A Tarrant County judge Friday ruled in favor of the family of a brain-dead pregnant woman who wished to take the mother off life support.
The ruling came after a brief hearing held Friday afternoon in a case that has drawn attention around the world. The judge said Marlise Munoz must be removed from life support by 5 p.m. on Monday and that the hospital can appeal.
Munoz, 33, developed a blood clot, and in November, before controversy surrounded her brain-dead condition, Munoz was taken to JPS Hospital, 14 weeks pregnant with her second child.
The hospital disagreed with the family's wishes to have her removed from life support, citing a Texas law that requires a pregnant woman to be kept on life support until the fetus is viable at about 24 to 26 weeks.
The family of Munoz could be seen wiping away tears during Friday's hearing in a Tarrant County courtroom.
Court documents filed on Friday by a family's lawyers and prosecutors representing a Ft. Worth hospital stated the fetus inside a brain-dead pregnant woman was "not viable."
The court filing was the first time the hospital publicly acknowledged the deteriorating condition of the fetus and came just hours before the Friday afternoon hearing.
Erick Munoz, Marlise's husband, filed his own two-page sworn affidavit Thursday.
He begins by stating, "Since my wife's death on November 26th, 2013, I have had to endure the pain of watching my wife's dead body be treated as if she were alive."
He goes on to say he is positive that his wife Marlise is dead and lists several reasons, saying in part, "When I bend down to kiss her forehead, her usual scent is gone, replaced instead with what I can only describe as the smell of death."
He also says, "Her limbs have become so stiff and rigid due to her deteriorating condition that now, when I move her hands, her bones crack and her legs are nothing more than dead weight."
Lawyers for the family on said Wednesday said in a court filing the fetus of Munoz "is distinctly abnormal" and its lower extremities deformed