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Court rules in favor of Texas Children’s Hospital in Baby Nick case, final decision to be made Monday

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.
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 – Attorney Kevin Acevedo has filed a second emergency motion Friday morning in hopes of keeping 10-month-old Nick Torres on life support after the court denied the family’s appeal.

The 14th court of appeals denied the family’s motion, saying there was not enough evidence to rule in favor of baby Nick, the attorney said Friday afternoon. According to the court of appeals, three judges found “no error” in the initial decision that Judge Roth made on Oct. 2 and rules in favor of Texas Children’s Hospital Friday evening.

However, according to the court of appeals, the judges will give the family time until Monday at 5 p.m. before their decision is final.

According to Acevedo, neurologist Calixto Machado, who he says is an expert in “brain dead” cases, wants to travel from Cuba to the U.S. to examine Baby Nick, if the court allows it.

Acevedo said the family is asking for more time so baby Nick can be fed and provided the nutrients his body needs to function. He said, currently, baby Nick is not being given the nutrients he needs to help his heart continue beating. The attorney said they have submitted evidence that Nick’s digestive system is working 100%.

“They say he’s a corpse, how does a corpse pee and poo?” Acevedo said during Friday’s press conference. “How does a corpse have a heartbeat? The digestive system depends on the brain. If there is no activity, why is this happening? The heart depends on nerve activity, it may have minimal activity, but he’s alive. Keep him alive."

He asked why is there a rush for Texas Children’s Hospital to take him off life support, saying the court needs to further evaluate their motion and evidence provided.

Acevedo said he hopes the judges reconsider Nick’s case and give the family more time.

“I’m asking for compassion. Give the parents more time,” he said.

Baby Nick was rushed to the hospital on September 24 after he was found unresponsive in a bathtub.

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.

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


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