RICHMOND, Va. (WRIC/AP) – The Virginia Supreme Court has denied VCU Health System’s request to allow it to immediately perform a test to determine whether a 2-year-old who choked on a piece of popcorn is brain dead.
Additionally, the high court also denied the hospital’s motion to expedite the appeals process, the family’s Lawyer, Phil Menke, confirmed to 8News.
“I’m happy the court has given us the full time to file an appeal,” he told 8News Reporter Tracey Smith.
The court Friday denied a petition from Virginia Commonwealth University Health System, which wants to perform an apnea test on Mirranda Grace Lawson. Mirranda’s family has refused to allow it.
The Richmond Circuit Court ruled against the Lawsons last month but allowed them to pay a $30,000 bond barring the hospital from conducting the test while they appeal to the Virginia Supreme Court.
The hospital asked the state Supreme Court to throw out the circuit court’s bond order. The Supreme Court didn’t explain why it rejected the hospital’s petition.
“They were using every argument they could think of try to speed it up,” Menke said. “They were trying to have the matter resolved quickly and the Supreme Court just wouldn’t go for that.”
Menke said this battle is so much greater than what is being argued in the courts.
“If we win the legal appeal but in the mean time her condition deteriorates because she didn’t receive these other treatments, a feeding tube, thyroid treatments, well then we’ve won a victory, but for nothing,” Menke added.
Menke said they are working with the Life Legal Defense Foundation to find a doctor willing to give Mirranda Grace the treatments that the family believes is necessary.
“We just need to keep turning over every stone, until we can find a doctor willing to do it,” Menke said.
The Lawsons’ appeal is due to the state Supreme Court in September.
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