Family files emergency appeal in fight to keep 10-month-old boy alive

HOUSTON, Texas (KTRK) — The family of a 10-month-old boy continues to fight to prevent a hospital from taking him off life support.

Baby Nick Torres has been fighting for his life for over a week after he was found unresponsive in a bathtub on Sept. 24. His family said his heart is still beating on its own and is asking for just a little more time to find a hospital that will be able to care for him.

An emergency appeal was filed on Sunday with the Harris County court of appeals.

The baby’s doctors said he doesn’t have any brain activity and needs to be taken off life support.

The family is asking for 24 more hours for the court of appeals to decide if it will take up the case.

On Friday, a judge denied a temporary injunction filed by the family and granted Texas Children’s Hospital the power to take Nick off life support today at noon.

Nick Torres is a 10-month-old who nearly drowned in a bathtub. The video breaks down the latest actions in a heartbreaking case.

In the new motion filed by baby Nick’s family, their attorney is asking for more time to keep Nick alive and an accelerated appeals process.

Kevin Acevedo, the attorney of Nick’s parents, Mario and Patty Torres, indicated they are willing to take this all the way to the U.S. Supreme Court.

However, the attorney added an appeal doesn’t mean the court will interfere with the hospital’s decision to take the child off of life support.

Outside the courthouse on Friday, dozens of people, including members of Nick’s family, protested to keep him on life support.

“Give Nick time!” Protesters pleaded with signs and voices to give a 10-month-old more time on life support affter a near-drowning.

“We’re protesting for more time for the judge so that way they can at least find another hospital they can take the child to,” Mark Torres, Nick’s uncle said. “We’re hoping for a miracle. We are praying for a miracle.”

Inside the courtroom Friday, one of the doctors that testified before the judge said the baby was declared deceased on Sept. 30 after a brain wave test was conducted, revealing that the infant did not have any brain activity. Other doctors and professional experts testified agreeing to the conclusion based on medical results.

In closing arguments, the attorney representing Texas Children’s Hospital said Nick died more than a week ago.

Mario and Patty were present via Zoom for the court proceedings. His mother sent an emotional video pleading to keep her son on life support and for the community to continue to pray.
“Please keep praying for our son. I know he is here,” Nick’s mom said through tears.