Baby at Center of Legal Battle Over Whether to Continue Life Support Dies After Going Home with Family

Nick Torres, 10 months, was declared brain dead on September 30

Nick Torres
Nick Torres. Photo: gofundme

A baby whose family sued a Texas children's hospital to keep him on life support has died.

Nick Torres, 10 months, was taken off life support Tuesday, ABC 7 reported. Nick died within hours of arriving back home, Dr. Joseph Varon told the outlet.

"As a clinician, I'm going to say it's just basic science," Varon said of Nick's death. "This is just a natural evolution that was going to happen."

Nick was declared brain dead on September 30 after he was found unresponsive in a bathtub nearly a week prior, PEOPLE previously reported.

Nick's parents, Mario and Ana Patricia Torres, sued the Texas Children's Hospital after doctors told them their son was brain dead. The couple had been hoping that because Nick's heart was still beating at the time that he had a chance to live.

Texas Children's Hospital previously said in court documents that it was "indisputable medical fact" that Nick showed "signs of postmortem deterioration," and that remaining on a ventilator would not improve his condition.

Nick's "current condition and physiological changes have nothing to do with the presence of oxygen provided by the ventilator. In addition, these changes cannot be stopped or slowed by the ventilator or any other service," Dr. Matthew Musick said in the documents, CNN previously reported.

On Tuesday, Varon added that Nick was "surrounded" by family when taken off his ventilator.

"Everyone was very respectful and praying," the doctor said, per ABC 7. "Eventually, when I said he had flat-lined, I disconnected him from the respirator. They were very emotional. The last thing you want to see is your children go through this."

"Now, the timing is what calls my attention, to be honest with you," he added. "It would appear the baby waited until he got home to move on."

The hospital said in a statement to ABC 7 that Nick had been released Tuesday "with the full approval and authorization" of the Harris County Medical Examiner.

"We continue to do everything we reasonably can to support the Torres family in this very tragic and difficult situation," the statement said.

The hospital and a spokesperson for the family did not immediately respond to PEOPLE's request for comment Wednesday.

The hospital previously told PEOPLE in a statement, "Our hearts are with the entire Torres family as they go through this unimaginable situation. We know losing a child is incredibly difficult for any family. Texas Children's seeks to provide the most compassionate and appropriate care possible to every patient we serve."

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