1990 - SCHIAVO - THE FIRST YEAR

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Michael Schiavo Becomes His wife's Plenary Guardian

1990 -SCHIAVO -THE FIRST YEAR

According to court records: Application For Appointment As Guardian, File No: 90-2908-4GD, Official Records BK 7320 PG 743

Theresa Schiavo lived with her husband, Michael Schiavo, at 12001 -9th Street North, Apartment #2210, St. Petersburg, FL, on May 21, 1990. He lists David P. Grieco, Daniel J. Grieco Sr., Fran Kesler, Jackie Adams, and Roger Kling, are all five "close personal acquaintance (s)" of Michael Schiavo.

February 25,1990:

Theresa Marie Schiavo collapses. She is without oxygen long enough to cause brain damage. 911 is called. She is taken to Humana Hospital-Northside.

Within twenty-four to Forty-eight hours after Terri’s collapse, Dan Grieco, a lawyer who was also Michael’s boss at Agostino’s restaurant, arrived in the ICU waiting room. (A Life That Matters, 2006)

While Terri was still in the ICU we began talking about a malpractice suit against the two doctors Terri had been seeing before her collapse. It was my boss at Agostino's, attorney Dan Grieco, who first broached the subject, but he wasn't the right kind of lawyer to handle something like that. When the time came, he said he'd refer me to someone.[michael Schiavo: Terri the Truth, page 29]

Dan drew up the petition and we went before a judge. The court appointed a guardian ad litem to take Terri's side, but that person really doesn't do much in a case such as this. There was one court hearing, and on June 18, the court officially appointed me guardian. [Michael Schiavo: Terri: the Truth, page 31]

"It was while Terri was at Bayfront that I had my first conversations with the attorneys who would ultimately file the malpractice suit against Doctors Prawer and Igel. My boss at Agostino's (Daniel Grieco) referred me to Glenn Woodworth, an attorney in St. Petersburg with a medical liability trial practice. Glenn brought in his partner at the time, Roland Lamb, and ultimately a Miami litigator named Gary Fox...." [Michael Schiavo, Terri the Truth, page 33]

Theresa Schiavo is discharged from Humans Hospital-Northside:

Dr. Barras from Bayfront Rehab Center was consulted and after
his evaluation he recommended intensive rehabilitation and to
put patient in a long-term rehab center such as Mediplex
or Hardy Memorial, which I and Dr. DeSousa agreed with. We
felt that as the patient had shown some improvement during
her hospitalization, though she was not following commands,
in her physical and mental status some improvement was noted.
-Dr. Shah [May 9, 1990 Discharge Report]

May 21, 1990:

Michael Schiavo signed and filed a "Verified Petition For Appointment of Guardian" in the Circuit Court, Sixth Judical District, Pinellas County, Florida, Probate Division. (File No. 90-2908-4GD)

May 21, 1990: Michael Schiavo files Application for Appointment as Guardian. The attorney is Daniel J. Grieco..In the Circuit Court, Sixth Judical District, Pinellas County, Florida, Probate Division, File No.90-2908-4GD.

May 22, 1990: Michael files an injunction against Prudential Insurance Company of America. The attorney is Daniel J. Grieco.Terri is still in the College Harbor Nursing Home. According to records in the Pinellas County Clerk of Court, Attorney John C. Lenderman was the attorney on record for Prudential Insurance Company of America, Pinellas County case No. 90008845CI.

“The fight to bring Terri out of her coma also is being fought in the legal arena. Schiavo recently filed his second lawsuit against the Prudential Insurance Co. of America. Mrs. Schiavo worked for Prudential and was insured by the company. Schiavo’s first lawsuit over benefits was settled in July…. Jeff Kovalesky, director of group operations with Prudential, said Wednesday he was not aware of the latest suit and declined to comment further. He said the terms of the earlier settlement prevent both parties from discussing Mrs. Schiavo’s condition or benefits publicly.”http://www.sptimes.com/2005/03/24/Flordian/15_years_ago_Terr_S.shtml

June 27, 1990

Dr. Baras, gives Theresa Schiavo a physical examination..

June 18, 1990:

June 18, 1990: Judge Robert F. Michael signs an order determining that Theresa Schiavo is totally incapacited and appoints Michael Schiavo her “plenary guardian.” Terri Schiavo's parents, the Schindlers, do not object. [IN RE: Guardianship of Theresa Marie Schiavo, Incapacitated]Order Determining Total Incapacity, Case No. 90-2908-4-GD, OFF Records Book 7306 Page 055]

Full (Plenary) Guardianship (Section 744.102 (8)(b), F.S.).A person is appointed by the court to exercise all delegable legal rights and powers of the person who has a disability. Full (plenary) guardianship is necessary for very few people. It removes all rights relating to both person and property. It requires that there first be an adjudication of the person as totally incapable of handling any personal decisions, money or property. After this adjudication of incapacity, a guardian is appointed to make all decisions for the ward.
Judge Michael’s order determining that Terri is totally incapacitated gave Michael, as her “plenary guardian” the right:
• To contract.
• To sue and defend lawsuits.
• To apply for government benefits.
• To manage property or to make any gift or disposition of property.
• To determine his or her residence.
• To consent to medical and mental health treatment.
• To make decisions about his or her social environment or other social aspects of his or her life.

June 18, 1990:

Michael Schiavo signs "Oath of Guardian and Designation of Resident Agent and Acceptance" in which, he designates Daniel J. Grieco as the guardian's agent or attorney for service of process in any action against the guardian and the guardian's representative capacity, or personally, if such personal action accrued in the administration of the guardianship estate. Note: This was not filed until July 3, 1990.

“All the time I was off work staying with Terri, my paychecks from the restaurant continued, and eventually, Dan Grieco did as he had promised, and began helping us plan the initial legal moves that were essential. The first thing he did was tell us that we needed to file a guardianship petition so that I’d have the legal right to make all decisions for Terri. As the husband, I was able to approve her health-care treatment, but guardianship gave me power of attorney for her. Getting guardianship of another person means that you become that person. You are her mind and body. You speak for her legally.
Dan drew up the petition and we went before a judge. The court appointed a guardian ad litem to take Terri’s side, but that person really doesn’t do much in a case such as this. There was one court hearing, and on June 18, the court officially appointed me guardian.” [Michael Schiavo, Terri the Truth, page 31]

June 27, 1990:

Dr. David Baras [Bayfront Medical Center] gave Terri a physical exam, and wrote in his report:

Patient is awake and eyes are open. She is easily startled to her name or when bedrail fell down. ... She does give eye contect to family members. She will close her eyes to any threatening response around her face and blink appropriately. ... Tracking is inconsistent. There was no verbal output during this exam but it has been reported by husband and other family members and therapists over at College Harbor. No voluntary movement as far as on command at this time. Sensory: She does respond to painful stimulation.... 6/27/1990 Dr. Baras MR: 5775d/1781 cc: 2 Baras/Shah/Cohen

June 30,1990:

Terri is transferred to Bayfront Hospital Center in St. Pete, which is a part of Bayfront Hospital.

“It was while Terri was at Bayfront that I had my first conversations with the attorneys who would ultimately file the malpractice suit against Doctors Prawer and Igel. My boss at Agostino’s [Daniel Grieco] referred me to Glenn Woodworth, an attorney in St. Petersburg with a medical liability trial practice. Glenn brought in his partner at the time, Roland Lamb, and ultimately a Miami litigator named Gary Fox….” [Michael Schiavo, Terri the Truth, page 33]

July 3, 1990:

Judge W. Douglas Baird signs “Letters of Plenary Guardian”

“Michael Richard Schiavo duly qualified under the laws of the State of Florida to act as the plenary guardian(s) of Theresa M. Schiavo Incapacitated Person, and to act on behalf of the Incapacitated Person with full power to have care, custody, and control of the ward, to exercise all delegable rights of the law, and to take possession of and hold, for the benefit of said Incapacitated Person all the property of said Incapacitated Person, and of rents, income, issues, and profits from it….” [Judge Baird’s order]

• Over a decade later, Judge W. Douglas Baird will find Terri’s Law unconstitutional.

On June 18, 1990, OATH OF GUARDIAN AND DESIGNATION OF RESIDENT AGENT ACCEPTANCE, Michael and Theresa Schiavo's address is listed as being at 12001 4th St. N #2210 St. Petersburg, FL 33716.....Petition was filed on July 3, 1990.

August 1990:

Terri went to live with Michael and the Schindlers in a three bedroom house in Vina del Mar. Bob Schindler worked as a mechanical systems designer for Raytheon Engineers during the day, while Michael and Mary took care of Terri. (A Life That Matters, 2006)

September 5, 1990:

Michael Schiavo files Initial Guardianship Plan. According to Michael's plan for Terri. He was "currently reviewing need to place ward in an extended care facility." He listed his and Terri's address as2630 Vina Del Mar Boulevard, St. Petersburg Beach, Florida 33706. He identified her functional capacity as "vegetative State." And wrote that rehabilitative services are "not useful at this time."Schiavo also listed Dr. Baras/Bay Front Medical Center as Terri's physician. And he said in his plan that Terri's diagnosis/prognosis was "poor."(Daniel J. Grieco II signed the Initial Guardianship Plan.)

October 1990:

Still, by October, Michael and I had decided we could care for Terri no longer. There had been too many trips to the hospital to have the gtube reinserted, too many calls to the paramedics when Terri had coughing fits we did not know how to stop. All the goodwill in the world couldn't substitute for the sheer physical burden placed on us both. [A Life that Matters,2006, pg 45]

November 29, 1990:

Michael and a nurse took Terri to California for an experimental brain implant. (Silent Witness, 2005)

December 12, 1990:

December 12, 1990: A deep brain stimulator was placed in Terri’s brain.

.Money remained a problem, especially during the Fall of 1990. Michael was living on Terri's Social Security disability payments, and Bob was working....We were living from paycheck to paycheck....Fund-raisers were held on Terri's behalf, not only by our neighbors but also by Terri's co-workers at Prudential. There were bake sales, a Valentine Day dance in her honor, a Terri Schiavo Day. Over Christmas, a mile-long line of candles placed on sandbags was set up along the seawall, and people could buy the bags....Beyond the formal events, individual donations arrived from dozens of citizens, ... Altogether, some $50,000 was raised, money we used to pay for the plane trip to California, nurses, and other medical expenses. [A Life That Matters, pages 47-48]

Rehabilitative services are "not useful at this time."

According to the 1993 Deposition: http://www.nevin.net/1992_med-mal_ms_depo.htm

1. Terri Schiavo was discharged from the hospital on May 9, 1990.
2. From Humana Hospital, she went to College Harbor Nursing Home, for approximately
two months:From May 9 to around sometime in July.
3. Then she went to Bayfront Medical Center for two months: From July 1990 to September 1990.
4. Then she went to live with Michael Schiavo and the Schindlers at 2630 East Vina Del Mar,
St. Pete Beach, for approximately three months: From September 1990 to until she was taken to
California for brain surgery.

According to the 1999 Pretrial Deposition: http://www.hospicepatients.org/m-schiavo-pretrialdeposition-1999.pdf

The only rehab Terri Schiavo got in 1990 was at Bayfront Medical Center, from July to September.

NOTE: September 5, 1990: Michael Schiavo files Initial Guardianship Plan. According to Michael's plan for Terri. He was "currently reviewing need to place ward in an extended care facility." He listed his and Terri's address as2630 Vina Del Mar Boulevard, St. Petersburg Beach, Florida 33706. He identified her functional capacity as "vegetative State." And wrote that rehabilitative services are "not useful at this time."Schiavo also listed Dr. Baras/Bay Front Medical Center as Terri's physician. And he said in his plan that Terri's diagnosis/prognosis was "poor."(Daniel J. Grieco II signed the Initial Guardianship Plan.)

The info below is from the DEPOSITION OF: MICHAEL SCHIAVO
TAKEN: Pursuant to Notice by Counsel for Defendant
G. Stephen Igel, M.D.
DATE AND TIME: July 27, 1992; 9:05 a.m.
PLACE: 5999 Central Avenue
Suite 103
St. Petersburg, Florida

24 Q Okay. It's my understand that your wife
25 went into Humana Hospital on February 25, 1990.
___
p.13
1 A Correct. Yes.
2 Q So she was there from 2/25, 1990 until -- I
3 understand she left on May 9, 1990; is that correct?
4 A Sounds correct.
5 Q Okay. And from Humana Hospital, she went to
6 Sable Palms Nursing Home?
7 A No, she didn't.
8 Q She went to Cottage Nursing Home?
9 A College Harbor Nursing Home.
10 Q College Harbor Nursing Home. And how long
11 was she there? I don't have that record for some
12 reason. I'm sorry, how long was she there?
13 A Approximately two months.
14 Q Okay. From May 9 to around sometime in July?
15 A That's approximately two months.
16 Q Okay. Then she went to Bayfront Medical
17 Center?
18 A Yes.
19 Q And she was in Bayfront for two months?
20 A Correct. Yes.
21 Q July, '90 to September, '90; is that correct?
22 A Sounds --
23 Q Where did she go after Bayfront, did she go
24 home for a while?
25 A She went home to 2630.
___
p.14
1 Q 2630.
2 A Vina Del Mar.
3 Q East Vina Del Mar where you lived with her at
4 the apartment?
5 A At the house.
6 Q Okay. I'm sorry, at the house, right, where
7 you lived with the Schindlers?
8 A Correct.
9 Q Vina Del Mar, is that in St. Pete or is that
10 in St. Pete Beach?
11 A St. Pete Beach.
12 Q How long was she home with you and the
13 Schindlers?
14 A Approximately three months.
15 Q Is that when you left your job at Agostino's?
16 A Yes.
17 Q Okay. She was home about three months and
18 then where did she go?
19 A That's when we left for San Francisco.
20 Q Okay. You took her to California?
21 A Correct.
22 Q How long was she in California?
23 A Two months.
24 Q Where was it she was -- where was she in
25 California?
___
p.15
1 A San Jose.
2 Q And what was the name of the institution that
3 she was in?
4 A Meadowbrooke.
5 Q And what was the purpose of going to
6 California at that time?
7 A She had some surgery.
8 Q What type of surgery?
9 A She had an implant put into her head.
10 Q What type of implant?
11 A It's a stimulator.

1999 Pretrial Deposition

Well, after the accident she was at Northside
and in the intensive care unit I believe two months.
She went to -- let me think about here. She left ICU.
Spent another month I believe on one of the floors at
Northside. Are you just asking for where she was or the
problems she's had?

[Campbell] Sort of both.

We are going to have to do that in two separate
things. After that -- oh, she went to College Harbor.

[Campbell] What was that for?

That was a nursing home. Skilled facility.
From there I fought the insurance company to get her
rehabilitation benefits and we got her into Bayfront.

[Campbell] For rehabilitation?

Yes. She was there for her benefits of ninety days,
I believe....

1990 COURT DOCKET

NOTE:Attorney: GRIECO DANIEL J II 00002620 SUITE 300 8240 118TH AVE NORTH LARGO FL 33773 is replaced on record by STANLEY GYNETH S 00218578 114 TURNER STREET CLEARWATER FL 33756

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Uniform Case Number Section File Date Estimated Value Tax WR Death
521990MH002907XXINXX 004 05/22/1990 $0.00
Pinellas Case Number Venue Venue Date Category Location
90002907IN PINELLAS 05/22/1990 MCF
Primary Name SSN Date of Birth/Death Case Process Type
SCHIAVO THERESA MARIE 12031963

Name SPN Firm Street City State Zip Phone
Rep: NONE
Attorney: GRIECO DANIEL J II 00002620 SUITE 300 8240 118TH AVE NORTH LARGO FL 33773 (727) 3919900

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15 docket entries displayed of 15, 05/22/1990 to 08/30/1990
Current Sort is: -Original Sort-
Reset Original Sort Docket Date Docket Entry Activity Code Ver
1 08/30/1990 CASE IS CLOSED CLSD N
2 08/27/1990 ORDER DISCHARGING COURT APPOINTED ATTY TEXT Y
3 08/27/1990 ORDER FOR ATTORNEY FEES OAEE Y
4 08/23/1990 PETITION FOR DISCHG AS COURT APPT ATTY TEXT N
5 08/23/1990 PETITION FOR ATTORNEY FEES PAFE N
6 06/20/1990 CERTIFICATE OF SERVICE CTSR Y
7 06/18/1990 CLAIM OF PINELLAS COUNTY COPC Y
8 06/18/1990 ORDER DETERMINING TOTAL INCAPACITY OR 7306 PG 855-859 ODTI Y
9 06/18/1990 ADJUDICATORY HEARING CHECKLIST TEXT Y
10 06/18/1990 JUDGE'S WORKSHEET TEXT Y
11 06/04/1990 REPORT OF COMMITTEE RCOM Y
12 06/04/1990 COMMITTEE FEES/BILLING SLIP CFBS Y
13 05/24/1990 CERTIFICATE OF SERVICE CTSR Y
14 05/22/1990 NOTICE ALLEG INC, ORD APT COM, CNSEL, PROC NOCP Y
15 05/22/1990 PETITION TO DETERMINE CAPACITY PEDC Y

Uniform Case Number Section File Date Estimated Value Tax WR Death
521990GA002908XXGDXX 003 05/22/1990 $0.00
Pinellas Case Number Venue Venue Date Category Location
90002908GD PINELLAS 05/22/1990 IN MCF
Primary Name SSN Date of Birth/Death Case Process Type
SCHIAVO THERESA MARIE

Name SPN Firm Street City State Zip Phone
Rep: CARPENTER A-SCHIAVO M 150 SECOND AVE NORTH STE 400 ST PETERSBURG FL 33701
Attorney: STANLEY GYNETH S 00218578 114 TURNER STREET CLEARWATER FL 33756 (727) 4611331

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9 docket entries displayed of 2709, 05/22/1990 to 08/20/1990
Current Sort is: -Original Sort-
Reset Original Sort Docket Date Docket Entry Activity Code Ver
1 08/20/1990 INITIAL VERIFIED INVENTORY IVIG Y
2 07/25/1990 ORDER AUTHORIZING STIPULATION 7/24 OAUT Y
3 07/25/1990 STIPULATION (AND) STIP Y
4 07/03/1990 LETTERS OF PLENARY GDNSHP OR 7320 PG 751-752 LPGN Y
5 06/29/1990 OATH OF GDN. OR 7320 PG 749-750 OGDN Y
6 06/25/1990 CORRESPONDENCE FROM CLERK COFC Y
7 06/18/1990 ORDER APPTNG PLENARY GUARDIAN (COPY) OPGN Y
8 06/18/1990 JUDGE'S WORKSHEET TEXT Y
9 05/22/1990 PET FOR APPT OF PLENARY GDN OR 7320 PG 739-748 PPGN Y
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