FORT WORTH, TX (CNN) - The parents of a nine-year-old girl who was declared brain dead by a Fort Worth hospital have been denied a temporary restraining order extension that would keep their daughter on life support.
On Wednesday, a judge ruled the hospital will not be forced to keep the little girl’s ventilator on after Monday; however, her fate remains unclear.
Nine-year-old Payton Summons has been on life support at Cook Children’s Medical Center for over two weeks after she went into cardiac arrest.
Doctors say they also found a tumor in her chest when she was brought into the hospital.
Payton’s parents say she still has a heartbeat, and that she is still alive.
An attorney that represents the hospital says she is brain dead which means she is legally dead and argues that she should be removed from the ventilator.
However, a temporary 14 day restraining order issued October 1st has prevented them from doing so.
The hospital has been looking for another facility for Payton to go to during this time; so far, they have contacted 28 facilities, all of which have declined.
During a hearing on Wednesday, a judge heard testimony from both parties.
The judge ultimately decided that she will allow the order to expire.
Laura Copeland with the Cook Children’s Healthcare System says, “There is no treatment that can be provided for her at Cook Children's or any other facility. It was our hope today that the court would make a determination that would give this family some closure. Unfortunately that did not happen and we remain in legal limbo."
Attorney Paul Stafford says on Monday the restraining order will expire at 1:20 p.m. which is when they will have a discussion with all parties involved and try to resolve the matter.