Story highlights NEW: Hospital files a mandamus challenging the extension of a temporary restraining order A judge agreed to extend a temporary restraining order preventing the hospital from turning off the machine After Payton Summons went into cardiac arrest last month, a test confirmed that she was brain-dead (CNN) — The parents of Payton Summons, who was declared brain-dead, have been granted more time to keep their 9-year-old on a ventilator at a Fort Worth, Texas, hospital. Lawyers for Payton’s family filed a new request on Monday to extend a temporary restraining order that would keep her on the machine at Cook Children’s Medical Center. The order has been extended until 6 p.m. October 22, according to Justin Moore, a lawyer for Payton’s family. Yet on Tuesday, the hospital filed a mandamus challenging that extension and asking for the extended temporary restraining order to be vacated. “The judge’s decision has put all of us in an incredibly difficult position. As a hospital made up of women and men who made it their careers to save lives, we are truly devastated for this family,” a statement from Cook Children’s said Wednesday. “But when Payton Summons suffered brain death on September 25, she was determined to be dead under clear Texas law and the laws of every other state,” the statement said. “There is no treatment that can be provided for her at Cook Children’s or any other facility that will change that. To maintain a dead person on mechanical ventilation and insist – in fact order – that health care providers continue treating a deceased, deteriorating body is medically, ethically, and morally wrong. We will continue to support this family during this difficult time.” After the mandamus was filed Tuesday, Moore tweeted that the move was “legal wrangling.” “The hospital is reverting to legal wrangling for an attempt at preventing Payton’s parents from looking for facilities to accept their baby girl,” he wrote. A previous temporary restraining order against Cook Children’s Medical Center was scheduled to expire Monday afternoon after Judge Melody Wilkinson of the 17th District Court of Texas denied a request last week to extend it. “The parents want to keep on fighting,” Moore told HLN’s “Michaela” last week. “It’s probably the hardest case I’ve ever had to deal with in my young career,” he said. “Just to see this particular situation where parents are just fighting tooth and nail and they’re not gaining an inch at all, it’s just heartbreaking.” Payton has been on the ventilator at Cook Children’s Medical Center since late September, after she went into cardiac arrest due to a large tumor in her chest. Last month, she was staying overnight with her grandmother when she suddenly woke up, “screamed for her grandmother to help her and said that she couldn’t breathe … then she collapsed,” Payton’s mother, Tiffany Hofstetter, told CNN affiliate KTVT in September. Payton was transported to the hospital, and doctors established a heartbeat but put her on a ventilator because she was no longer breathing. She was confirmed brain-dead after a test determined that she did not have brain activity. “Brain death, by definition, is irreversible,” CNN Chief Medical Correspondent Dr. Sanjay Gupta said in 2014. “In the United States and most places, it is legally synonymous with death – the same as if your heart stops,” he said. “But brain death means a total loss of brain activity.” Under Texas law, a person is considered dead when they have suffered an irreversible loss of all brain function, the hospital said in a statement in September, according to KTVT. “Per our protocol and national pediatric medical standards, a second brain death exam was scheduled to take place by a different physician within 12 hours of the first to complete the legal process of declaring Payton deceased,” the hospital said. “In addition to dealing with the sudden blow of her cardiac arrest and devastating brain injury, Payton’s family is also coping with the news that the arrest was caused by the growth of a very large tumor in her chest that is shutting off her circulatory system.” The hospital held off on performing the second brain death examination because Payton’s family filed that temporary restraining order against the facility. It was filed in order to keep her on the ventilator until they found another hospital that could take their daughter. The family’s co-counsel Paul Stafford said last week that the family contacted about 25 other facilities, but there were no takers. “Unfortunately, after 25 out of 28 facilities that were contacted, we had no takers. We have two maybes, and those were preconditioned on certain things which may be life-threatening to Payton if performed,” he said. On Wednesday, Moore said on “Michaela” that “the facilities that we’ve talked to that have presented some preconditions for admittance, they have talked about a tracheostomy being performed. So with that being the case, Cook Children’s would have to perform this procedure in order for these facilities to look at taking Payton, and Cook Children’s has maintained that they would not perform this procedure. “That remains the impediment for acceptance into other facilities,” he said. Get CNN Health's weekly newsletter Sign up here to get The Results Are In with Dr. Sanjay Gupta every Tuesday from the CNN Health team. Kim Brown, a spokeswoman for the hospital, said in a statement this month, “Cook Children’s has been informed that we no longer have the ability to speak to media about Payton Summons. Although the family previously signed a consent form authorizing the release of information protected by the Health Insurance Portability and Accountability Act (HIPAA), we have been notified by the family’s lawyer that the family has revoked their consent for us to speak about Payton’s condition. “Unfortunately, this means that we are no longer able to provide detailed, factual information regarding this case. We’re disappointed that the family has revoked their authorization because we believe that accurate information facilitates fair, balanced and informed reporting.”<doc-sep>A Texas girl will likely be removed from life support on Monday after a judge denied her family’s request to extend a temporary court order that was keeping her alive. Payton Summons, 9, was declared brain dead by doctors at Cook Children’s Medical Center after suffering a heart attack last month. Her family had been granted a two-week temporary restraining order against the hospital on Oct. 1 to keep her on life support as they sought to facilitate a transfer to another hospital. On Wednesday, a judge declined the family’s request to mandate a second opinion and extend the restraining order past the Monday deadline. “The Oct. 1 order was filed for more time to find a facility for her,” District Judge Melody Wilkinson said, according to The Star-Telegram. “Evidence presented that at least 28 places have been looked at and not one would care for her.” MORE 'POLIO-LIKE' ILLNESSES REPORTED IN PENNSYLVANIA, ILLINOIS The family argued that their daughter still has a heartbeat and that there is hope for recovery. However, a hospital attorney said at an earlier hearing that a cancerous tumor near her heart has cut off circulation and is “crushing her heart and lungs.” The hospital said brain scans have found no brain activity. Despite the judge’s ruling, one of the family’s attorneys, Justin Moore, said that they will continue to explore options including more court filings. “No one won today,” he said, according to the news outlet. “Our fight will continue on.” STOMACH-CHURNING VIDEO SHOWS LIVE PARASITIC WORM BEING REMOVED FROM MAN'S EYE An attorney for the hospital called the ruling “heartbreaking for everyone involved.” “It was our hope today that the court would make a determination that would give this family some closure,” Laura Copeland said. “Unfortunately, that did not happen and we remain in legal limbo.”<doc-sep>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. 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.<doc-sep>
Story highlights The temporary restraining order preventing the hospital from turning off life support expires next week The family contacted 25 other medical facilities but none agreed to accept the girl, attorney says (CNN) — The parents of a 9-year-old girl who was declared brain dead by a Fort Worth, TX, hospital, have been denied a temporary restraining order extension that would keep their daughter on life support, a judge ruled Wednesday. Judge Melody Wilkinson of the 17th District Court of Texas said the parents of Payton Summons did not meet the burden of proof for injunctive relief, according to Justin Moore, a lawyer for Payton’s family. The family’s current restraining order against Cook Children’s Medical Center, which has kept Payton on life support since late September, is set to expire on Monday unless a new order is filed, Moore told CNN on Wednesday. The family is going to process Wednesday’s ruling before deciding whether to apply for a new restraining order or not, he said. Cameras were not allowed inside the court room during the hearing, but Moore spoke to reporters after the judge made her decision. “There are no winners today obviously,” Moore said following the ruling. “This presents a great issue for parents in the state of Texas. They don’t know how to proceed when they have a child put in this condition as Payton Summons has been put in. So I believe our fight is going to continue on in order to carve out some real narrow language in the law to provide courts, lawyers and parents guidance because that’s what they need in times like this,” he said. “This is probably one of the most trying days in my career as a young lawyer,” he added. Payton has been on life support at Cook Children’s Medical Center since late September, after she went into cardiac arrest. Last month, she was staying overnight with her grandmother when she suddenly woke up, “screamed for her grandmother to help her and said that she couldn’t breathe … then she collapsed,” Payton’s mother, Tiffany Hofstetter, told CNN affiliate KTVT in September. Payton was transported to the hospital, and doctors established a heartbeat but put her on a ventilator because she was no longer breathing. She was confirmed brain dead after a test determined that she did not have brain activity. “Brain death, by definition, is irreversible,” CNN Chief Medical Correspondent Dr. Sanjay Gupta said in 2014. “In the United States and most places, it is legally synonymous with death – the same as if your heart stops,” he said. “But brain death means a total loss of brain activity.” Under Texas law, a person is considered dead when they have suffered an irreversible loss of all brain function, the hospital said in a statement in September, according to KTVT. “Per our protocol and national pediatric medical standards, a second brain death exam was scheduled to take place by a different physician within 12 hours of the first to complete the legal process of declaring Payton deceased,” the hospital said in a statement. “In addition to dealing with the sudden blow of her cardiac arrest and devastating brain injury, Payton’s family is also coping with the news that the arrest was caused by the growth of a very large tumor in her chest that is shutting off her circulatory system.” In the days following, the hospital held off on performing the second brain death examination, as Payton’s family filed a temporary restraining order against the hospital in order to keep her on life support there until they found another medical facility that could take their daughter. The family contacted 25 of them but there were no takers, according to co-counsel Paul Stafford who argued the case in court Wednesday for Payton’s family. “Unfortunately after 25 out of 28 facilities that were contacted, we had no takers, we have two maybes and those were preconditioned on certain things which may be life threatening to Payton if performed,” he said. Get CNN Health's weekly newsletter Sign up here to get The Results Are In with Dr. Sanjay Gupta every Tuesday from the CNN Health team. Kim Brown, a spokeswoman for the hospital, said in a statement last week, “Cook Children’s has been informed that we no longer have the ability to speak to media about Payton Summons.