HOUSTON - After filing for an emergency appeal on Sunday, Oct. 4, the family of 10-month-old Nick Torres has been given 48 hours to present all the arguments and evidence to the court.
The court of appeals has given Baby Nick's family until Wednesday at 5 p.m. to respond, as they fight to keep him on life support at Texas Children's Hospital.
The three-judge panel will then review all of the evidence from the boy's family and lawyers and the hospital before delivering a ruling which could come before the end of the week.
Judge Donna Roth 295th Civil District Court had given Baby Nick's parents and the lawyer Kevin Acevedo until 6 p.m. Monday for the court of appeal to review the case and the motion.
Last week, lawyers representing Mario and Ana Torres said the boy, who has been on a ventilator since September 26, will remain on a ventilator after a judgment by District Court Judge Mike Engelhart.
According to a temporary restraining order that was filed Sept. 30, the boy was found unconscious in a bathroom tub, laying in water and unresponsive on or around September 24.
The order stated baby Nick was taken to Texas Children’s Hospital in the Woodlands, where he was placed in the intensive care unit. He was then transferred to Texas Children’s Hospital in Houston.
The order says that the hospital and medical staff told the family that there is nothing else that could be done to save their child and that they must disconnect the baby from any and all life support systems, even though the baby had only been at the hospital for six days.
The parents of baby Nick said in the court documents they believe their child has a chance to survive this emergency, see encouraging signs, and hold hope that a miracle will happen and simply need time.
The documents say that the boy's heart is beating on its own and stable, and his lungs are cleared from any fluid, but he is still on a ventilator.
The order added the baby is not showing any active brain activity and doctors believe that is sufficient to make the decision to declare the baby “deceased” and disconnect the baby from life support.
The parents believe that Texas Children’s Hospital and the medical staff are rushing to make a decision without giving them due process of law and a real opportunity to recover, according to the document.
Attorney Kevin Acevedo spoke with a medical doctor on Tuesday night and was told Texas Children’s Hospital would be either transferring baby Nick to a hospital in San Antonio or a final brain wave test would be performed.
The doctor indicated Texas Children’s Hospital has the authority to perform the final brain wave test, even over the parent’s wishes or consent, the order stated.
The document said the parents have not consented to any additional brain wave tests and have informed hospital staff.
The order states the parents believe that hospital staff are simply rushing to make a decision, without following proper legal safeguards and procedures required under the law.