DALLAS (AP) – A Texas judge has sided with a Fort Worth hospital that plans to remove an 11-month-old girl from life support against her mother’s wishes.
The mother of Tinslee Lewis had asked Judge Sandee Bryan Marion, the chief justice of Texas’ Fourth Court of Appeals, to issue an injunction to ensure the Cook Children’s Medical Center doesn’t take the baby off life support. But Lewis ruled Thursday in favor of the hospital.
Tinslee has not left the hospital since her premature birth. She suffers from a rare heart defect and has chronic lung disease and can’t breathe on her own. Doctors at Cook Children’s say they have done all they can to treat her and have reached out to other hospitals to keep treating her. They say Tinslee’s condition will never improve and that even changing Tinslee’s diaper causes her pain. The hospital enacted the 10 day rule saying more medical procedures will only cause her more pain. However Tinslee’s mother, Trinity Lewis, believes her daughter is a fighter and says this should be her decision to make.
Kim Schwartz with Texas Right to Life, representing the family says the family will appeal this today (1/2/2020) and Tinslee is protected for 7 more days. “Trinity is just so heartbroken over this decision because this is her child, this judge and hospital committee is saying that her life isn’t worth living,” said Schwartz. “Trinity believes Tinslee can get better and that she has the right to fight and it’s her right to have due process under the constitution…her rights are being robbed by the 10 day rule” she said.
Cook Children’s Hospital released a statement regarding it’s ongoing care for Tinslee:
“Today’s decision from Chief Justice Sandee B. Marion 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. Our medical judgment is that Tinslee should be allowed to pass naturally and peacefully rather than artificially kept alive by painful treatments. Even with the most extraordinary measures the medical team is taking, Tinslee continues to suffer. 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. When she is in distress, Tinslee crashes and aggressive medical intervention is immediately necessary, which causes even more pain.Cook Children’s has been devoted to this precious baby her entire life, providing compassionate, round-the-clock, intensive care and attention since she arrived at our hospital 11 months ago. 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.The Cook Children’s clinical team tried everything they could to help Tinslee improve, including reaching out to more than 20, well-respected healthcare facilities and specialists over the course of several months, but even the highest level of medical expertise cannot correct conditions as severe as Tinslee’s.
We will honor our agreement to allow Tinslee’s family to continue their search to find another medical center over the next seven days. We also recognize the family may appeal this decision. As they do, we will provide Tinslee the same level of intensive care as we have for her entire life. The decision to end life sustaining care will be decided upon by Tinslee’s care team in close communication with the family, and in accordance with Texas law.
While the Texas Right to Life group believes this case is about the constitutionality of a statute, we are only focused on what’s best for Tinslee. We ask that outside groups, even those who disagree with Cook Children’s 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”
The family has appealed and the court has 7 days to decide. Cook Children’s says Tinslee is protected for 7 days but it plans to work with the family during the appeals process and will not remove her from life support until a decision through the appeals process is made. If the appeal is denied and the family can’t find another facility to treat her, the hospital says it will work with the family to determine plans on removing her from life support.
“Tinslee is suffering & is in pain every single day.” Cook Children’s speaks out after judge denies temporary injunction to keep 11 mo old Tinslee Lewis on Life Support.Doctors say they’ve done all they can to treat her. The family has appealed & has 7 days @WBAP247NEWS @570KLIF pic.twitter.com/JFTGm20p70
— Katrina Boonzaier (@katrinaboonz) January 2, 2020
Tinslee is protected for 7 days but Cook Children’s says it won’t remove Tinslee from life support right away. It plans to work with the other side during the appeals process. If the appeal is denied, the hospital will talk with the family/determine a date. @WBAP247NEWS @570KLIF
— Katrina Boonzaier (@katrinaboonz) January 2, 2020
