Payton Summons, Judge Wilkinson, Tiffany Hofstetter

A brain dead Texas girl will be taken off life support on Monday -- two weeks after a judge gave her parents time to find another facility to take her in.

9-year-old Payton Summons collapsed after suffering a cardiac arrest during an overnight stay at her grandmother's house on Sept. 25.

Payton's mother, Tiffany Hofstetter (pictured bottom right), said her daughter woke up and screamed for her grandmother to help her. She told her grandmother she couldn't breathe.
 
READ MORE: Jahi McMath’s Mother Says She Sees Signs of Hope
 
Payton was rushed to Cook Children's Medical Center in Fort Worth, where doctors revived her, but her brain was without oxygen for over an hour. Brain damage occurs after 4 minutes without oxygen.

Doctors found a cancerous tumor twice the size of Payton's heart cutting off her circulation in her chest cavity. Payton battled cancer as a toddler.

An EEG brain scan determined Payton was brain dead and the hospital informed her parents of plans to take her off life support.

Tiffany Hofstetter filed a restraining order against the hospital to keep her daughter on life support.

Judge Melody Wilkinson of the 17th District Court granted the restraining order, giving Payton's parents 2 weeks to find another facility.

But 25 hospitals and facilities refused to take Payton in.
 
READ MORE: Family Confirms Jahi McMath Has Passed Away
 
This week, Judge Wilkinson (pictured top right) declined to extend the restraining order, saying the parents did not meet the burden of proof for injunctive relief, according to family lawyer Justin Moore.

"Unfortunately after 25 out of 28 facilities that were contacted, we had no takers," said family attorney Paul Stafford. "We have two maybes and those were preconditioned on certain things which may be life threatening to Payton [if performed]."

Cook Children's administration said Payton's case is hard on the staff because it depresses them to provide care for a dead child.

The family is considering their options.

  • Miss Thang

    Please let this child go. Honestly, after a certain amount of time of the brain being without Oxygen, we need to let these people go. There is no quality of life after that. It is pure selfishness to keep them here. Quite depressing to see, actually.

  • Gamer?? Chick

    Terrible situation, I pray baby girl and her family can be at peace.

  • Lady_Elle

    I am praying that this family has the strength to let their baby go.
    This is not an easy decision...
    So incredibly sad.
    Curious about why they did not know of the large tumor in her chest cavity. :-(

  • SummerBaby

    Beautiful little girl. ?

  • hi-liter

    Another Jai McMath (?) type story. Its hard to find a facility to take care of a person that has been declared brain dead by other doctors.

  • hi-liter

    Doctors found a cancerous tumor twice the size of Payton’s heart cutting off her circulation in her chest cavity. Payton battled cancer as a toddler.
    ___________________________________________________________
    No yearly Check-ups?...…..No pain?...……. No Symptoms? Damn, I know that has to be tough for the family.

  • GAPeach

    This has to be an awful position for a parent to be in. I can't imagine being put in a position where I have to let my little one go. I can only hope that I would have the strength to make it through.

  • Trace da Ace

    My prayers for this baby girl and her family. Personally, I would never want to be kept alive on life support if I were brain dead and have stressed that point to both my husband and my kids. I know it is hard to let go of a loved one, but sometimes it is the best thing to do. We had to make that same decision with my dad....my aunt ended up signing the papers, because my mother nor I could bare to do it, but we knew it was the best thing.

  • Phillybruh

    Decision to take off Life Support should always be up to the family. I don't care if you need that bed. Gimmie a minute to process all of this.

  • Shamwow

    Seriously sucks the tumor may have been the reason the hospitals said no. ?

  • ohdearme

    Oh dear all I can offer is my sincere prayers that the right decision is made, however it has to be made. I wouldn't wish this on my mortal enemy. Prayers to this family!

  • ShelbyMoore

    We don't know everything, but from the little bit of information provided, there may be lawsuits that could eventually be filed and those hospitals are watching out for themselves.

  • Marlika

    Man I’m praying for this family. I remember when we had to take my mother off life support. OMG the worst decision ever. The doctor told us he made my mom a promise that if she didn’t get better don’t let her sit on life support and suffer. The doctor told us he’ll give us time to make a decision but if we take too long he’s gonna honor my mommy’s request.

    When I tell you I cried my eyes out singing that damn papers. I could see the words in front of me. And felt like zi killed my mother for years after that because I signed those papers. If I could go back in time me and my sister would just let the doctor do it. He was going to do it regardless. ???

  • http://www.pureromance.com LA

    So sorry to hear this.. Don't know what I would do if I had to face that decision.. May God continue to give you comfort..

  • SpiceGirl

    Prayers to the family.....just sad!

  • Sassie

    Damn, Marlika, my eyes just watered reading your story. I'm so sad you had to go through that. Jesus Christ. I don't even know if I could be that strong. My God bless you.

  • Zeta Phi Beta 1920

    Jesus! This hurts. God guide them & heal them through this process called life.

  • Zeta Phi Beta 1920

    e-hug.

  • Yoni7

    I pray they can received everything that they are asking for.

  • http://www.4flavorsofmecreolemami.com/?m=1 ?4FlavorsOfMe ?????CreoleMami?

    oh noooo :( this hurts my heart so bad

  • sherri2016

    This is so sad that a judge determines wether your child lives or not hopefully my sister doesn't have to go through this my 12 year old neice collapsed yesterday they still don't know whats wrong but hopefully it doesn't get to the point of a judge determineing her life

  • Marlika

    ? thank u

  • Marlika

    Thank u?

  • Marlika

    ???

  • Kayke

    Very sad.
    I’m a bit confused, though .... The two “maybes” who have preconditions that “may” be life threatening to her isn’t being considered when the end result is a definitely removal of life support because there are no other facilities willing.

  • Kayke

    Very sad.
    I’m a bit confused, though .... The two “maybes” who have preconditions that “may” be life threatening to her isn’t being considered when the end result is a definitely removal of life support because there are no other facilities willing.

  • Renee26

    Sad...it's hard for a parent to let their child go. Prayers to this family

  • Renee26

    Sad...it's hard for a parent to let their child go. Prayers to this family

  • Renee26

    They may want to cut her open and do reasearch

  • Renee26

    They may want to cut her open and do reasearch

  • Lanegra??

    Wow I hope everything works out as well.

  • Lanegra??

    Wow I hope everything works out as well.

  • MsVAllDay

    Wow! Praying for your family.

  • Kayke

    Even if they’re doing something experimental, that’s not a definite death, like the only option they now have, which is taking her off support.

  • pecancandy

    Rest Easy sweetheart.

  • Rayne

    I hope everything turns around!

  • Anji

    I'm in a nursing home with people whose brain's have died. I've seen enough to know a higher power should decide because they are tortured beings. Years ago I had to sign a DNR for my mom and had so much guilt. People who are intubated cannot control the food's processing. I listen carefully to roommates because there are conditions that don't trigger alarms.
    Families should care for their loved one's 48 hours and witness unnecessary suffering. If they are meant to live after medicine has provided extreme measures, they will do so without machinery. Let them rest. Blessings

  • Anji

    I also signed on my mom, although I knew it was her wish, her life and ultimately God's desire. Release your guilt it's the living who suffer. Blessings to you

  • Anji

    I have already signed my trust so it will not be up to science to keep my heart beating. I witness the continuous poking , prodding, smell the chemicals and dressing changes when a patient can feel and not think.

  • Dowoop

    I thought once you had cancer they did regular screenings afterward too.

  • Miss Thang

    "If they are meant to live after medicine has provided extreme measures, they will do so without machinery."

    Exactly! And the only reason these families want their loved ones to continue "living" is because they aren't the ones who have to actually provide care for these dead people. Make the families take care of their loved ones. Then they will learn what it means to stop being selfish, have mercy on them and release them from their suffering!

  • Miss Thang

    and who's going to pay for that experimental solution? Besides, she is already dead. She is brain dead. There is no coming back from that.

  • Miss Thang

    by the time it gets to the judge, the person is already dead. The family just wants air to be continued to pump inside a dead person lungs and machine to force blood through a dead person's heart.

  • Coffee1st

    I agree with both of you.
    But i also put myself I the family's shoes....man, letting go..smh. This ain't no temporary letting go...this is IT. The pain has to be unbearable.
    But like i said, i get it. Ive seen families who refuse to let their loved ones die a natural, peaceful death because they want them to eat 3 full meals/day, excercise, get out of bed, use suction machines and all kinds of intrusive procedures.
    Full codes for the already dead is almost inhumane.

  • Coffee1st

    Oh my sweetheart! I'm so sorry you had to go through that. I really hope you have reconciled everything and you're at peace. You didn't kill your mother, you gave her rest.

  • Li-Wright

    Considering their options like -- SUE THE HOSPITALS?

  • sunni_daze

    Its best to remove the child from life support. It's painful to watch someone you love be in that condition and it not fair to them to keep them here in a veggie type state. Release the pain and begin to heal.

  • Candance

    God have Mercy on them while they go through this. That's hard.

  • imright

    the parents need to stop being selfish, let ur loved one go so u can grieve

  • ZRoJoTheLezBeyond

    I have tears in my eyes reading your story. I'm so sorry for you and your family.

  • MSGREENMINUSTHEENVY

    Bye Baby.

    My twin and I both agreed under no circumstances would we allow each other to suffer.
    She is married and has a son and even with that she was like memories in her sons mind of her suffering in a vegetative state to her is inhumane.
    I concur so whichever twin is left and has do the final say so its on them.
    I could never swallow the pill of losing my sister nor my mommy or brother this way or at all.
    There is a great burden of caring for a loved one in this state of loss of life, not mentioning the great cost
    Jahi McMaths' family gave everything up to cover her cost of living following the horrible condition of her health post op.

    Payton has already gone to glory and it's her family who hasn't accepted that agonizing fact.
    I pray peace and understanding over this family.

  • Jackie Byrd

    This has got to be the hardest thing for the parents, but as a mother who had to take her son off of life support at the age of 33, it wasn't easy. But my family helped me come to terms with it I donated his organs and one of the recipients wrote me a letter and told me thank you because they were able to live again because of one of my son's kidney. Praying for the parents.

  • Quitedeliteful

    That was very brave of you to take your son off of life support and very kind of you to donate his organs....

  • Quitedeliteful

    Easier said than done....

  • Quitedeliteful

    Hopefully the doctors can quickly find out what is wrong with your niece. The worst has to be not knowing...

  • Quitedeliteful

    Your mom knew that if she told you of her wishes you and your sister would try to talk her out of it. It's can't be easy letting go of a loved one. You and your sister are truly strong people...

  • Quitedeliteful

    This has to be the most heart wrenching situation any mother or family member has to face. If the girl was in a coma there's always a chance that she will wake up but brain dead is permanent and hospitals are probably thinking about the cost of long term care because who is going to pay if the family can't.

  • Gail

    How dare the hospital's foremost concern be for the feelings of their staff. The parents lost their daughter. Where the he$$ is their compassion?

  • SumthinSweeter

    Jesus & smmfh. In all things God has his hand but as a health care worker, science is the rational.

  • Kayke

    Same person who was going to pay for her to stay on support.

  • Dahl

    I wish I hadn’t read to the end. This almost made me cry, my heart breaks for the family and that beautiful little girl...

  • Miss Thang

    Exactly. It's time to pull the plug.

  • Marlika

    ?

    This happened in 2001 but sometimes it feels like yesterday.

  • Marlika

    .?

  • Marlika

    I’m not feeling guilty anymore. It happens in 2001, I was a couple of years after that. My heard aches anyone who has to go through this.

  • Marlika

    I’m praying for her. ??

  • Alicia.Ashe

    My condolences to the family beautiful girl.

  • Malai

    In JESUS name your little niece is healed! I am owing it!! Blessings to you and your family. ??

  • TheOwley

    It's a terrible situation all around. This is reminiscent of Jahi McMath’s situation. The parent did not accept her brain dead diagnosis and nothing changed for 5 years until her body followed. Same in this case, it's hard to accept the brain is gone. Needless to say, some people do recover, most don't. It's an ethical conundrum. We simply don't have facilities for brain dead individuals to stay ad infinitum. If I'm to mistaken, Jahi was eventually taken home where she died.

  • Malcom Flex

    Sorry to hear this where is her black father damn even with their swirl kids bm out the picture.

  • Solstice

    Bless you!! I am sorry for your loss. I can’t imagine what it is like to make such a difficult decision. ???

  • imright

    thats a fact.

  • Jussjess25

    Oh what a sad story I am so sorry to hear this. Rip to the young angel ?

  • Jay Blossom

    Bless her and condolences to her family. Her brain is receiving an unexplained amount of warm infinite love and comfort; and it's not to be here to be washed. Bless her soul and spirit...R.I.P.

  • Jussjess25

    Aww so sad Im sorry to hear that. If anyone knows how it feels its you.

  • Marlika

    ?

  • sherri2016

    Thank. You for the prayers mt neice is now out of Icu she had a seizure in her sleep which caused her to choke on her vomit she's much better now but not 100

  • sherri2016

    Thank you for the prayers my neice is out of icu and doing better

  • sherri2016

    She had a seizure in her sleep which caused her to choke on vomit she's slowly getter better

  • the guest

    Devastating.

  • the guest

    Amen.

  • ClaireHuxtable

    Here's a good article:
    latimes dot com/local/lanow/la-me-ln-jahi-mcmath-dies-20180628-story.html

  • ClaireHuxtable

    How unselfish! God bless you.

  • ClaireHuxtable

    Hold no guilt. You made the best decision you could.

  • TheOwley

    A loss like this is felt throughout, specially by the family of a pediatric patient. It shouldn't be taken out on the staff. They see tough cases and you need to have a tough constitution to deal with these issues day in and out. They are not necessarily part of the $$$ system that says yes or no. That falls to administrators who have their own issues with cases like this. Personally I think they should have coma institutions to send people that are kept on life support even though they are brain dead.

  • SummerBaby

    Sorry for your loss! Thanks for sharing. ??

  • Chocolate

    Omg this is awful- prayers for her and her family! Poor baby ?

  • Monty Bee
  • Quitedeliteful

    Thank God she's recovering. At least now they know she's prone to seizures so they can monitor her...

  • Guess Who

    This is so heartbreaking.

    I am questioning this huge tumor in her chest. I wonder if she ever had an symptoms prior to the cardiac arrest?

  • Malai

    That is a blessing !! I know she has some ways to go before she fully recovers but just shower her with love, support, and comfort and she WILL heal! ??????

  • Kita Williams

    there is this thing in healthcare called the secondary victim which consists of all staff (providers, nurses, techs) who are involved in emotional cases like this one and other cases that end in harm or death. it's a real thing so of course the mental and emotional health of the healthcare workers will be considered bc they are the ones providing care knowing that all of their training cannot revive this young girl. they have feelings too