1 00:00:00,647 --> 00:00:05,189 [music] 2 00:00:05,189 --> 00:00:09,935 >>In the debate over a sick patient's right to die, there has rarely, if ever, been a case 3 00:00:09,935 --> 00:00:13,808 like the one in Florida. >>In 2003, America watched 4 00:00:13,808 --> 00:00:17,918 as a private family struggle became a very public feud. 5 00:00:17,918 --> 00:00:22,841 >>Terri Schiavo's husband and her parents in Florida have been fighting for a long time 6 00:00:22,841 --> 00:00:25,919 about whether her feeding tube should be disconnected. 7 00:00:25,919 --> 00:00:29,913 >>And a personal battle eventually sparked a political firestorm. 8 00:00:29,913 --> 00:00:34,834 >>I'm asking you, isn't she being murdered? >>...an extraordinary session here on Capitol Hill. 9 00:00:34,834 --> 00:00:37,702 >>Tonight this Congress is about to commit a travesty. 10 00:00:37,702 --> 00:00:41,337 >>Today, we're still grappling with end-of-life issues, but will 11 00:00:41,337 --> 00:00:46,339 scientific advancements help to clarify them, or only make them more complicated? 12 00:00:46,339 --> 00:00:51,508 >>Some patients who appear to be entirely vegetative are actually quite the opposite. 13 00:00:51,508 --> 00:01:01,485 [music] 14 00:01:01,485 --> 00:01:05,533 >>[Narrator] Terri Schiavo's case started long before the cameras appeared. 15 00:01:05,533 --> 00:01:10,608 It was February of 1990 when the 26-year-old suffered a cardiac arrest. 16 00:01:10,608 --> 00:01:12,314 >>[Bobby Schindler, her brother] She went several minutes without oxygen 17 00:01:12,314 --> 00:01:16,691 from her collapse and experienced a profound brain injury. 18 00:01:16,691 --> 00:01:20,719 The first couple days, doctors didn't know if she was going to live or die. 19 00:01:20,719 --> 00:01:24,609 >>[Narrator] Lack of oxygen left Schiavo with severe brain damage and in what 20 00:01:24,609 --> 00:01:29,728 doctors call a persistent vegetative state, or PVS, a condition in which 21 00:01:29,728 --> 00:01:34,107 the parts of the brain that control thinking and awareness are damaged or destroyed. 22 00:01:34,107 --> 00:01:40,275 Only the brain stem, which controls basic reflexes like breathing, remains. 23 00:01:40,275 --> 00:01:45,218 Initially, Terri's husband and parents cared for her together, exploring potential 24 00:01:45,218 --> 00:01:47,716 treatments and rehabilitation. 25 00:01:47,716 --> 00:01:53,669 But, 4 years after her collapse, Michael Schiavo says doctors gave him a grim prognosis. 26 00:01:53,669 --> 00:01:56,747 >>[Michael Schiavo] It was to a point where Terri wasn't going to function. 27 00:01:56,747 --> 00:02:01,169 There was nothing more, and they told us, her mother was sitting right there at the time, 28 00:02:01,169 --> 00:02:03,574 there was nothing more they could do for Terri. 29 00:02:03,574 --> 00:02:08,599 >>[Narrator] In 1998, Michael Schaivo petitioned to have his wife's feeding tube removed, 30 00:02:08,599 --> 00:02:12,829 saying she had told him and others she wouldn't want to live in this condition. 31 00:02:12,829 --> 00:02:17,052 Her parents, Bob and Mary Schindler, fought desperately to keep her alive, 32 00:02:17,052 --> 00:02:20,539 insisting that removing her feeding tube would be tantamount to murder. 33 00:02:20,539 --> 00:02:24,732 >>[Bobby] People think Terri was in a coma, she was brain dead, that she was terminal. 34 00:02:24,732 --> 00:02:29,311 Terri was not dying. Terri had a profound brain injury. And our family wanted to 35 00:02:29,311 --> 00:02:32,916 care for her just they was she was. >>[Narrator] With no living will 36 00:02:32,916 --> 00:02:37,088 expressing her wishes, it was up to the state courts to decide Terri's fate. 37 00:02:37,088 --> 00:02:39,638 >>[Dr. Arthur Caplan] They went to court more than anybody 38 00:02:39,638 --> 00:02:44,054 has ever gone to court, in my experience, in fighting about an end-of-life care case. 39 00:02:44,054 --> 00:02:46,621 >>[George Felos, Michael's attorney] This was probably the most litigated 40 00:02:46,621 --> 00:02:48,718 case that I can think of. 41 00:02:48,718 --> 00:02:52,544 We were up and down the Federal court system, the state court system, many, many times. 42 00:02:52,544 --> 00:02:56,954 >>[Narrator] At least 19 judges heard the case through various appeals and the 43 00:02:56,954 --> 00:03:01,467 decisions were all ultimately in Michael Schiavo's favor. Going back to the original 44 00:03:01,467 --> 00:03:05,385 court ruling that said that there was "clear and convincing evidence" that 45 00:03:05,385 --> 00:03:09,969 Terri would not want to be kept alive and that her feeding tube should be removed. 46 00:03:09,969 --> 00:03:17,710 >>[Michael] She told me what she wanted and the courts heard it, over and over and over again. 47 00:03:17,710 --> 00:03:21,218 >>[Narrator] For Terri's parents, the legal decisions were devastating. 48 00:03:21,218 --> 00:03:30,510 The appeal to the media and the public: >>[Mary] Please, please, please, save my little girl. 49 00:03:30,510 --> 00:03:35,682 >>[Dr. Caplan] They became a cause, they got picked up by talk radio, they had 50 00:03:35,682 --> 00:03:40,703 religious groups weighing in on their behalf. >>[praying] Spare this innocent child. 51 00:03:40,703 --> 00:03:44,650 >>[Dr. Caplan] There was a fear, across the board, of euthanasia, assisted suicide, 52 00:03:44,650 --> 00:03:50,169 abortion, and abandonment of the disabled, if you will. That's what a lot of the 53 00:03:50,169 --> 00:03:54,712 motives were that drove those who rallied to the side of Terri's parents. 54 00:03:54,712 --> 00:03:57,634 >>[Randall Terry, Operation Rescue] To deliberately starve her to death 55 00:03:57,634 --> 00:04:00,903 is an act of cruelty, and ultimately it's murder itself. 56 00:04:00,903 --> 00:04:05,463 >>[Bobby] Terri touched a nerve with so many people because they saw a family who 57 00:04:05,463 --> 00:04:07,695 was willing and wanting to care for her. 58 00:04:07,695 --> 00:04:10,055 They didn't understand why they weren't being allowed to do that. 59 00:04:10,055 --> 00:04:12,963 >>[Narrator] On both sides... >>[Crowd] Let Terri live! Let Terri live! 60 00:04:12,963 --> 00:04:17,530 >>[Narrator] ...emotions ran high. >>[man] No one would want to live this way. 61 00:04:17,530 --> 00:04:22,337 >>Twenty times in court! Twenty times! >>This is the Roe vs. Wade of euthanasia. 62 00:04:22,337 --> 00:04:26,883 >>[Michael] I used to say, "What are these people doing? Why Terri?" People's feeding 63 00:04:26,883 --> 00:04:32,506 tubes are removed every day. To this day I don't know why, but it was very surreal. 64 00:04:32,506 --> 00:04:34,784 >>[Oprah] Should Terri Schiavo live or die? 65 00:04:34,784 --> 00:04:39,846 >>[reporter] What evidence is there that this woman has any brain function or not? 66 00:04:39,846 --> 00:04:44,023 >>[Narrator] Michael Schiavo believes the media fanned the flames. Especially after 67 00:04:44,023 --> 00:04:49,131 the Schindlers released a series of videos that they said proved Terri was conscious and aware. 68 00:04:49,131 --> 00:04:51,253 [Terri making guttural vocalizations] >>[Mary] It's Mommy! 69 00:04:51,253 --> 00:04:53,924 >>[Narrator] But, Caplan says the videos were misleading. 70 00:04:53,924 --> 00:04:59,766 >>[Dr. Caplan] It was irresponsible beyond belief that it was run unchallenged and unexamined. 71 00:04:59,766 --> 00:05:03,776 It was too attractive to the media not to use. Here she is! But, it was assembled 72 00:05:03,776 --> 00:05:09,631 selectively and it was staged and it did not indicate what she could do. 73 00:05:09,631 --> 00:05:13,392 >>[Narrator] Caplan says that what looked like intentional responses in Terri were 74 00:05:13,392 --> 00:05:17,516 just reflexes that are common in people in a persistent vegetative state. 75 00:05:17,516 --> 00:05:21,381 >>[Dr. Caplan] A lot of our bodily systems are run off that part of the brain that 76 00:05:21,381 --> 00:05:26,522 Terri still had. That tape used that fact and made it look as if she was thinking and feeling. 77 00:05:26,522 --> 00:05:29,954 >>[Narrator] While most of the doctors who examined Schiavo believed she was in a 78 00:05:29,954 --> 00:05:34,098 vegetative state, not everyone in the medical community agreed. 79 00:05:34,098 --> 00:05:37,805 >>[reporter] There's a total of about 14 specialists in brain injury and stroke, 80 00:05:37,805 --> 00:05:43,053 which is her situation, who have come out to say she is not in PVS, not in a coma, 81 00:05:43,053 --> 00:05:48,079 does respond, is alert, and actually has even the ability to communicate. 82 00:05:48,079 --> 00:05:51,851 >>[Narrator] With each side entrenched, arguments turned to threats. 83 00:05:51,851 --> 00:05:55,854 >>[Felos] It's no fun getting up in the morning and looking under your car before 84 00:05:55,854 --> 00:06:00,625 you start the engine to see if there's a device because you've had people contact 85 00:06:00,625 --> 00:06:04,199 you saying that they're going to blow you to bits if you keep working on this case. 86 00:06:04,199 --> 00:06:08,546 >>[Michael] My house was invaded day in and day out. And these are people pushing 87 00:06:08,546 --> 00:06:14,984 their views on me. And I don't understand that. You have your view on things and you 88 00:06:14,984 --> 00:06:17,285 have your beliefs, that's great. 89 00:06:17,285 --> 00:06:22,069 But, don't stand outside somebody else's house and push that on them. 90 00:06:22,069 --> 00:06:26,095 [crowd chanting] 91 00:06:26,095 --> 00:06:29,996 >>[Narrator] And the more the fight played out in public, the more political it became. 92 00:06:29,996 --> 00:06:33,201 >>[Rep. Sandra Murman] Who's going to look out for this girl's rights? 93 00:06:33,201 --> 00:06:34,798 We have to. 94 00:06:34,798 --> 00:06:39,799 >>[Narrator] In 2003, Florida legislators passed "Terri's Law," which gave Governor 95 00:06:39,799 --> 00:06:43,533 Jeb Bush the authority to reattach Schiavo's feeding tube. 96 00:06:43,533 --> 00:06:46,890 The tube had been removed by court order 6 days earlier. 97 00:06:46,890 --> 00:06:49,715 >>[Jeb Bush] We did what was right and I'm proud of the legislature for responding. 98 00:06:49,715 --> 00:06:55,082 >>[Narrator] The state law was eventually found to be unconstitutional, but in 2005, 99 00:06:55,082 --> 00:06:58,454 the fight moved to Capitol Hill. >>[reporter] There are extraordinary 100 00:06:58,454 --> 00:07:02,387 events happening in Washington tonight as the U.S. Congress and President move 101 00:07:02,387 --> 00:07:07,307 toward passing a law before morning to intervene in the case of Terri Schiavo. 102 00:07:07,307 --> 00:07:10,596 >>[Narrator] By then, Schiavo's feeding tube had been removed again. 103 00:07:10,596 --> 00:07:14,524 >>[Rep. Tom DeLay] If we do not act she will die of thirst. 104 00:07:14,524 --> 00:07:18,122 >>[Narrator] Conservative law makers led the charge to pass a law that would give 105 00:07:18,122 --> 00:07:22,117 Terri's parents the chance to continue their fight in Federal court. 106 00:07:22,117 --> 00:07:26,380 >>[Sen. Bill Frist] These are extraordinary circumstances that center on the most 107 00:07:26,380 --> 00:07:32,688 fundamental of human values and virtues, the sanctity of human life. 108 00:07:32,688 --> 00:07:38,229 >>[Narrator] Opponents argued that politicians had no place interfering in personal medical decisions. 109 00:07:38,229 --> 00:07:40,734 >>[Rep. Debbie Schultz] Do we really want to insert ourselves 110 00:07:40,734 --> 00:07:44,769 in the middle of families' private matters all across America? 111 00:07:44,769 --> 00:07:48,309 >>[Rep. Jim Davis] This Congress should respect the law and the rulings of courts 112 00:07:48,309 --> 00:07:50,668 and not trample the Constitution. 113 00:07:50,668 --> 00:07:53,568 >>[Narrator] After a late night emergency session of Congress... 114 00:07:53,568 --> 00:07:58,232 >>For the relief of the parents of Theresa Marie Schiavo... 115 00:07:58,232 --> 00:08:03,790 >>[Narrator] The bill came to a vote. >>203 yays, 58 nays. The bill is passed 116 00:08:03,790 --> 00:08:08,474 and without objection a motion to reconsider is laid upon the table. 117 00:08:08,474 --> 00:08:12,963 >>[Narrator] The bill was then rushed over to President Bush, who signed it after midnight. 118 00:08:12,963 --> 00:08:17,003 But, the law wasn't enough. A Federal judge refused to order the feeding tube 119 00:08:17,003 --> 00:08:21,971 reinserted because he found the arguments were unlikely to succeed in Federal court. 120 00:08:21,971 --> 00:08:28,645 The Schindler family kept appealing to no avail. And on March 31, 2005, the long, 121 00:08:28,645 --> 00:08:33,354 painful, public struggle was over. >>[reporter] The end came this morning 122 00:08:33,354 --> 00:08:38,640 for Terri Schiavo and her husband's lawyer said she died peacefully 13 days after her 123 00:08:38,640 --> 00:08:42,297 feeding tube was removed. >>[Bobby] Terri, we love you dearly, 124 00:08:42,297 --> 00:08:49,217 but we know that God loves you more than we do. We must accept your untimely death as God's will. 125 00:08:49,217 --> 00:08:54,301 >>[Narrator] Schiavo's autopsy eventually confirmed what had been so hotly contested 126 00:08:54,301 --> 00:09:00,325 for years in court proceedings. The damage to her brain had been massive and irreversible. 127 00:09:00,325 --> 00:09:06,490 Today, 9 years after Schiavo's death, while we are still struggling with end-of-life issues, 128 00:09:06,490 --> 00:09:11,398 advanced brain imaging is helping scientists better understand the minds of people who 129 00:09:11,398 --> 00:09:16,555 are unable to communicate. And they're finding some surprising and unexpected results. 130 00:09:16,555 --> 00:09:21,098 >>[Dr. Adrian Owen] It might be possible in some of these cases that what you see 131 00:09:21,098 --> 00:09:24,464 is not what you get. >>[Narrator] Dr. Adrian Owen 132 00:09:24,464 --> 00:09:29,443 is a neuroscientist who is using brain scans to search for glimmers of consciousness 133 00:09:29,443 --> 00:09:33,567 in patients who've been diagnosed in a vegetative state. He says it wouldn't have 134 00:09:33,567 --> 00:09:38,663 worked with Terri Schiavo, but his method has shown promise with some patients. 135 00:09:39,263 --> 00:09:44,488 Owen puts them in a high tech scanner and asks them to imagine doing certain activities 136 00:09:44,488 --> 00:09:48,515 like playing tennis or moving around their home. >>[Dr. Owen] We're trying to get the patient 137 00:09:48,515 --> 00:09:53,438 to do something when we ask them to do it, but of course, they can't move because 138 00:09:53,438 --> 00:09:56,691 that's part of the diagnosis of vegetative state. 139 00:09:56,691 --> 00:10:00,406 And our question was, well can some of these patients do it with their brain? 140 00:10:00,406 --> 00:10:05,549 I want you to imagine playing tennis only if the answer to the question is yes. 141 00:10:05,549 --> 00:10:12,652 Does your sister, Jen, have a daughter? We're going to start the scan now. 142 00:10:14,548 --> 00:10:19,561 >>[Narrator] He looks to see if his question will activate a specific part of the brain. 143 00:10:19,561 --> 00:10:22,742 >>[Dr. Owen] That's pretty good. He has this whole band of activity. 144 00:10:22,742 --> 00:10:26,726 Steven, we can see your brain lighting up when you're trying to answer the question. 145 00:10:26,726 --> 00:10:30,242 >>[Narrator] Even though his sample size is small, Owen's work has garnered 146 00:10:30,242 --> 00:10:35,665 attention from the scientific community. He found that nearly 20% of the patients he's tested, 147 00:10:35,665 --> 00:10:40,780 patients who meet the criteria for being vegetative, have shown signs of awareness. 148 00:10:40,780 --> 00:10:47,747 Including some, like Steven, who seem to answer simple yes or no questions using only their minds. 149 00:10:47,747 --> 00:10:51,415 For now, Owen is avoiding the toughest question of all. 150 00:10:51,415 --> 00:10:55,000 >>[Dr. Owen] We really haven't got to the point of asking really tricky ethical 151 00:10:55,000 --> 00:11:01,201 questions like, "do you want to live or die?" In part, that's because the appropriate 152 00:11:01,201 --> 00:11:06,252 ethical frameworks aren't yet in place for deciding what we would do with that information. 153 00:11:06,252 --> 00:11:09,841 >>[Narrator] Almost all of the patients who've shown evidence of awareness have 154 00:11:09,841 --> 00:11:15,415 suffered from trauma or blows to the head, not oxygen deprivation like Schiavo. 155 00:11:15,415 --> 00:11:20,500 But, Bobby Schindler says the extent of her injuries wouldn't have made a difference to his family. 156 00:11:20,500 --> 00:11:23,667 >>[Bobby] I think it's important to also understand that none of this mattered to 157 00:11:23,667 --> 00:11:31,341 my family in this battle. It didn't matter to us if Terri never improved from her condition. 158 00:11:31,341 --> 00:11:33,967 We loved her unconditionally. We loved her that way. 159 00:11:33,967 --> 00:11:37,413 >>[reporter] The family of a little girl left on life support after a 160 00:11:37,413 --> 00:11:41,468 tonsil surgery goes horribly wrong, gets a really powerful ally. 161 00:11:41,468 --> 00:11:45,216 >>[Narrator] Today, Schindler and his family remain in the public eye. 162 00:11:45,216 --> 00:11:50,116 They run a non-profit in Terri's memory to help families facing similar issues. 163 00:11:50,116 --> 00:11:53,449 >>[Bobby] ...the team put together and we're doing everything we can to get Jahi 164 00:11:53,449 --> 00:11:56,421 out of the situation with the hospital. >>[Narrator] In one way or another, 165 00:11:56,421 --> 00:12:01,168 Terri Schiavo's plight continues to leave a mark on the nation. It inspired an initial 166 00:12:01,168 --> 00:12:05,371 increase in living wills and advanced directives just after she died. 167 00:12:05,371 --> 00:12:11,571 And in 2007, she ranked just below Mother Theresa and Oprah on a list of people who 168 00:12:11,571 --> 00:12:15,819 moved us most in the last quarter century. >>[Michael] I think the country has learned 169 00:12:15,819 --> 00:12:22,507 something. I hope they say, "Remember the Terri Schiavo story. What do you want me 170 00:12:22,507 --> 00:12:28,010 to do if something happens to you?" And I'm hoping that's Terri's legacy. 171 00:12:28,010 --> 00:12:33,087 So, now she's at peace. She has what she wanted. 172 00:12:33,087 --> 00:12:33,870 And as her grave stone says at the bottom, "I kept my promise." 173 00:12:33,870 --> 00:12:37,087 [music]