Wednesday, December 15, 2010

Bishop Matthew Clark: 'there has been no attempt to shorten Mr. Harvey's life.'

Some of you might recall that last spring I wrote about the sad case of brain-damaged Gary Harvey, his wife’s efforts to prevent St. Joseph’s Hospital in Elmira from withdrawing his feeding and hydration tube, and Bishop Matthew Clark’s determination that the Catholic hospital had, in effect, done nothing wrong.

Sara Harvey has now informed me that Bobby Schindler (Terri Schiavo’s brother) has become interested in Gary’s case and has recently published “The Truth About Death Panels” in Celebrate Life Magazine.

A large part of that article details Gary’s story (my emphasis)…

The Gary Harvey case

We have been involved in hundreds of cases, many of which concerned decisions made by these ethics committees. Nothing underscores how they threaten innocent lives more than the case of Gary and Sara Harvey of Horseheads, New York.

In January 2006, Gary fell down his basement steps and was left with profound cognitive disabilities. He had no advance directive and had only his wife, Sara, to protect him. Gary was admitted to the Che-mung County Nursing Facility in May 2006. Sara soon found herself in conflict with the facility over his care, which she describes as seriously negligent.

In February 2007, Chemung County stripped Sara of her rights as guardian of her husband, and Gary has remained a ward of the County ever since. In May 2009, he was transferred to St. Joseph’s Hospital in Elmira, where he remains. About two weeks later, the hospital’s ethics committee recommended the removal of Gary’s nutrition and hydration tube, and the issuance of a do-not-resuscitate order. This was done without the direction of Gary’s family and would have ensured his death.

In June 2009, Chemung County asked the state supreme court to authorize the removal of Gary’s feeding tube, but fortunately, Justice Judith O’Shea denied the request. Inexplicably, however, the DNR is still in effect and he remains under the control of Chemung County, despite the fact that it tried to end his life.

What is even worse is that these events have occurred at a Catholic health care facility. And Bishop Matthew Clark, of the Rochester diocese, has basically turned his back on the situation. Sara told me, “No bishop would help or the Catholic Church.” Sadly, this occurs more often than one would think.

According to WorldNetDaily (May 17), the National Association to Stop Guardian Abuse wrote to Bishop Clark in January, asking him to find out why “St. Joseph’s Hospital’s Ethics Committee chose to participate in what would have been Gary Harvey’s execution rather than prevent it.” His response, sent about a month later, according to NASGA: “I am convinced that St. Joseph Hospital complies with the Ethical Directives for Catholic Health Care Services, that the hospital is complying with the order of the court, and that there has been no attempt to shorten Mr. Harvey’s life.
Pernicious scenarios similar to the Harveys’ ordeal take place often, but usually so silently that most people are simply unaware of the dangers.

Sara’s fight goes on.
Prayers would be appreciated.

Source:
Bishop Clark...'there has been no attempt to shorten Mr. Harvey's life.'

See Also:
HelpBringGaryHome.com

69 comments:

StandUp said...

Is the good Bishop blind?

Del said...

How embarrassed I am to be a catholic right now. I am sorry Gary Harvey, for what my church as done to you.

And now the Bishop looks the other way.

This is not what the catholic religion is supposed to be about.

Anonymous said...

OUTRAGEOUS

Connie said...

Bishop Clark should be disciplined by the church for this.

Steve said...

Yes, Del, what an embarrassment for the church.

The church, specifically the bishop, should be seeing to it that Gary Harvey gets the best care possible. The church should be running the wolves off and helping Mrs. Harvey bring her husband home.

Anonymous said...

Praying....

Brian said...

I am so pleased to see Sara Harvey continuing to get more and more media attention.

People need to know these awful things happen to real people; that the system is oftentimes the abuser.

Marcie said...

Don't forget, the bishop plays a part in the abuse of Gary Harvey, but he doesn't play the whole part.

The guardian and the hospital have worked in concert to isolate Gary Harvey from his wife and his friends.

He is treated as if he were a criminal. These actions by the guardian and the hospital, I believe, are criminal.

Anonymous said...

If the hospital had tried to do what they tried with Gary Harvey to one of the Bishop's relatives, I'm sure he'd see it differently. These people (the Bishop, the Guardian, the Hospital) have lost touch with humanity. I actually feel sorry for them. Anyone who has to resort to abusing a helpless person deserves to be pitied.

Jeff said...

Well, well now everyone, technically Bishop Matthew Clark was correct. There was no attempt to shorten Mr. Harvey's life...the attempt was to end it completely! I wonder if Bishop Clark has also attended law school?

CK said...

Even when everyone else can see that what happened to Sara & Gary Harvey is wrong, those in power choose to ignore the obvious. This is one of the main problems with court appointed Guardians - NOBODY involved in the Guardianship wants to admit they were wrong. It's a shame what is happening in America. There needs to be some Guardianship reform and the Harvey case is a prime example of why it's needed.

Anonymous said...

Outrageous and morally wrong for anyone to deny what everyone outside of the guardianship racket knows to be true.

Shame on you for hiding behind false information.

Warning: God is all knowing

Anonymous said...

Sadly, these facilitated deaths often are associated with questionable guardianship proceedings.

Google Pam Chwala...

Anonymous said...

I've been there and seen for myself how Gary & Sara Harvey are treated. Gary is treated as if his life doesn't matter. He is left behind closed doors, curtains drawn, no music or other stimulation, no monitors, a sign prohibiting visitors and what we believe is an illegal DNR in place. Chemung County is to "guard" in Gary's best interest yet I think they "guard" to cover negligence, abuse, kidnapping, attempted murder and so much more!!

Ron said...

I have known Sara Harvey for some time now. She is a kind, loving & compassionate woman.
Gary IS the love of her life!!
All Sara has ever asked to do beginning with the first court transcript is plead with Chemung County to allow her to fullfill her marriage vows, to care for Gary!
She is not the one who tried to kill Gary. I believe that "Rita Gould" & Chemung County did.
Team Probate has filled the court record with deception from the onset of this guardianship. I pray that the Judge sees through that!

Freddy said...

Please ask Bishop Clark to explain the difference between "shortening" a life and "ending" one.
Bishop Matthew Clark church members beware!! You may be next.

Derrick said...

Sara Harvey was recently denied her visits with Gary in retaliation of exercising her 1st Amendment rights.
This guardianship is to be in Gary's best interest yet he is the pawn for Chemung County. They withhold Gary & Sara's visits in an attempt to silence Sara regarding the injustice being done here in Chemung County. Her love for Gary is what keeps her going!!

Dubbs said...

How does one's physical condition go from medical reports stating that he will be fine then, deteriorate all the way down to where the guardian, Rita Gould would want to end Gary's life?? This is happening in Chemung County, NY.

Anonymous said...

Cruel and unusual punishment to an innocent person and his wife.

Gary Harvey is a Veteran this is how the USA shows it's appreciation?

SHAME ON YOU!

Ben said...

The guardian is the dangerous one!!! Is that Rita Gould??

Freddy said...

I am a NASGA member who knows Sara & Gary Harvey. Sara did nothing to deserve her spousal rights be removed but what she did do was complain about the negligent care Gary was receiving. She wanted quality care for Gary, the man she loves!!
I am of the strong opinion that Chemung County did more to Gary then try to end his life, I think they are hiding medical errors. They know they are liable so they are using legal abuse of Sara to cover up there errors!

Obie said...

Chemung County NY is the guardian... the ones in place to PROTECT Gary and they tried to murder Gary??

Who in the world is protecting Gary from the real danger which is obviously Chemung County???

Hope this Judge protects this man!!

Carolyn said...

Derrick, I heard that too - that Sara has been denied all visitation because she's been fighting back for her husband's rights.

Shame on them. It amazes me that they can sleep at night. I think they should be looking at themselves in the mirror.

Wondering said...

Chemung County has treated Gary Harvey as if he were a sack of potatoes instead of a human being. I agree with everyone here who has pointed out that they should be ashamed. Are they so arrogant that they don't even have any shame?

Anonymous said...

Sarah Harvey has a right to bring her husband home, if she wants to take care of him. It is her choice.

The hospital, the Bishop and the Guardian seem to be the much feared "Death Panel." Of course, it is called the "Ethics Committee", but it has the same meaning.

Supporter said...

You guys are complaining about Bishop Clark, the guardian and the hospital, but what about the judge? Is the judge asleep at the switch here? Does he realize that the guardian has isolated Mr. Harvey from all human contact, including Mrs. Harvey? And if so, does he condone this terrible treatment? I hope Mrs. Harvey files grievances on all these people. The citizens need to be protected and not exploited.

helensniece said...

No doubt the County is intentionally punishing Sara (and Gary too) by all those unnecessary supervised visits with a guard standing by paid for by Sara.

People need to realize how dangerous the guardianship racket has become streeeeeeeeeeeetching their powers with no oversight, nowhere to complain.

Incarcerated convicted felons have more freedom and rights.

While innocent people are punished with no bill of rights.

Somebody needs to step up and do the right thing, sooner not later because time is critical, years have been wasted time is precious Gary would want to be home with his wife.

Unknown said...

I am not Catholic, but Lutheran and I don't believe God would approve of this! They also made wedding vows. His wife should be making decisions for him.

Anonymous said...

Nothing NEW; my family was Catholic; I was born Catholic & attended Catholic schools. Many yrs later my mother was captured in a state guardianship. The court appointed guardian, judge, many attys and other public so called officials were all Catholic. The (guardian)owner of my mother graduated from a Catholic college. I went to a Monsignor for assistance re: ACCOUNTABILITY. The Catholics are FULL OF IT(BULL...T). There is no integrity; no preservation of life; it's more like another coverup such as the priest child molestors. My Mom was dehydrated & starved to death, while I was forbidden to see her; give water or food to her. Catholic churches close for lack of members; I wonder WHY?
Gary Harvey is just another example of institutional/govt./corp. RULE. MORE PROOF _YOU HAVE NO RIGHTS... CITIZENS. IT'S ABOUT CONTROL OF HUMAN LIFE NOT PRESERVATION NOR DIGNITY OF HUMAN LIFE. NAZI GERMANY SHOULD HAVE BEEN A HISTORY LESSON SO NAZI AMERICA could be prevented. Human's must be UNTEACHABLE. How much more will Americans tolerate before its TOO LATE?

Anonymous said...

Good point Supporter, where is the JUDGE? Asleep? Or out of touch? Without judicial approval we would not be having this conversation.

Grievances against those responsible are in order.

A full investigation is mandatory to show who knew what, when and what if anything they did about it.

Unfortunately, Gary Harvey is not the only ward of the state who is being used, being used in a cruel inhumane manner to punish family members.

Freddy said...

Not only does Sara have the right to bring her husband home, it is her God given responsibility. The state of NY charged them for a marriage license & issued one yet they refuse to allow Sara to fulfill her committment.
Rita Gould ought to be ashamed of herself!

lou said...

Glad I'm not catholic. This bishop is a disgrace!

Anonymous said...

It's all about keeping a bed full and money coming into this hospital & Chemung County... lets not forget the lawyers and judges pay check. Sound like medicare fraud to me!

Disgusted said...

My stars if Mr. Harvey is isolated from all visitors, then he sees a human being how many times a day? Once? Twice? He must be a very strong man to have held on so long under such terrible conditions. He must be living for the hope of going home with his wife.

Gene said...

Just another scandal the Catholic church has managed to cover up so far. This story will be getting national attention and I'm sure they will all wish they had just sent Gary home instead of harassing his wife and treating him like dirt. Yes, I agree with the common theme here: shame on all of them.

jerri said...

gary harvey would be smiling if he only knew the support and the love good people have for him he is in my thoughts every day and i pray for sara to stay strong for the love of her husband

Mrs. Harvey said...

I was able to visit with my husband after a long discussion with the county attorney..Today however was eventful,the pastor who volunteers his time and has met their "criteria" what ever that is, for approved "service to be a guard" was also guarded by a nurse. So today not only did I have a guard, the pastor did too.

To sum it up I had had two guards...Aren't I special?

Heres the Million dollar question "Who is watching them?"

Anonymous said...

Has anybody with authority in this case ever stepped back for a moment and asked a simple question: Does this make sense?

Does it make sense that anyone except Sara Harvey, who wants her husband to live out his days with the dignity and respect he deserves, should have control over Gary Harvey's life?

Sheron said...

Mrs. Harvey, while I am glad that you have had your meager visitation hours restored, it doesn't erase the fact that guarding you is a ridiculous waste of your husband's money and such a waste would be a breech of fiduciary duty?

Who guards Mr. Harvey when his guardian (the person who tried to kill him) visits?

What the heck has happened to common sense? And does the judge know this stupidity is going on?

Curious said...

You know, it just occurred to me, doesn't Gary Harvey have a Guardian Ad Litem?

What did he do in response to the County's attempt to kill Gary Harvey?

Did he fight them off? Did he motion the court that the county pay all legal fees and be sanctioned for their attempt to terminate Gary Harvey? Did he motion the court to remove the abusive guardian?

Unknown said...

Just another form of euthanasia. How can the Bishop abolish his faith and pronounce a death sentence to Mr Harvey's life. He is not GOD.

Anonymous said...

Does Bishop Clark think that this is not murder ? What happened to the Sanctity for life ?

Margaret said...

Pardon the graphics but this makes me throw up.

Would anyone working for the county (including the attorneys and the judge) put up with this if it were happening to them or their loved one? Of course not. Yet, they think it's absolutely fine to isolate this man and harass his wife.

Reminds me of Lord of the Flies. Give 'em a little power and they get cruel. Cruel is the word for it. These people have treated their ward with cruelty and the judge has allowed them to do it.

Erika S. said...

Curious, I understand Gary has a GAL and the GAL has not defended Gary at all, basically he's phoned it in. I wonder if he's a Catholic?

Member, I understand it's set for next week.

Anonymous said...

There's a special place in hell for these people........

timlahrman said...

I tried to volunteer for being a supervisor of r Gary's spousal visits and I also asked the county agency to allow me to visit Gary.

The Public Guardian hung up the phone on me and refused to answer my request. I emailed the guardian and got no reply. So in an "emergency" I went and supervised a spousal visit. I also took some time and visited Gary myself while there. The next day I emailed my report to the Public Guardian. "No incidents to report. Visit was pleasant, peacable and beneficial." Later that day I again emailed the Public guardian and I expressed my thanks that she waived all issues relating to my "apporval" as both a volunteer and a visitor. In close of this email I volunteered to supervise for all spousal visits and thought it more prudent than paying for supervisiory services. I thanked the public guardian and told her I looked forward to working with other on other cases going forward ....

Well, let's just say ..... they don't like me, nor do they have an administrative process that provides a fair, equial and meaninful access to review, challenge and/or appeal their arbitary, capricious and deliberately indifferent administrative decisions which violate the 1st, 4h, 5th, and 14th amendments.

Merry Christmas to all ... I'll be busy

Mrs. Harvey said...

Another interview on Sunday the 19th. I will keep you all informed when the editor/producer gets back with me.

Anonymous said...

Good Point supporter. Does the judge know all the surgeries Gary Harvey has gone through..why? what are they doing to this man? all Mrs. Harvey wants is to care for him, get a second opinion. Doesn't anyone care. Surrounded by infections and germs 24/7. Infection after infection. Please read:
Hospital Chain Investigated for High Infection Rate and Potential Fraud

http://voiceofoc.org/oc_central/article_a1525450-0657-11e0-91ab-001cc4c03286.html

I visited Gary and was kicked out and saw with my own eyes what is taking place here.

This man is drugged up with morphine, how does anyone know if he feels pain? I remember we found him very agitated upon our arrival, the nurse wanted to give him a shot of morphine,she went to get an order for him to have it. Sara turned the fan on and Gary calmed down and became very relaxed. That is all he needed, he was uncomfortable, hot and sweaty. A fan is what he needed to cool down not an injection. These people think the answer to everything is a drug instead of a little compassion that is truly what is in order here.

Connie said...

Tim, I'm curious...what reason did the public guardian give for not approving you as a guard? Have you ever been convicted of murder or attempted murder? Have you threatened to kill anyone?

This guard business is absolutely stupid anyway. If anybody should be watched, it should the people who tried to kill Gary (the guardian). Or maybe the hospital staff who don't take cleanliness precautions when entering or leaving Gary Harvey's room.

Looks to me like it's just another way of wasting Gary Harvey's money and causing unnecessary hardship and harassment on his wife.

NASGA said...

Post by "Moderator" removed by request.

timlahrman said...

Connie,

There is no short answer for your question except to say that nobody will tell us what the criteria for being "approved" is, yet the Judge assured me I do not possess the qualities it takes.

Funny thing still is this --- I have seen the list of those who are apporoved ... all 6 or 8 of them ...... and nowhere on the list is the judge's name. So apparetnly she is unfit herself.

Kevin said...

Timlahram,
Do you have a number that one can call to find out exactly what the criteria is? AARP is much interested.

Anonymous said...

Oh my God! has anyone looked at the open letter to congress on this site????? Gary Harvey is on page 4.....what happened to marriage vows as being an advance directive...should that not be his wish? I am confused here....does this mean being married you have no rights?

Freddy said...

This case is a HUGE public interest case. It is so good to see the media involved. There are several national media stations that have already interviewed Mrs. Harvey and she is scheduled for several radio shows.
Rumor has it the guardian is traumatized so please folks take it easy on Rita Gould after all, she ONLY tried to kill Gary!!

Lou said...

I hear that Rita Gould is traumatized, the hospital is at it's last straw & the county says its become unmanageable!!

It looks like a train has just passed through...
Choooooooooo Choooo

obie said...

Bullies!!
Why don't they just let Gary go home to his wife??

Tim's friend said...

Luke 11:46
But He said, Woe to you, the lawyers, also! For you load men with oppressive burdons hard to bear, and you do not personally (even gently)touch the burdons with one of your fingers.

ditto said...

Luke 11:52
Woe to you, lawyers (experts in the Mosaic Law)! For you have taken away the key of knowledge; you did not go in yourselves, and you hindered and prevented those who were entering.

Holly said...

Kevin,
I have personally asked in the past what the criteria is to supervise and have also requested to be a volunteer guard. Like Tim... I too was denied both.
I honestly have to wonder if our denials are because we, Tim and I, are NASGA members.
Rita Gould, the guardian who signed to end Gary's life (while being paid to protect his life) just told me "NO."
One should wonder, Does Gould enforce her own personal wishes for Gary Harvey??
It would appear so because no "reasonable" person would agree that Gary Harvey's wish would be to live in isolation. Nor would a "reasonable" person believe that issolation is in Gary's best interest!
What do you think??

Reality check said...

I am floored by the concept that the wife's visits are being guarded.

Just what is the guard supposed to do? If the fear that the wife will get too close to her husband and quickly smother him to death? And what's the guard supposed to do, wrestle the wife should she pull a pillow out from behind her back? Does the guard carry a gun, a club, and mace so he/she is fully prepared to take on the wife should she suddenly go on a murderous rampage against her husband?

Is this beyond ridiculous?

I want to know from the county, WHAT ARE THE GUARD'S DUTIES AND RESPONSIBILTIES and HAVE THE GUARDS BEEN TRAINED IN MORTAL COMBAT and SELF DEFENSE?

Apparently, the whole world is out to kill Gary Harvey and he must be guarded?

Has the county run background checks on the hospital staff? Maybe they're out to kill Gary Harvey too. In fact, maybe Gary Harvey should be on a floor by himself and the guards can stand by the elevators fully prepared to defend Mr. Harvey.

I am glad to read here that this story is growing in momentum and more and more media is interested.

The ridiculousness of this whole scenerio is beyond science fiction.

NASGA member said...

It is dangerous to be right
when the government is wrong.
--- VOLTAIRE


Chooooooooooooooooo Chooooooo

Derrick said...

It's ridiculous all right!!

Criminal too!

Anonymous said...

Send Gary home!!

Anonymous said...

I heard they kicked Sara out of the hospital tonight for taking a photograph of a "neglectful" situtation she walked in on at her visit time!
Judge O'Shea what are you going to do to protect Gary??

Derrick said...

Wow... another great radio show tonight by Sara Harvey.

Holly said...

While present at the Harvey's status conference last Thursday I observed legal fictions entered into this court record. What troubles me even more than the “legal fictions” was the tongue lashing that Tim Lahrman (an Article 78 Intervener) took from Judge Judith O’Shea while she held up printed copies of internet blog comments Tim had made.

It appeared to me that Judge O’Shea has an absolute dislike of Tim and his religious beliefs. Tim has a Constitutional Right to post his opinions along with a right to Freedom of Speech so why would she react this way? Then an even bigger question came to my mind… did Judge O’Shea go “looking” for this information on the internet OR is there ex parte communications between the Judge and one of the attorneys from Chemung County?? Public clamor is not for judges… is she ripe for an etiquette violation??

If this court is so willing to attack Tim’s rights, obviously because he intervened, then how in the world is Gary Harvey thru his wife/next-friend going to get his rights heard in this same court??

Any thoughts………

Josh said...

Good Point Holly. While Rita is getting paid by tax dollars to protect Gary and end his life....did I miss something???...See how your tax dollars are being spent Chemung County...Doesn't that make you, your family feel all safe, warm and cozy while they try to murder you or someone you love.

Hey Kevin, why are you not protecting your client from his abusers...BIG ADA SUIT....where is the accountability?

These guys are making this judge look very bad...why is the Judge protecting these criminals and attempted murderers.

Do the right thing and just resign.

timlahrman said...

Honestly, I took it as a challenege of honor to be called out by a judge for my internet posting of a quote from Scripture, and from all places but a catholic themed web-blog.

At least we now know how to identify the element we face .....

In close while I share in your concerns for what happened and especially the issue of how this info came to be before the judge, I must correct you on one point. Please forgive me, but;

Etiquette is for the country club

Ethics review is where professional misconducts are determined and adjudged.

Derrick said...

Thank you Mr. Lahrman your committment to others.