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Comatose Woman's Husband to Fight Feeding

Posted on: Friday, 24 October 2003, 06:00 CDT

The husband of a brain-damaged woman at the center of a legal tug of war between her family members will go to court next week to fight Gov. Jeb Bush's order that reinserted her feeding tube, the husband's attorney said Thursday.

Michael Schiavo, husband of Terri Schiavo, will go back in court Monday to challenge the constitutionality of the governor's actions, attorney George Felos said.

Felos said his client has been bolstered by the outpouring of public support on his behalf.

"He's a fighter, and he's feeling in some ways encouraged," Felos said.

The legal battle is one of the nation's longest and most contentious right-to-die cases. Terri Schiavo has been in what doctors call a "persistent vegetative state" since 1990, when her heart stopped because of a chemical imbalance. Her eyes are open, but doctors say she has no consciousness.

Michael Schiavo contends that his wife told him she would rather die than be kept alive artificially, but family members dispute that. They believe she still could recover and have fought Michael Schiavo in court for a decade.

The tube was removed by a court order on Oct. 15, but the Legislature this week rushed through a bill designed to keep Terri Schiavo alive. Bush quickly invoked the law and ordered the feeding tube reinserted.

Felos said he plans to argue the new law violates an individual's right to refuse medical care.

Meanwhile, Terri Schiavo's parents and brother visited her for more than an hour Thursday in the hospice where she was transferred after the tube was reinserted.

"Terry is great, absolutely great. She has her color back. She's tired, but she just looks wonderful," said her father, Bob Schindler. "I think she's out of harm's way."

The night before, Terri appeared drawn and her eyes were rimmed with red, Schindler said.

Schindler said he asked his daughter if she wanted him to give her a kiss, and that she replied: "Uh-uh."

While her parents contend she responds to them, medical experts have testified that her expressions and utterances are involuntary reflexes.

The law approved this week requires that a guardian be appointed to represent Terri Schiavo's interests in court. Both sides were given five days to agree on a guardian. If they can't agree, the judge will appoint one.

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