Family given until Monday to file new motion or pull 10-month-old from life support

ByRoxanne Bustamante KTRK logo
Saturday, October 3, 2020
Judge rules 10-month-old to be taken off life support
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Nick Torres, the 10-month-old who nearly drowned in a bathtub, will have to be taken off life support by Monday unless a new motion can be made. The video breaks down the latest actions in a heartbreaking case.

HOUSTON, Texas (KTRK) -- Harris County Judge Donna Roth denied a temporary injunction after reviewing 10-month-old Nick Torres' case in civil court on Friday.

This means Nick will be taken off of life support on Monday at noon unless the family files another motion before then.

Kevin Acevedo, the attorney of Nick's parents, Mario and Patty Torres, said the family will be filing an appeal on Monday, and Acevedo indicated they are willing to take this all the way to the U.S. Supreme Court.

However, the attorney added an appeal doesn't mean the court will interfere with the hospital's decision to take the child off life support.

The boy was transported to Texas Children's Hospital after he was found unresponsive in a bathtub last Thursday. Little Nick has been on life support ever since.

Outside of the courthouse on Friday, dozens of people, including members of Nick's family, were protesting to keep him on life support.

WATCH: Protesters plead with court to give boy more time on life support

"We're protesting for more time for the judge so that way they can at least find another hospital they can take the child to," Mark Torres, Nick's uncle, said. "We're hoping for a miracle. We are praying for a miracle."

Inside the courtroom, one of the doctors that testified before the judge said Nick Torres was declared deceased on Sept. 30, after a brain wave test was conducted, revealing that the infant did not have any brain activity. Other doctors and professional experts testified agreeing to the conclusion based on medical results.

SEE ALSO: Hospital asks Texas Supreme Court to speed up review of Fort Worth baby girl on life support

In closing arguments, the attorney representing the Texas Children's Hospital said Nick died six days ago.

Mario and Patty were present via Zoom for the court proceedings. His mother sent an emotional video pleading to keep her son on life support and for the community to continue to pray.

"Please keep praying for our son. I know he is here," Nick's mom said through tears.

WATCH: Nick Torres' mom plead to keep her son alive

A spokesperson with Texas Children's Hospital provided the following statement to ABC13 on Friday.

Our hearts are with the entire Torres family as they go through this unimaginable situation. We know losing a child is incredibly difficult for any family. Texas Children's seeks to provide the most compassionate and appropriate care possible to every patient we serve.

A Go Fund Me account has been set up to help the Torres family with expenses.

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