Payton Summons Given Additional Week On Life Support

Andrew Greenstein
October 16, 2018 - 11:18 am

© Viktor Levi |


FORT WORTH (1080 KRLD) - The family of a nine-year-old Grand Prairie girl has another week to try and find a facility to care for her.

Monday evening, Tarrant County civil court judge Melody Wilkinson granted a one-week extension of a temporary restraining order to the parents of Payton Summons.

On Sept. 25, Payton was rushed to Cook Children's Medical Center in cardiac arrest, and the hospital has since declared her brain dead.

Justin Moore, an attorney for Payton's parents, says the family has been making headway in finding a new facility to care for her.

"We're getting multiple calls every day from facilities," Moore says. "We're getting a lot from in state, and we get a whole lot from out of state."

Moore says while the parents would prefer to remain in Texas, they'll go to whichever facility will agree to care for their daughter.

Moore says the case is about the parents' right to make decisions for their child.

"The hospital has maintained that it's their unilateral decision to want to remove Payton Summons from life support," Moore says. "The parents have maintained that this decision is something that is collaborative with the hospital."

The parents had offered to allow Cook Children's to perform an EEG and an apnea test on Payton next Monday morning at 11:00 if they were unsuccessful in securing a new facility; and if those tests confirm that there's no brain function, then the hospital could remove her breathing tube at 6:00 p.m.

The hospital did not agree with those stipulations, and Judge Wilkinson did not include them in her order.

"We would have liked to reach an agreement," says the parents' other attorney, Paul Stafford, "and the pssibility still remains that we may be able to do something to resolve this matter."

The hospital's attorney, Greg Blaies, says the temporary restraining order should not have been extended.

"Sometimes the most merciful thing a court can do is apply the facts to the law as in this case," says Blaies. "Unfortunately, the court didn't get it right this time, either."