Terri Schiavo did not die in 1990. She suffered brain damage. There are substantial arguments concerning the extent of that brain damage.
Also in 1990, Michael took Terri to California where an experimental implant was placed in her brain. Terri has never had the benefit of diagnosis through an MRI. Additionally, new testing is available with respect to fMRI (functional magnetic resonance imaging).
See, e.g.,
http://www.sciencedaily.com/releases/2005/02/050211090900.htm
Quote:New York, NY (Feb. 7, 2005) – Using sophisticated brain imaging techniques, researchers at Columbia University Medical Center, New York Presbyterian-Hospital-Weill Cornell Campus, and JKF Johnson Rehabilitation Institute in New Jersey have found that some seemingly unconscious patients with severe brain damage are, in fact, capable of responding to speech.
“The results challenge our thinking about the possible inner lives these patients may experience, and also motivate renewed interest in research aimed at recovery and rehabilitation,” said the study’s senior author, Joy Hirsch, Ph.D., professor of neuroradiology and psychology and director of the fMRI Research Center at Columbia University Medical Center. “Brain imaging can be thought of as giving a voice to minimally conscious patients and allows us as physicians and scientists to be more aware about the patient’s potential for rehabilitation.”
The Schindlers requested new testing in 2005 due to advances in functional testing (fMRI), but Michael argued that no MRI could be done on Terri without brain surgery to remove the implant that was placed in her brain back in 1990. Michael argued that such an invasive procedure (removing the implant to allow current testing) was not favored.
Judge Greer denied the motion for current testing based on new fMRI technology. See Judge Greer's order dated March 9, 2005.
http://www.terrisfight.org/
Accordingly, the best modern tests available to determine whether Terri had awareness were not conducted on Terri.