10-month-old boy on life support at Texas Children's Hospital granted until Wednesday for court ruling

Charly Edsitty Image
Monday, October 5, 2020
Emergency appeal filed to keep 10-month-old boy alive
WATCH: Baby Nick's family is hoping for 24 more hours after filing an emergency appeal Sunday night.

HOUSTON, Texas (KTRK) -- A family's legal fight to keep a hospital from removing their baby from life support will now last a couple of days longer.

The Harris County Court of Appeals has now told the family of 10-month-old Nick Torres and officials with Texas Children's Hospital that all evidence in the case must be submitted by 5 p.m. Wednesday.

Family members have been embroiled in a legal battle since just after Nick Torres was found unresponsive in a bathtub on Sept. 24. His family said his heart is still beating on its own and is asking for more time to find a hospital that will be able to care for him.

An emergency appeal was filed on Sunday with the Harris County Court of Appeals after a judge denied a temporary injunction filed by the family last week and granted Texas Children's Hospital the power to take Nick off life support Monday.

The baby's doctors said he doesn't have any brain activity and needs to be taken off life support.

In a press conference Monday afternoon, the family's attorney said the family has made preparations for hospice care if they are allowed to take Nick from the hospital. After the court's decision that all evidence and documents need to be submitted by mid-week, the attorney told ABC13 he expects a decision will come by the end of the week.

In a social media video Monday morning, Nick's mother Patty Torres pleaded with viewers to help her keep him alive.

WATCH: "I want to leave it to God, for God to decide if he wants to take him," Nick's mother said in a new video Monday morning.

"I want to leave it to God, for God to decide if he wants to take him," she said. "I want God to decide, not the hospital, not the court, not nobody."

In the new motion filed by baby Nick's family, their attorney asked for more time to keep Nick alive and an accelerated appeals process.

Kevin Acevedo, the attorney of Nick's parents, Mario and Patty Torres, indicated they are willing to take this all the way to the U.S. Supreme Court.

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

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

"Give Nick time!" Protesters pleaded with signs and voices to give a 10-month-old more time on life support affter a near-drowning.

"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 Friday, one of the doctors that testified before the judge said the baby 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.

In closing arguments, the attorney representing Texas Children's Hospital said Nick died more than a week 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 pleads to keep her son alive

This is heartwrenching. From the hospital, the mother of Nick Torres, a 10-month-old on life support after a near-drowning, asks for prayers in the midst of a judge's decision on w

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 GoFundMe has been set up to help the Torres family with expenses.

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