A Texas judge has denied a family’s request to extend a temporary restraining order keeping their 9-year-old-daughter on life support.
Following an hours long hearing on Wednesday in Tarrant County’s 17th District Court in Fort Worth, Judge Melody Wilkinson ruled that Payton Summons’ parents did not meet the burden of proof for an injunction, according to the family’s lawyer, CNN reported.
The family was granted a 14-day temporary restraining order on Oct. 1 to prevent the hospital from removing the girl’s life support. That order is set to expire on Monday.
What happened to the girl?
On Sept. 25, Payton suffered cardiac arrest and was placed on a ventilator at Cook Children’s Hospital in Fort Worth.
Following the tests, doctors began the process of removing her from life support after tests showed the girl had no brain activity.
In the state of Texas, a person is considered brain dead “there is irreversible cessation of the person’s spontaneous respiratory and circulatory functions.”
A large cancerous tumor found behind Payton’s heart is believed to be the cause of her cardiac arrest.
What happened at the hearing?
The girl’s parents testified that they believe the girl could recover, KXAS-TV reported.
Payton’s attending physician told the court that she meets the legal requirements of brain death, although she has not yet been declared brain dead because of the temporary restraining order.
“I am a mother of three,” Wilkinson told Payton’s mom and dad, according to KXAS. “I know what it’s like to do anything you can for your child, but the prosecution has not met their burden of proof.”
The hospital reached out to more than two dozen facilities to take over Payton’s care but none would accept her because of her condition, according to reports.
Following the hearing, the family’s lawyer told reporters that the family has not yet decided whether or not they would file a new restraining order, according to CNN.