HOUSTON – A judge denied a temporary injunction Friday and granted Texas Children’s hospital the power to take a 10-month-old baby boy off life support on Monday at noon unless the parents file a new motion.
According to the family’s attorney, Kevin Acevedo, a parent was giving 10-month-old Nick Torres a bath on Sept. 24 when they left to get a towel. When they returned, the child was unresponsive and unconscious.
Court documents show the boy was taken to Texas Children’s Hospital, where medical staff informed the boy’s parents that nothing could be done and the 10-month-old was to be taken off life support.
A doctor with Texas Children’s Hospital said that Nick’s brain is not working and that his lungs and kidneys are not functioning.
The official announcement of Nick’s death was Sept. 30 after the second brain death examination.
The doctor argued that if Nick is taken off the ventilator, his heart would stop and that the child is already dead. He also said there is no possibility of hospice for Nick.
The parents of Nick argue that their due process has been violated and was not offered a chance to be heard or given reasonable notice. They believe Nick still has time and the choice should be left to them to decide what’s best for the child.
The parents of Nick said they have faith in God and if given more time, their child could recover. They also gave examples of others who have recovered in court.
In closing arguments, Texas Children’s Hospital’s attorney said Torres has been dead for six days and that the hospital did everything it could to provide an appropriate treatment to its patients and to support the families in difficult times. The attorney said there was nothing else the hospital can do for Nick.
The judge said she had to deny the parents' temporary injunction because of the law.
“I am a mother and my heart goes out to you. Unfortunately, I’m the judge that has to rule on this. And the law is clear. I must deny your temporary injunction," the judge stated.