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U.S. NEWS Friday 3 January 2020
Texas judge:
Hospital can remove baby from life support
By JAMIE STENGLE
Associated Press
DALLAS (AP) — A Texas
judge on Thursday sided
with a hospital that plans to
remove an 11-month-old
girl from life support after
her mother disagreed with
the decision by doctors
who say the infant is in pain
and that her condition will
never improve.
Trinity Lewis had asked
Judge Sandee Bryan Mar-
ion to issue an injunction
in Tarrant County district
court to ensure that Cook
Children's Medical Center
doesn't end her daughter
Tinslee Lewis' life-sustaining
treatment. Texas Right to
Life, an anti-abortion group
that is advocating for Tin-
slee, said the girl's mother This Nov. 8, 2019 photo provided by Texas Right to Life shows Tinslee Lewis.
will appeal the judge's de- Associated Press
cision. unsuccessful. The hospital her daughter from life sup- the case after the hospital
Doctors at the Fort Worth said it has reached out to port. At the hearing last filed a motion questioning
hospital had planned to re- more than 20 facilities. Tex- month, Dr. Jay Duncan, his impartiality and saying
move Tinslee from life sup- as Right to Life and Protect one of Tinslee's physicians, he had bypassed case-as-
port Nov. 10 after invoking TX Fragile Kids have also described the girl's com- signment rules to designate
Texas' "10-day rule," which been trying to find a facility plex conditions and Cook himself as the presiding
can be employed when a to take her. Children's efforts to treat judge. After his removal,
family disagrees with doc- Prior to Thursday's ruling, her, which have included Judge Marion, who is chief
tors who say life-sustain- both sides agreed that if about seven surgeries. The justice of Texas' Fourth
ing treatment should be Marion denied the injunc- cardiac intensive care Court of Appeals, was as-
stopped. The law stipulates tion request, the hospital doctor said that for the signed to hear the request
that if the hospital's eth- would wait at least seven first five months of Tinslee's for an injunction in Tarrant
ics committee agrees with days before taking Tinslee life doctors had hope she County district court.
doctors, treatment can be off life-support. In her deci- might one day at least be The case has become a
withdrawn after 10 days sion, Marion said the sev- able to go home. rallying point for Republi-
if a new provider can't be en-day period would give But Duncan said there cans in Texas, with the at-
found to take the patient. the girl's mother time to file came a point when doc- torney general stating his
In a statement issued by a notice of appeal and a tors determined they had opposition to the "10-day
Texas Right to Life, which motion for emergency re- run out of surgical and rule" and GOP state Rep.
opposes the "10-day rule," lief with a state court of ap- clinical options, and that Tan Parker saying it "doesn't
Lewis said she was "heart- peals. treatment was no longer fit with Texas values."
broken" over the judge's Tinslee has been at Cook benefiting Tinslee. Duncan The 1999 law that shields
decision. "I feel frustrated Children's since her prema- said last month that the girl from lawsuits doctors who
because anyone in that ture birth. The hospital said would likely die within half follow the process of go-
courtroom would want she has a rare heart defect a year, and noted the hos- ing through an ethics com-
more time just like I do if Tin- and suffers from chronic pital has made "extraordi- mittee was crafted by a
slee were their baby," she lung disease and severe nary" efforts to find another task force that included
said. chronic high blood pres- facility for her. lawmakers, attorneys,
The hospital said in a state- sure. She hasn't come off a "She is in pain. Changing a doctors and anti-abortion
ment Thursday that in order ventilator since going into diaper causes pain. Suc- groups. Supporters of the
to keep Tinslee alive, she's respiratory arrest in early tioning her breathing tube law passed when George
on a constant stream of July and requires full respi- causes pain. Being on the W. Bush, a Republican, was
painkillers, sedatives and ratory and cardiac support. ventilator causes pain," he governor include the Texas
paralytics. She currently has Lewis testified at a hearing said. Alliance for Life, the Texas
severe sepsis, which isn't last month that despite her Duncan said there had Catholic Conference of
uncommon when patients daughter's sedation, she been "many, many" con- Bishops and the Texas Med-
require deep sedation and has a sense of the girl's likes versations with Tinslee's ical Association.
chemical paralysis, it said. and dislikes, describing her family about her dire con- Supporters say the law
"Even with the most extraor- as "sassy." She said Tinslee dition. provides a framework for
dinary measures the medi- likes getting her nails done Tarrant County Juvenile doctors and hospitals to
cal team is taking, Tinslee but doesn't like having her Court Judge Alex Kim is- resolve differences and en-
continues to suffer," the hair brushed. sued a temporary restrain- sures that doctors can't be
hospital said. "I want to be the one to ing order to stop the remov- forced to perform medical
Efforts to find another facil- make the decision for her," al of life support on Nov. 10. interventions that cause
ity to take her have been Lewis said about removing But Kim was removed from harm or suffering.q