The parents of a 9-year-old girl who was declared brain dead by a Fort Worth, TX, hospital, have been denied a temporary restraining order extension that would keep their daughter on life support, a judge ruled Wednesday.
Judge Melody Wilkinson of the 17th District Court of Texas said the parents of Payton Summons did not meet the burden of proof for injunctive relief, according to Justin Moore, a lawyer for Payton’s family.
The family’s current restraining order against Cook Children’s Medical Center, which has kept Payton on life support since late September, is set to expire on Monday unless a new order is filed, Moore told CNN on Wednesday.
The family is going to process Wednesday’s ruling before deciding whether to apply for a new restraining order or not, he said.
Cameras were not allowed inside the court room during the hearing, but Moore spoke to reporters after the judge made her decision.
“There are no winners today obviously,” Moore said following the ruling.
“This presents a great issue for parents in the state of Texas. They don’t know how to proceed when they have a child put in this condition as Payton Summons has been put in. So I believe our fight is going to continue on in order to carve out some real narrow language in the law to provide courts, lawyers and parents guidance because that’s what they need in times like this,” he said.
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SOURCE: CNN, Jacqueline Howard and Pierre Meilhan