Texas Family Sues to Keep 10-Month-Old Baby on Life Support After Hospital Says He’s Brain-Dead

gofundme Nick Torres

A family in Texas is suing a children’s hospital to keep their baby on life support, after he was declared brain dead by doctors.

Nick Torres, 10 months, was taken to a Texas hospital on September 24 after he was found unconscious and unresponsive in a bathtub, CNN reported. He was transferred from the hospital’s intensive care unit and taken to Texas Children’s Hospital.

Within the week, doctors declared Nick brain dead, court documents obtained by CNN reportedly said.

But Nick’s parents, Mario and Ana Patricia Torres, believe that because their son’s heart is still beating on its own, he has a chance to live.

The couple has sued the hospital to keep Nick on life support, alleging in a complaint obtained by CNN that the hospital had been “rushing to make a decision.”

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The Texas Children’s Hospital’s pediatric intensive care unit’s senior medical director Dr. Matthew Musick said in court documents that Nick’s “current condition and physiological changes have nothing to do with the presence of oxygen provided by the ventilator. In addition, these changes cannot be stopped or slowed by the ventilator or any other service,” CNN reported.

The Torres’ sought an injunction against Texas Children’s and more than $1 million, CNN reported, though a judge denied it. Mario and Ana Patricia were given more time to file an accelerated appeal, and all sides were given until 5 p.m. Wednesday to present evidence to the court, according to the outlet.

The hospital maintains that it is “indisputable medical fact” that Nick showed “signs of postmortem deterioration,” court documents said, according to CNN, and that he had “developed progressive signs of organ failure, including cardiac failure.”

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The hospital said that multiple evaluations, including one from the Texas Medical Center, showed “complete cessation of all spontaneous brain activity,” deeming Nick dead according to state law, CNN reported.

Texas Children’s Hospital told PEOPLE’s in a statement, “Our hearts are with the entire Torres family as they go through this unimaginable situation. We know losing a child is incredibly difficult for any family. Texas Children’s seeks to provide the most compassionate and appropriate care possible to every patient we serve.”

The Torres’ attorney Kevin Acevedo told CNN that the case is “about life and death, what we believe and who gets to choose when a child is taken off life support.”

“Do the parents choose, or do the doctors choose? And when the doctors don’t agree with the parents, who gets to decide?” Acevedo said. “And those are the issues that are at the heart of this case.”

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How Shawn Johnson and Andrew East Reinforce Positive Body Image for Their 10-Month-Old Daughter

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Shawn Johnson and Andrew East are already committed to making sure their 10-month-old daughter, Drew Hazel, has a positive view of herself.

The couple recently opened up to PEOPLE about the small, and adorable, ways in which they reinforce a positive body image for Drew. The effort is especially important for Johnson, 28, who recently told fans about her struggles with eating disorders after competing in the 2008 Olympics as a gymnast.

For East, welcoming his daughter last November helped open his eyes to the burden of a negative body image.

“Now that I have a daughter, I feel like I have a different perspective on it, whereas before, I don’t think I really understood the body image issues as a male as much,” he tells PEOPLE.

“But now it’s something that I’m consciously trying to build in Drew as a positive self-image, because I know that our home is probably the best chance she has at getting positive reinforcement like that.”

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The NFL player, 29, went on to share that they have “a couple of fun traditions” they do as a family before Drew’s bath time. Often, they’ll stand in front of the mirror so Drew can see herself.

“I’ll say, ‘Oh, wow, look at the perfect baby,’ ” East adds of their bath time routine. “Just trying to do little things like that where she sees herself and relates it with positive things.”

Johnson says that as Drew gets older, they’ll continue to have conversations about body image. The athlete shared her own story, she says, “to tell more and more people that we’re not all perfect.”

“I wish as a kid, I had someone who had gone through that and had coached me through it and shared their journey so I didn’t feel alone,” Johnson says.

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The couple have recently partnered with battery brand Duracell to get the word out about their lithium coin batteries, which have a bitter coating on them to discourage babies and small children from accidentally ingesting them.

“We’re new parents, and we have no idea what we’re doing, and we can research and prep and prepare and baby-proof all we want, but we’re still learning new things every single day,” Johnson says of the potential safety hazard. “It was just shocking to see that there was so much more we had to learn and to do to protect our baby.”

“There’s nothing that a baby won’t find that has potential to hurt them,” East adds. “And we’re in the phase now where Drew’s running around and we’re putting up the baby gates