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Family Of North Texas Girl On Life Support Granted 1 More Week By Judge

FORT WORTH (CBSDFW.COM) -A judge is allowing temporary restraining order to extend to October 22 at 6:00 p.m. preventing Cook Children's Medical Center from taking 9-year-old Payton Summons off life support until then.

Before the judge made her final decision Monday night she heard from the child's family. They said they want to make sure no stone goes unturned before their daughter is removed from life support. 

Payton Summons
Payton Summons (credit: Tiffany Hofstetter)

Summons has been in the hospital since September 25 when she went into cardiac arrest. Doctors then found large tumor in her chest. She's been on a ventilator as the hospital says her heart is no longer beating on it's own.  However, the family says it is.

Monday afternoon, attorneys representing Payton Summons' family filed a motion to extend a temporary restraining order by two weeks, trying to keep the hospital from taking the child doctors declared brain dead, off life support.

The judge asked them why they're trying to extend the temporary restraining order.

They said since the last hearing they've learned of at least three facilities that may be able to take Summons. One in Louisiana, one in California and one in Massachusetts.

"We're getting multiple calls from the facilities every day," said attorney Justin Moore who represents Summons' family.  "So we get it a lot from in-state and we get it a whole lot from out of state so it's really hard to keep tabs on it. That's one of the reasons why I only came today with just a handful because were still trying to flush through complete list that we're getting daily." 

Attorneys for Cook Children's Medical Center requested the additional time be denied. They stand behind their belief Summons is legally dead and needs to be taken off life support.

"Sometimes the most merciful thing a court can do is to apply the clear law to the clear facts of the case. Once again this didn't happen," said attorney Greg Blaies who represents the hospital.

Last Wednesday, a judge declined to extend an order keeping the child on life support.


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