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The parents of Payton Summons, who was declared brain-dead, have been granted more time to keep their 9-year-old on a ventilator at a Fort Worth, Texas, hospital.Lawyers for Payton's family filed a new request on Monday to extend a temporary restraining order that would keep her on the machine at Cook Children's Medical Center. The order has been extended until 6 p.m. October 22, according to Justin Moore, a lawyer for Payton's family.Yet on Tuesday, the hospital filed a mandamus challenging that extension and asking for the extended temporary restraining order to be vacated."The judge's decision has put all of us in an incredibly difficult position. As a hospital made up of women and men who made it their careers to save lives, we are truly devastated for this family," a statement from Cook Children's said Wednesday."But when Payton Summons suffered brain death on September 25, she was determined to be dead under clear Texas law and the laws of every other state," the statement said. "There is no treatment that can be provided for her at Cook Children's or any other facility that will change that. To maintain a dead person on mechanical ventilation and insist -- in fact order -- that health care providers continue treating a deceased, deteriorating body is medically, ethically, and morally wrong. We will continue to support this family during this difficult time."After the mandamus was filed Tuesday, Moore tweeted that the move was "legal wrangling.""The hospital is reverting to legal wrangling for an attempt at preventing Payton's parents from looking for facilities to accept their baby girl," he wrote.A previous temporary restraining order against Cook Children's Medical Center was scheduled to expire Monday afternoon after Judge Melody Wilkinson of the 17th District Court of Texas denied a request last week to extend it."The parents want to keep on fighting," Moore told HLN's "Michaela" last week."It's probably the hardest case I've ever had to deal with in my young career," he said. "Just to see this particular situation where parents are just fighting tooth and nail and they're not gaining an inch at all, it's just heartbreaking."Payton has been on the ventilator at Cook Children's Medical Center since late September, after she went into cardiac arrest due to a large tumor in her chest.Last month, she was staying overnight with her grandmother when she suddenly woke up, "screamed for her grandmother to help her and said that she couldn't breathe ... then she collapsed," Payton's mother, Tiffany Hofstetter, told CNN affiliate KTVT in September.Payton was transported to the hospital, and doctors established a heartbeat but put her on a ventilator because she was no longer breathing.She was confirmed brain-dead after a test determined that she did not have brain activity."Brain death, by definition, is irreversible," CNN Chief Medical Correspondent Dr. Sanjay Gupta said in 2014."In the United States and most places, it is legally synonymous with death -- the same as if your heart stops," he said. "But brain death means a total loss of brain activity."Under Texas law, a person is considered dead when they have suffered an irreversible loss of all brain function, the hospital said in a statement in September, according to KTVT."Per our protocol and national pediatric medical standards, a second brain death exam was scheduled to take place by a different physician within 12 hours of the first to complete the legal process of declaring Payton deceased," the hospital said."In addition to dealing with the sudden blow of her cardiac arrest and devastating brain injury, Payton's family is also coping with the news that the arrest was caused by the growth of a very large tumor in her chest that is shutting off her circulatory system."The hospital held off on performing the second brain death examination because Payton's family filed that temporary restraining order against the facility. It was filed in order to keep her on the ventilator until they found another hospital that could take their daughter. The family's co-counsel Paul Stafford said last week that the family contacted about 25 other facilities, but there were no takers."Unfortunately, after 25 out of 28 facilities that were contacted, we had no takers. We have two maybes, and those were preconditioned on certain things which may be life-threatening to Payton if performed," he said.On Wednesday, Moore said on "Michaela" that "the facilities that we've talked to that have presented some preconditions for admittance, they have talked about a tracheostomy being performed. So with that being the case, Cook Children's would have to perform this procedure in order for these facilities to look at taking Payton, and Cook Children's has maintained that they would not perform this procedure."That remains the impediment for acceptance into other facilities," he said.Kim Brown, a spokeswoman for the hospital, said in a statement this month, "Cook Children's has been informed that we no longer have the ability to speak to media about Payton Summons. Although the family previously signed a consent form authorizing the release of information protected by the Health Insurance Portability and Accountability Act (HIPAA), we have been notified by the family's lawyer that the family has revoked their consent for us to speak about Payton's condition."Unfortunately, this means that we are no longer able to provide detailed, factual information regarding this case. We're disappointed that the family has revoked their authorization because we believe that accurate information facilitates fair, balanced and informed reporting."The-CNN-Wire 5684
The House Judiciary and Oversight committees have released a transcript?of former FBI Director James Comey's closed-door interview with the committees on Friday.Lawmakers and Comey said that the interview was tense and that Republicans were frustrated by instructions from a Justice Department attorney telling Comey not to answer certain questions about the Russia investigation. Comey and House Democrats said the interview was a waste of time consumed with questions about Hillary Clinton's emails.The transcript was released as part of a compromise struck by Comey and House Judiciary Chairman Bob Goodlatte, R-Virginia, who had initially subpoenaed Comey to appear behind closed doors.Comey fought the subpoena in court, saying he would only testify if the proceedings were held in public. But he later backed down, agreeing to appear behind closed doors on the conditions that the transcript would be released as soon as possible and he would be free to speak about the interview afterward.Comey was interviewed as part of the Republican-led investigation into FBI's investigations into Clinton and Donald Trump and Russia in 2016. Republicans are preparing a report detailing their findings before Democrats take control of the House in January. 1265
The holidays are right around the corner, but Walmart won't be hiring for help.The retailer plans to meet its need for extra work during the holiday shopping season by giving existing employees more hours, according to a release from the company.Hiring seasonal holiday help is a tradition in retail. Walmart rival Target has already announced plans to bring on 100,000 temporary holiday workers.But Walmart's move is a sign of the tightening labor market which has made it difficult for employers to fill open positions. There were a record number of unfilled job openings nationwide in the latest government reading of the labor market. More than 600,000 of the open positions were from retail.It also can be seen as part of the effort by Walmart, the nation's largest private sector employer, to make jobs there more attractive and to cutdown on turnover.The company announced a series of pay raises for its lowest paid employees in early 2015, which took the minimum pay for most employees to an hour by last year, and the average pay for its full-time workers to about an hour. Part-time workers are paid about an hour on average.For part-time employees, additional hours could increase total pay more than an increase in hourly pay.Walmart says it employed the same strategy of more hours for existing employees during the holidays last year and "we heard great feedback from our customers and associates," according to Judith McKenna, chief operating officer of Walmart U.S.Walmart had 1.5 million U.S. employees as of Jan. 31, according to a company filing. 1585
The National Football League announced on Wednesday that they'd canceled the 2021 Pro Bowl due to COVID-19.The news comes as the league deals with games being postponed due to players and coaches testing positive for the virus.The league added they are talking with the National Football League's Players Association to replace the game with virtual activities to replace the competition.The league stated that the players will still be named to Pro Bowl teams at the end of the season, which fans can begin voting for starting Nov. 17.The league will announce the results in December.The pro bowl was set to be played in Las Vegas in 2021, but they'll have to wait until 2022 to host it.This marks the first time since 1949 that the league hasn't played the pro bowl, ESPN reported. 791
The Mid-American Conference announced on Saturday that it would be canceling the fall season for all sports due to COVID-19 concerns. They become the first league competing at college football's Division I level to cancel their fall season over Covid-19 concerns. The Council of Presidents unanimously voted to cancel the fall season, citing the health and safety of the student athletes, coaches and communities as its top priority.With the MAC’s 12 schools facing a significant financial burden by trying to maintain costly coronavirus protocols, the conference’s university presidents made the decision to explore a spring season for football.MAC schools rely heavily on revenue from playing road games against power conference teams. Most of the power conference football games were canceled when other conferences went to exclusively or mostly in-conference games. Without the out-of-conference games, the strain of trying to implement all that it would take to keep players and staff safe during a pandemic became too much.Football isn't the only sport being canceled. All fall sports in the MAC, including men's and women's cross country, field hockey, men's soccer, women's soccer and women's volleyball, will not be played this season.Kent State University sent a message to its student's athletes regarding the MAC's decision to cancel fall sports this season, stating that all student athletes who receive a scholarship will get to keep it and that the school is reaching out to the NCAA to request an additional year of eligibility for those who would like it.Nine of 13 conferences at Division I’s second-tier of football, the Championship Subdivision, have already postponed their fall football seasons, with an eye toward making them up in the spring.The MAC has not announced a decision for winter sports at this time.The conference is working to plan for the 2021 spring semester and said it will continue to consult with its Medical Advisory Panel and will monitor COVID-19 developments as it makes its decision. 2038