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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 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 Keystone State is living up to its name, as potentially the linchpin in who becomes America’s next president.“Their processes just were never anticipating such an influx,” said Matthew Weil, with the Bipartisan Policy Center.It’s an influx of early absentee and mail-in ballots, in numbers Pennsylvania has never dealt with before. The state received about 2.5 million mail-in ballots, 10 times the number they had in 2016. Yet, counting all of the state’s ballots will take a while.Watch Gov. Tom Wolf provide an update about the state's election results:“In some of the biggest jurisdictions--Philadelphia, Pittsburgh--they just didn't have the experience counting those quickly,” Weil said. “And the fact that the legislature did not give them time before Election Day to count those, even knowing that this was coming, means that most likely we're not going to have great results until Friday.”Among the areas to watch in Pennsylvania: the suburban counties around the state’s two biggest cities, Pittsburgh and Philadelphia. That includes Bucks County, which lies just north of Philadelphia.“Counting the ballots is really an uncertain science for us,” said Bob Harvie, Bucks County Board of Elections Chairman.Those mail-in ballots also take longer to count.“There are two envelopes we have to open: the outside envelope and the secrecy envelope,” Harvie said. “So, it's really double the work.”Here in Bucks County alone, they sent out 200,000 mail-in ballots for this election. That’s 10 times the number they did in 2016. And in Bucks County, like everywhere else across Pennsylvania, ballots postmarked on Election Day can still be counted if they’re received through Friday. However, elections officials are preparing for the possibility of a legal challenge involving those ballots.“We do know that there's very likely to be a legal challenge to that claiming that that's not constitutional,” Harvie said. “So, we are going to start segregating any mail we get.”In the end, though, officials in Pennsylvania hope the 2020 election keeps voters confident in the election system.“The people you see here working, you know these are not political appointees,” Harvie said. “They’re county employees, they’re government employees, and so, really, they're they've committed themselves to giving people a fair, accurate, safe election.”It’s an election that doesn’t appear to be over just yet. 2411

The Los Angeles Chargers are facing backlash on social media after tweeting out a photo.The tweet read in part, “It's #SaluteToService week and we want to see how members of the military #RepTheBolts!” 209

The Pac-12 Conference announced Thursday that they have decided to will play football this season after all.In a press release, the conference said the season would kick off Nov. 6 and no fans will be allowed "at any sporting competition taking place on Pac-12 campus.""Enabling Pac-12 teams would be considered for selection by the CFP," the conference said in the release. "The football schedule will be released in the coming days."The conference also stated that they be implement cardiac monitoring protocols for all student-athletes who test positive of COVID-19."The Pac-12 institutions are also participating in a national COVID-19 cardiac registry which will allow for medical practitioners to monitor closely, and gain greater insight into, potential health outcomes in student-athletes," the conference said. The conference said teams will play seven conference-only games, with the conference championship game scheduled for Dec. 18.“From the beginning of this crisis, our focus has been on following the science, data and counsel of our public health and infectious disease experts,” said Pac-12 Commissioner Larry Scott. “Our agreement with Quidel to provide daily rapid-results testing has been a game-changer in enabling us to move forward with confidence that we can create a safe environment for our student-athletes while giving them the opportunity to pursue their dreams. At the same time, we will continue to monitor health conditions and data and be ready to adjust as required in the name of the health of all.”The conference also announced that men’s and women’s basketball will begin their season on Nov. 25.In August, the Pac-12 decided that they were postponing this season of college football due to the coronavirus pandemic. 1762

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