THE family of a chronically ill infant are "heartbroken" after a judge ruled the 11-month-old baby can be taken off life support.
Chief Judge Sandee Marion reviewed the case and sided with a hospital's plans to remove Tinslee Lewis from life support in Texas.
Tinslee's mom Trinity Lewis said she's devastated about the decision while the Lewis family's attorney Joe Nixon announced planned to file an appeal on January 2.
"I am heartbroken over today’s decision because the judge basically said Tinslee’s life is NOT worth living," Trinity said in a statement issued via Texas Right to Life.
"I feel frustrated because anyone in that courtroom would want more time just like I do if Tinslee were their baby."
"I hope that we can keep fighting through an appeal to protect Tinslee," she added. "She deserves the right to live."
In February, Tinslee was born prematurely with a rare and uncurable heart defect called Ebstein’s anomaly and has been confined to Cook Children's Medical Center in Fort Worth ever since.
Back in July, she suffered a respiratory arrest and has been hooked up to a machine which replaces the function of her heart and lungs, as well as being on a ventilator.
Tinslee also has developed severe pulmonary hypertension and her conditions will not improve, medical experts say.
I am heartbroken over today’s decision because the judge basically said Tinslee’s life is NOT worth living.
Trinity Lewis
The hospital told The Sun Online Tinslee should "pass naturally and peacefully rather than artificially kept alive by painful treatments."
A spokesperson for the hospital said Marion's decision "restores the ability of the Cook Children’s medical staff to make the most compassionate and medically appropriate decisions for Tinslee as she struggles in pain to survive each day."
"This is an emotional and difficult situation for everyone involved, especially for this family who had high hopes that Tinslee would get better," their lengthy statement read.
"To keep her alive, doctors and nurses must keep her on a constant stream of painkillers, sedatives, and paralytics. As a result, Tinslee is paralyzed at all times.
"She currently is suffering from severe sepsis, not uncommon when patients require deep sedation and chemical paralysis to maintain organ function. Even with medication and support, Tinslee has “dying events” 2-3 times per day.
"Her body is tired. She is suffering. It’s time to end this cycle because,tragically, none of these efforts will ever make her better."
Tinslee had to be medically paralyzed to avoid further deterioration of her condition, the hospital explained.
Texas law allows hospital's doctors - pending the approval of its facility's ethics committee - to end a patient's lifesaving treatments despite the family or guardian's objections.
Texas Right to Life, the pro-life non profit rallying behind Trinity, blasted the judge's decision on Thursday.
Even with medication and support, Tinslee has “dying events” 2-3 times per day.
Cook Children's Medical Hospital
They allege death row inmates have more rights than Tinslee, claiming the hospital based its assessment "on their own quality of life judgments."
"The bottom line is that the 10-Day Rule allowed a hospital committee to make this life-or-death decision without giving Tinslee due process," their spokesperson Kim Schwartz said.
"Criminals on death row have more rights than patients in Texas hospitals," Schwartz told The Sun Online.
"The 10-Day Rule doesn't stipulate under what conditions can hospital committees make these life-and-death decisions; it could be for ANY reason: discrimination, ability to pay, insurance status, or even subjective quality of life judgments."
The reports the family has 10 days to try to find another hospital to transfer the person to before care is suspended.
In November, a the district judge ordered the hospital to continue treatment until at least Decemeber 10 but the order was extended until January 2, 2020.
Meanwhile, state Republicans Governor Greg Abbott and Attorney General of Texas Ken Paxton have taken the family's side in a .
It read: "The case of Tinslee Lewis is complex and heartbreaking, and the state will continue to support Ms. Lewis’s exhaustion of all legal options to ensure that Tinslee is given every chance at life.
"The Attorney General’s office will be supporting an appeal of this case to the Second Court of Appeals. The State of Texas is fully prepared to continue its support of Ms. Lewis in the Supreme Court if necessary."
But Cook Children's Medical Center said it reached out to more than 20 specialized homes and hospitals but none of them would admit or accept Tinslee.
One of Tinslee's doctor Dr. Jay Duncan said that she went through at least a half-dozen surgeries at a hearing in December.
MOST READ IN NEWS
Duncan told medics had run out of treatment options at this point and Tinslee was in severe pain.
"Changing a diaper causes pain. Suctioning her breathing tube causes pain," he explained. "Being on the ventilator causes pain.
"We care a lot about Tinslee," Duncan added. "We care a lot about her family."