Provided: Texas Right to Life
FORT WORTH (WBAP/KLIF)-
UPDATE 12/12 8:00PM:Judge Justice Sandee Marion has extended a temporary restraining order to keep Baby Tinslee Lewis alive until January 2nd, 2020. Marion said she will rule on the filed injunction on or before that date. Tinslee has congenital heart disease, chronic lung disease and pulmonary hypertension, making it extremely difficult for her to breathe. Cook Childrens says without life support, her condition is fatal. Tinslees mother Trinity Lewis is pleased with the extension and said she disagrees with doctors claims that shes suffering. I know shes not sufferingI wouldnt be here fighting for her life if I thought that, said Lewis. The Familys Attorney Joe Nixon said he is ready to keep fighting for Tinslees right to life and called the Texas 10 day rule unconstitutional. Tinslee is alive and we are going to keep her alive and do everything we can to help her and give her the life her mother wants her to have, said Nixon. Cook Childrens released a statement following the decision, Cook Childrens has been dedicated to providingthe very best care for Tinslee since her arrival to our hospital 10 months ago. For the entirety of her life, our staff has diligently provided compassionate, round-the-clock, intensive care and attention. We will continue to provide this precious baby the same level of care as we have for her entire life. We all share the same sense of concern for Tinslee and her family as they face a very difficult situation. Our doctors and nurses have done everything humanely possible to save Tinslees life. Currently, any care we provide, including feeding, bathing and providing treatments and medication, can cause her little body to experience a medical crisis, which causes even more intervention and pain for her. We have reached out to more than 20, well-respected healthcare facilities and pediatric cardiac specialists who have the specialized training to continue Tinslees care, and upon their review, each medical team declined to accept her as a patient. Sadly, she shows no signs of improvement and there are no treatment options available to help her get better. We would ask that outside groups, even those who disagree with Cook Childrens approach, consider what is best for Tinslee now and give the family space to consider what truly is best for this baby, and allow our medical professionals space to care for her.
ORIGINAL STORY: Cook Childrens Medical Center agreed to extend a Temporary Restraining Order (TRO) that keeps a 10-month-old baby alive until after a hearing on Thursday, December 12th. The TRO that keeps Cooks Children from ending life support was set to expire Tuesday.
This hearing will determine whether Baby Tinslee can have more time through a temporary injunction pending a full trial, or if the hospital can end treatment.
Tinslee has congenital heart disease, chronic lung disease and pulmonary hypertension, making it extremely difficult for her to breathe. Despite our best efforts, her condition is irreversible, meaning it will never be cured or eliminated. Without life-sustaining treatment, her condition is fatal, said Cooks Children in a statement.
The Texas 10-Day Rule allows a hospital committee to end life support against her familys wishes.
Tinslee has been in the hospital since birth and Cook Childrens believes shes suffering.
The presiding judge will be Justice Sandee Marion, Chief Justice of the 4th Court of Appeals in San Antonio. The first judge was recused after the hospital questioned his impartiality. Cook Childrens claims Tarrant County District Judge Alex Kim, who signed the first TRO, associates with groups that publicly campaigned against the hospital in Tinslees case.
I think that any fair and reasonable judge can see the injustices of Tinslees case and the entire 10 day rule. We are hopeful that the court will recognize Baby Tinslees right to due process and her Right to Life, said Kim Schwartz with Texas Right to Life, representing the family.
Originally, Tinslee received a temporary restraining order on November 10. The hospital and the family then mutually agreed to extend the order to December 10. Thursdays hearing will consider whether to upgrade the order to a temporary injunction, which would last longer than a temporary restraining order, with the duration being decided by a judge.
Im grateful that Ive had an extra month with my baby because a judge protected her from this 10-Day Rule. Tinslee is a fighter and I know shes not done yet. I hope the judge wont let the hospital kill my baby, said Trinity Lewis, Tinslees mother.
Texas Attorney General Ken Paxton issued an amicus brief in defense of Tinslee and asserted that the 10-Day Rule is unconstitutional.
Unless Governor Greg Abbott calls a special session to repeal the 10-Day Rule, Tinslee Lewis will not be the last patient victimized by this law. Texans who want to protect patients like Tinslee should contact their state legislators at (512) 463-4630, said Schwartz.
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