Judge denies more time on life support in Baby Nick case, family lawyers to file emergency appeal

Harris County family to file emergency appeal to keep 10-month-old on life support

A Harris County District Judge has denied an injunction to give the family of Baby Nick more time for him to recover. However, the family is filing an emergency appeal before a Monday deadline.

HOUSTON - On Friday afternoon, Judge Donna Roth ruled that she has denied a temporary injunction to allow more time for 10-month-old Nick Torres to recover.

According to a temporary restraining order that was filed Wednesday, the boy was found unconscious in a bathroom tub, laying in water and unresponsive on September 24.

Baby Nick has been battling for his life ever since.

During Judge Roth's ruling, she became emotional while speaking to the Torres family during a Zoom meeting, saying, "I am a mother. My heart goes out to you."

She ruled the family has until Monday at noon to file another order. If not, she said, while her voice quivered, Texas Children's Hospital, “can do what it needs to do.”

On Friday evening, the lawyers representing the Torres family said they will be filing an emergency appeal before noon on Monday.

The judgment Friday was made after an order that was filed on Wednesday after baby Nick was taken to Texas Children’s Hospital in the Woodlands, where he was placed in the intensive care unit. He was then transferred to Texas Children’s Hospital in Houston.

District judge gives more time for 10-month-old on life support

**This video was recorded on Wednesday prior to Judge Roth's decision on Friday.**FOX 26's Maria Salazar has the latest after a district judge granted more time for a 10-month-old on life support at Texas Children's Hospital in Houston.

The order stated that the hospital and medical staff told the family that there is nothing else that could be done to save their child and that they must disconnect the baby from any and all life support systems, even though the baby had only been at the hospital for six days.

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The parents of baby Nick said in the court documents they believe their child has a chance to survive this emergency, see encouraging signs, and hold hope that a miracle will happen and simply need time.

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The order stated the parents believe that hospital staff is simply rushed to make a decision, without following proper legal safeguards and procedures required under the law.