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Friday, April 3, 2020

WTE: Who is worthy of life, and who gets to decide?

Theresa Maria Schindler should be in her 57th year of life. Instead, her cremated remains are buried at Sylvan Abby Memorial Park in Clearwater, Florida. A granite headstone marks the spot.

The epitaph reads, “Schiavo | Theresa Marie | Beloved wife | born December 3, 1963 | Departed this earth | February 25, 1990 | At peace March 31, 2005 | I kept my promise.” These are not the words of her parents. The stone was engraved by her one-time, two-timing husband, Michael Schiavo.

They say that history is written by the victors. Michael Schiavo was, certainly, the legal victor in this case. Theresa was the victim, but not the only one. She was robbed of her life, but her family was also robbed of her life. In fact, we all were.

The epitaph tells Michael Schiavo’s version of history. His claim that she “Departed this earth” on February 25, 1990 refers to the morning that he found his wife lying face-down in the hallway of their home in St. Petersburg, Florida.

When the paramedics arrived, they immediately restarted her heart and respiration. Initially, her breathing was assisted by intubation and a breathing machine. Before long, these were removed, and she could again breathe on her own.

Terri awoke with significant brain damage. Swallowing was difficult, but not impossible. She slept and woke up. She had basic reflexes and was able to open and move her eyes. She could also make noises with her voice and smile. Despite all this, her tombstone claims that she “Departed this earth.”

That claim was never even made until several years had passed. At first, her husband took Terri for experimental rehabilitation. He also filed two medical malpractice suits against her doctors. These worked their way through the courts until the fall of 1992.

Two and a half years after she “Departed this earth,” Michael Schiavo received $300,000, plus a $750,000 trust fund set up for Terri’s ongoing care. At about this same time, he began dating Jodi Centonze. After this, he began withdrawing medical care.

When Terri developed a common urinary tract infection, he directed two different nursing centers to withhold antibiotic treatment. By 1997 he began legal maneuvers to remove food and water.

The world should know two simple facts. First, for more than two years everybody involved in Terri’s care treated her as a living human being who fully occupied planet earth. Second, there was no change in Terri’s status that prompted a change in her treatment. The only discernible changes happened to her husband.

Some doctors claimed that Terri was in a “persistent vegetative state.” Nobody has ever seen a vegetable in a state of wakefulness. Potatoes do not blink and move their eyes. Peas and carrots are not widely known to smile and make vocal sounds.

It is not obvious why “vegetative” is more accurate than “subconscious,” or some other term describing a person who is awake but lacking in typical signs of consciousness. One thing is certain, though, vegetative is an intentionally dehumanizing term.

During Michael’s decade-long fight to kill his wife, he lived with his lover and fathered two children. Since his marriage vows promised “to forsake all others and remain united to her alone,” Terri’s family filed for divorce on her behalf. They hoped this would give them legal guardianship to care for her life.

Even though her court-appointed guardian testified that Michael had a conflict of interest the court denied their petition. That they wanted her to live while he wanted her to die seemed not to matter.

During all this time, Terri was receiving the least-possible care. Yet, her condition was not getting any worse. This is key. Michael’s desire to starve her was not because he saw her health was declining but because he judged her improvement insufficient.

By that brutal measure, who is worthy of life? And who should have the power to decide? Florida’s legal system granted sole power to Michael and denied repeated attempts to give Terri a voice.

Appeals were made from the Florida circuit court to the U.S. Supreme Court. Both the Florida State Legislature and the U.S. Congress passed laws to give Terri a chance. In the end, all that mattered was the opinion of Pinellas-Pasco County Circuit Court Judge, George Greer. On Friday, March 18, 2005 he gave the final directive to remove her feeding tube. Like today, it was the Friday before Good Friday.

Fifteen years ago this week Theresa Maria Schindler succumbed after two weeks of clinging to life. The story of her unwilling starvation dominated the news throughout Holy Week and Easter of 2005. Far from having departed this earth, she was very much present to the end. That is her true epitaph.

Also published in the Wyoming Tribune Eagle on April 3, 2020.

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