terri’s medical condition could be
resolved. In short, Dr. Wolfson would be granted the authority
to exercise his judgment in assembling a panel of independent
experts to scientifically evaluate ALL aspects of Terri’s
condition. All of their findings would be kept from the public.
Both parities would agree on a set of standards of
interpretation before the tests are conducted. All of the costs
associated with this extensive evaluation would be paid for by
the state since this action was initiated by the state. Both
parties would request the Court accept and honor this
understanding in the interests of justice. And finally, if both
parties still can not agree on the information gathered and
presented the good faith process could be abandoned.
Sadly, this sane process was rejected by both parties and the
Governor just hours before the document was to be signed on
November 30th. Michael Schiavo doesn’t want to give up because
he’s convinced Terri wants to die. The Schindlers won’t agree to
abide by the results of the tests because they want Terri alive,
period. The Governor understands politics and this case is a
huge vote getter. He wants full control and a win. Let’s face
it. No one gives a whip about Terri, it’s all about agendas.
So who is looking out for Terri Schiavo now? Is it possible that
a man, a stranger, who has no interests in this case other than
seeing justice done, is the only one whose vision for Terri
isn’t clouded?
To his credit, Dr. Wolfson has asked to remain as Terri’s
guardian ad litem hoping the courts may allow some limited
testing. There’s a good bet he’s also praying the courts don’t
declare Terri’s law unconstitutional. If they do, all this work
is for naught.
Dr. Wolfson is a man of science and compassion who understands
what’s truly at stake here and understands his charge. No, it’s
not public policy or warring family or political factions. It’s
a 39 year-old woman who lies in a bed trapped by her disabled
body, trapped by the uncertainty of no written directive,
trapped by the lawyering that, with the advent of the
legislature and the Governor, could drag on for years and years
leaving Terri, in Wolfson’s words, “in the continued netherworld
of the unresolved.”
Al Ruechel, Copyright 2003, All
Rights Reserved
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