Appeals court rules in favor of Baby Nick’s family to keep him on life support longer

Right now, a child’s life hangs in the balance as court procedures are underway. Texas Children’s hospital planned to take a 10-month-old baby boy off life support until an emergency motion was filed, according to the family’s attorney, Kevin Acevedo. (KPRC 2)

HOUSTON – An appeals court ruled Monday in favor of Baby Nick Torres' family, allowing the family to keep him on life support for longer.

The parents of 10-month-old Nick Torres say they’re not giving up on their son at Texas Children’s Hospital. Baby Nick was rushed to the hospital on September 24 after he was found unresponsive in a bathtub.

A judge gave Nick’s parents and lawyer, Kevin Acevedo, until 6 p.m. Monday for the court of appeals to review the case and the motion. The family is still awaiting the court’s answer.

At 3 p.m. Monday, Acevedo held a press conference and said after they filed emergency appeals, they had not yet heard from the appeals court. Watch his full press conference below:

WATCH LIVE: Attorney speaks after Baby Nick's family files an emergency appeal Monday to keep him alive. MORE:

Posted by KPRC2 / Click2Houston on Monday, October 5, 2020

On Friday, a judge denied a temporary injunction and granted Texas Children’s Hospital the power to take the 10-month-old baby boy off life support on Monday at noon unless the parents file a new motion.

The family attorney, Kevin Acevedo, says they filed two documents in court. One was a notice of appeal requesting an accelerated appeal process before the court of appeals.

“It’s an urgent appeal that we are filing. If they take up the case, we’re going to ask them to basically allow the parents more time and the principal issue that we’re going to ask them now is to nullify or undo what a doctor did on Wednesday, which was declare Nick officially deceased,” Acevedo said.

After two brain examinations, doctors declared the baby brain dead on September 30. But, his parents say they are not quitting on their baby boy.

“The parents are willing to accept God’s will. So if ultimately the baby lives or dies, they think that’s up to God, not to one single doctor," Acevedo said. “The baby can be taken home, and they’re willing to care for the baby into hospice like other parents do with terminally ill children. We don’t think that that is wrong or that is unfair or unreasonable to ask for a judge.”

Acevedo said a group of people met at the hospital early Monday morning to express their views on this case.

KPRC 2 will be following this story and let you know when a decision is reached.