The family of a 9-year-old girl is in a fight to keep her on life support, but a judge ruled against her parents Wednesday.
Judge Melody Wilkinson determined the parents of Payton Summons did not meet the burden of proof for an injunctive relief.
The temporary restraining order preventing Cook Children's Medical Center from removing her from life support will expire Monday, October 15 unless a new order is filed.
Payton Summons, 9, has been on life support since September 25 when a tumor in her chest caused cardiac arrest. Cook Children's Medical Center believes she's brain dead, but her family thought she could recover and wanted to find a different facility for her.
Doctors at the hospital were eventually able to get back a heartbeat, and the girl has been stable and on a ventilator ever since.
The family said they've been under pressure since shortly after their arrival at the hospital to take the girl off life support. The lack of oxygen to the brain during that hour had a devastating impact, leaving her with massive brain swelling.
"Our fight is going to continue on to provide real language in the law to provide lawyers, courts and guidance because that's what they need in times like this," Justin Moore, the family's attorney, said.
Payton's parents say the hospital stopped treatment for the mass and the brain swelling after a "brain death" test was conducted.
Cook Children's reached out to 28 medical facilities on behalf of Payton but were not able to find a place that would take her.