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Terri Schiavo's Parents Lose Appeal on Feeding Tube (Correct)

By Greg Stohr and Laurence Viele Davidson

(Corrects in 11th paragraph that amended complaint was filed in federal court.)

March 23 (Bloomberg) -- A federal appeals court rejected a plea by Terri Schiavo's parents that doctors be ordered to reinsert the feeding tube that has kept their brain-damaged daughter alive.

The full 11th U.S. Circuit Court of Appeals in Atlanta, hours after receiving the request from Bob and Mary Schindler, voted 10- 2 to deny it, leaving intact a three-judge panel's decision. The parents have the option of taking their case to the U.S. Supreme Court in Washington.

Schiavo, 41, suffered severe brain damage in 1990 when her heart stopped because of a chemical imbalance. Her husband and legal guardian, Michael Schiavo, successfully petitioned Florida courts to remove her feeding tube in accord with what he said were her wishes not to be kept alive artificially.

``When I close my eyes at night, all I can see is Terri's face in front of me dying,'' Mary Schindler said outside her daughter's hospice room in Pinellas Park, Florida, before the appeals court ruled. ``Please let my daughter live.''

Schiavo's feeding tube was removed last week after seven years of legal battles in Florida state courts. Congress and President George W. Bush then took extraordinary action, authorizing a federal court lawsuit by her parents. Medical experts say she may be able to survive until the end of the month without food or water.

Florida Governor Jeb Bush, the president's brother, said at a press conference today a new diagnosis of Schiavo suggests she is in ``a state of minimal consciousness'' rather than the ``persistent vegetative state'' her court-appointed doctors have diagnosed.

`New Information'

``This new information raises serious concerns and warrants immediate action,'' Governor Bush said. ``If there's any uncertainty, we should err on the side of protecting her. We're exhausting all executive options and are continuing to work with the Florida legislature to save Terri's life.''

Following today's court rulings, the Florida Senate defeated a bill, 21-18, to authorize reattachment of the feeding tube.

``We are all very distressed by what is happening,'' Bush said.

An affidavit with information on the possible misdiagnosis of Schiavo will be filed with the courts, Bush said. In conducting the new examination, the state's Adult Protective Services department was responding to new allegations of neglect, state officials said. A doctor for the state stood by Schiavo's bedside for about an hour recently, viewed videotapes of her and reviewed medical records, Bush said.

Amended Complaint

Separately, the Schindlers filed an amended complaint in federal court, a move that might let them file a new motion for a temporary restraining order. The new complaint invokes the Americans with Disabilities Act.

In addition, the Florida Department of Children and Family Services filed a request in Florida state court to unseal financial records connected to the case. Those records ``would be relevant to the department's statutory duty to investigate allegations of abuse, neglect and/or exploitation,'' the motion said.

The three-judge 11th Circuit appeals panel that ruled in the early morning hours today said the Schindlers ``failed to demonstrate a substantial case on the merits of any of their claims.''

``There's no denying the absolute tragedy that has befallen Mrs. Schiavo,'' the court's 2-1 ruling said. ``We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law. In the end, and no matter how much we wish Mrs. Schiavo had never suffered such a horrible accident, we are a nation of laws.''

Nineteen Judges

The appeals court upheld a ruling yesterday by a federal judge in Tampa. In the last seven years, 19 Florida judges have heard the case and all sided with Michael Schiavo.

Michael Schiavo asked the courts to let his wife die after doctors told him there was no hope she would recover from a vegetative state. A state court ordered removal of the feeding tube on March 18.

The Supreme Court in January refused to hear an appeal by Jeb Bush that sought to revive a state law aimed at prolonging Schiavo's life. Last week, the high court again refused to get involved, rejecting requests from the Schindlers from and a U.S. congressional committee.

When those efforts failed, Congress returned to Washington from recess to pass the law authorizing the federal courts to act. President Bush came back from vacation to sign it.

Polls indicate those efforts may be backfiring on Republicans politically. A telephone survey by ABC News of 501 adults found that 70 percent considered the congressional action inappropriate while 27 percent said it was appropriate.

A USA Today telephone poll of 620 adults found that 52 percent agreed with U.S. District Judge James Whittemore's decision not to order the feeding tube reinserted, compared with 39 percent who disagreed.

To contact the reporter on this story: Greg Stohr gstohr@bloomberg.net.

Last Updated: March 23, 2005 17:22 EST

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