9-Year-Old At Center Of Legal Fight Over Keeping Her On A Ventilator Has Died, Family Confirms

(CNN) — Payton Summons “passed naturally” after her heart stopped beating on its own Friday around 8:30 p.m., while she was still on the ventilator that had become the crux of a legal battle between her parents and a Texas hospital, her family’s attorney said.

“The family is saddened by her loss but are glad she passed naturally,” Justin Moore told CNN on Saturday.

The 9-year-old girl, who had been declared brain-dead, was at the center of an ongoing court dispute between a Fort Worth hospital, which wanted to remove her from the ventilator, and her parents, who wanted to keep her on the machine.

A judge this week ruled in favor of her parents’ request to have a temporary restraining order against the hospital extended.

Payton was not removed from the ventilator, Moore said.

Payton had been on mechanical ventilation at Cook Children’s Medical Center since late September, following an overnight stay with her grandmother during which she suddenly awoke, “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 that month.

Payton was taken to the hospital, where doctors established a heartbeat, then put her on a ventilator because she was no longer breathing. The hospital established that Payton had suffered cardiac arrest caused by the growth of a very large tumor in her chest that shut off her circulatory system.

A test showed Payton no longer had brain activity, leading her doctors to declare brain death.

“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 hospital told CNN Wednesdayin a statement.

“Brain death, by definition, is irreversible,” CNN Chief Medical Correspondent Dr. Sanjay Gupta has said. “In the United States and most places, it is legally synonymous with death — the same as if your heart stops. … But brain death means a total loss of brain activity.”

In Payton’s case, the hospital said that “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,” according to a separate statement released in September, KTVT reported.

However, the hospital held off on the second exam when Payton’s family requested a temporary restraining order against the facility. The family wanted to keep Payton on the ventilator until they could find another hospital that would take their daughter.

The order was granted, then on Monday extended through October 22.

The day after that approval, the hospital asked the court to vacate the order.

“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,” said the Wednesday statement from Cook Children’s.

“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,” the statement said.

Moore on Tuesday called the hospital’s latest challenge “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 judge on Friday ruled that the extended temporary restraining order would stay in effect through Monday, Moore tweeted.

™ & © 2018 Cable News Network, Inc., a Time Warner Company. All rights reserved.

Thousands In A Migrant Caravan Wait To Cross The Guatemalan-Mexican Border Amid Sweltering Heat

(CNN) — Thousands of Central American migrants fleeing poverty and violence packed a bridge connecting Guatemala and Mexico in sweltering heat Saturday as part of a politically charged, US-bound caravan.

At least one migrant, from Honduras, was killed after falling from a vehicle, Honduran President Juan Orlando Hernandez told reporters after meeting with his Guatemalan counterpart.

“What we have seen in recent days is without precedent,” he said.

At one point Saturday, several dozen migrants on the desperate trek north sang the Honduran national anthem on the edge of the muddy Suchiate River between Tecun Uman, Guatemala, and Ciudad Hidalgo, Mexico.

Others, including a middle-aged woman and her three children, lowered themselves from the bridge on a ladder and climbed onto a makeshift raft that delivered them to Mexico as federal police officers watched nearby.

Exhausted migrants waded across the Suchiate, holding their belongings above the chest-high waters. Rafts ferried others to Mexico.

A group of men helping the migrants across the river chanted “Si se puede” in Spanish, or “Yes you can.” Occasionally, young men jumped from the bridge into the river as onlookers cheered.

Once in Mexico, the migrants rested at a nearby warehouse that turned into a shelter, where they received food, water and medical care.

Their journey continued one day after defiant caravan members rushed past border gates only to be stopped by rows of Mexican riot police who dispersed tear gas and smoke canisters into the crowds.

The slow procession north has led President Donald Trump to threaten to cut aid to Central American nations and to send troops to the US border if Mexico fails to stop the surge.

After US Secretary of State Mike Pompeo and top officials met in the Mexican capital the night before, State Department spokeswoman Heather Nauert said Saturday that Mexico was “fully engaged in finding a solution that encourages safe, secure and orderly migration.”

At a rally in Elko, Nevada, Trump attacked Democrats, suggesting they want more caravans. He called the migrant situation “sad from both sides.”

On the border between Mexico and Guatemala, members of the caravan seemed undeterred by rhetoric from Washington.

“Our message is we’re not criminals,” Honduran migrant Orlean Herrera said. “We’re coming over here because we need a better life. That’s why we’re here.”

Another man shouted, “Donald Trump is the anti-Christ.”

By Saturday morning, the bridge was teeming with men, women, teenagers and children. Some fainted from the heat.

Mexican authorities starting Friday were allowing a trickle of migrants, starting with women and children, to pass through gates near the bridge to Tapachula, where they boarded buses for refugee camps.

Others, chanting and cheering, pushed through or climbed over a steel gate Friday until riot police repelled them with tear gas and smoke canisters. Video showed coughing and weeping migrants collapsed on the bridge. Several police and an undetermined number of migrants were injured.

It was unclear how many migrants would cross the border and how long that process would take. Mexican authorities have said they’d allow migrants to enter the country if they have valid visas or meet other requirements.

The caravan formed last Saturday in San Pedro Sula, Honduras, and arrived Monday in Guatemala. Migrants told CNN en Español they were bound for the United States, seeking work and fleeing political corruption and violence.

Leaders throughout the region have publicly urged them for days to turn back.

Hernandez, the Honduran President, said more than 550 Honduran nationals were being bused back to Honduras, and would be offered jobs and other aid upon their arrival.

Pompeo: ‘This is an organized effort’

Four Mexican police officers were injured in the standoff at the Mexican border, Pompeo said Friday.

Speaking to reporters on a tarmac in Mexico City, where he’d been meeting with leaders about the caravan and other matters, Pompeo accused the caravan of using women and children “as shields as they make their way through.”

“This is an organized effort to come through and violate the sovereignty of Mexico,” Pompeo said.

Pompeo said he had a “good conversation” with Mexican President Enrique Peña Nieto and that the two countries are jointly focused on the caravan issue, but “the Mexican government is making all the decisions on how to address this.”

Peña Nieto called the confrontation a “unique incident,” saying the migrants did not follow the protocols that Mexican immigration officials put in place. He added that some migrants “assaulted and even injured” a number of unarmed members of the Mexican police before they could contain the violence.

“Mexico won’t allow anyone entering its territory in an erratic way and much less a violent way,” he said Friday night in a video statement released on Twitter.

Peña Nieto said Mexican officials would continue welcoming those traveling with the migrant caravan despite Friday’s incident.

Trump, who’s been criticizing the caravan with fiery tweets all week, reiterated his threat Friday that if Mexico doesn’t stop the migrants, he’ll take more drastic action.

“If that doesn’t work out, we’re calling up the military, not the Guard, we’re calling up the military, and we’re going to have the military stationed,” Trump said. “They’re not coming into this country. They might as well turn back.”

Trump has also threatened to cut foreign aid to Honduras, Guatemala and El Salvador.

Clash on the bridge

Members of the caravan gathered Friday morning in the border city of Tecun Uman. They waited in sweltering heat — with temperatures in the mid-80s and 70% humidity — for hours for others to arrive, packing streets for blocks on end.

They streamed through gates on the Guatemalan side of the border around noon Friday, cheering and chanting as they marched. Celebratory air horns blared as they headed toward Mexico’s port of entry.

When they reached a padlocked steel fence near the Mexican side of the bridge, the sheer number of migrants allowed them to break through.

Mexican police pushed them back. Hundreds of Mexican Federal Police sealed the border as drones and helicopters hovered above the crowd.

At least a dozen migrants jumped into the river.

Some of the migrants on the bridge said they joined the caravan because they were desperate for work and had no other choice.

Mexican officials have said people seeking asylum will be processed at Mexico’s southern border. But it’s unclear what will happen next.

Click here to get the latest updates from the Mexico-Guatemala border

Will they reach the US border?

Mexican authorities haven’t said whether anyone from the caravan will be permitted to travel to the US border.

They’ve previously outlined how they planned to respond to the group, stating:

• Anyone with a valid visa will be able to enter and move freely.

• Anyone who wants to be recognized as a refugee or as a beneficiary of “complementary protection measures” must do so individually. Those who do so will be held “at a migratory station” for as many as 45 business days.

• Anyone who enters “in an irregular manner” will be “rescued and subject to an administrative procedure and, where appropriate, will be returned to their country of origin in a safe and orderly manner.”

Mexican authorities also have said they’re asking for help from the United Nations High Commissioner for Refugees to process migrants seeking refugee status.

This spring, when another caravan of Central American migrants crossed into Mexico, such policies allowed that group to make it to the US border.

The latest caravan comes weeks before high-stakes midterm elections in the United States, in which many Republican candidates have been echoing the President’s messaging about boosting border security and cracking down on illegal immigration.

Trump has pointed to the caravan as a key issue in the upcoming elections, describing the group’s approach as an assault on the US border. Immigrant rights advocates have accused his administration of trying to create a crisis to motivate his voter base.

Honduran and Guatemalan leaders talk

Hernandez met Saturday in Guatemala with his counterpart, Jimmy Morales, to work on “implementing a strategy and logistics for the return of Honduran migrants,” Hernandez said on Twitter.

Hernandez also sought permission from Guatemala to send Civil Protection personnel to assist Honduran migrants inside Guatemala on Friday, according to several posts on his official Twitter account.

In addition, Hernandez requested authorization to “hire ground transportation for those wishing to return, even airlifting special cases of women, children, the elderly and sick,” he said, thanking the Guatemalan government for “all the attention given to our Honduran brothers.”

™ & © 2018 Cable News Network, Inc., a Time Warner Company. All rights reserved.

Washington Pulls Away Late To Top Colorado 27-13

SEATTLE (AP) — Jake Browning threw a 26-yard touchdown pass to Aaron Fuller on fourth down with less than four minutes remaining, and No. 15 Washington held off Colorado 27-13 on Saturday.

Washington’s four-year starting quarterback had an unremarkable game up until the Huskies (6-2, 4-1 Pac-12) needed a big play. Rather than trying for a long field goal, Browning and the Huskies’ offense stayed on the field. Facing a Colorado blitz, Browning found Fuller on a quick slant with nothing but the end zone ahead.

Salvon Ahmed and Kamari Pleasant both scored on touchdown runs in the first half for the Huskies, who played without starting running back Myles Gaskin due to a shoulder injury. Washington’s offense was far from its best but found enough running options in the backfield to control the game on the ground. The stable of Ahmed, Pleasant and Sean McGrew led the way for a run game that rushed for 201 yards and averaged 5.2 yards per rush.

Colorado quarterback Steven Montez threw for 144 yards, but the Buffaloes (5-2, 2-2) were shut out and held to 86 total yards of offense in the second half. Washington linebacker Ben Burr-Kirven had 15 tackles and intercepted Montez late in the fourth quarter.

Both teams were without an offensive star. Gaskin, who has been astonishingly durable, missed the first game of his career after aggravating his shoulder injury during a loss last week to Oregon. Gaskin went through pregame warmups in uniform and with his pads on, but when the team took the field for kickoff, he was in sweats on the sideline.

The Buffaloes played without Laviska Shenault Jr., the top receiver in the country, due to a toe injury suffered last week in a loss to USC. Shenault was responsible for 11 total touchdowns through six games.

At least initially, the Buffaloes appeared fine without Shenault. Colorado went 80 yards on its first possession, capping it with a 37-yard TD pass from Montez to freshman Daniel Arias for the first catch of his college career.

But that was the most effective Colorado drive of the game. The Buffaloes had just two drives of more than 40 yards and couldn’t convert a major opportunity late in the first half. Browning was intercepted by Nick Fisher, who returned the turnover to the Washington 9 with 2:12 left in the first half. But the Buffaloes failed to gain any yardage and settled for a 26-yard field goal from Evan Price, cutting Washington’s lead to 14-13 at halftime.

Browning was 15 of 25 for 150 yards, one touchdown and one interception.


Along with Shenault, the Buffaloes were without fellow wide receiver Jay MacIntyre, cornerback Delrick Abrams Jr. and kicker James Stefanou. The absence of Shenault and MacIntyre took 74 receptions and eight touchdown catches from the Buffs’ offense — although 60 of those catches and six touchdowns belonged to Shenault.


Colorado: The Buffaloes are fortunate to be in the Pac-12 South, where they should stay in the division race despite the loss. Every team already has one loss and the Buffaloes have a manageable schedule, facing both Washington State and Utah at home next month.

Washington: The Huskies were lethargic early but rebounded nicely from the loss at Oregon. The Huskies still have Stanford and Washington State on the schedule, meaning they will have major influence on the Pac-12 North race.


Colorado: The Buffaloes return home to face Oregon State.

Washington: The Huskies travel to California next week.


Detroit Police Find 63 Fetuses In Funeral Home Amid Probe

DETROIT (AP) — Police removed the remains of 63 fetuses from a Detroit funeral home and regulators shuttered the business amid a widening investigation of alleged improprieties at local funeral homes.

Detroit police Chief James Craig said officers found 36 fetuses in boxes and 27 others in freezers during Friday’s raid at the Perry Funeral Home. He said he was “stunned” by the discovery, which came a week after the remains of 10 fetuses and one infant were discovered in a ceiling at Detroit’s defunct Cantrell Funeral Home. Those remains were found after state regulators in Lansing received an anonymous letter.

Michigan Licensing and Regulatory Affairs said the remains found at the Perry Funeral Home were turned over to state investigators, who immediately declared the funeral home closed and its license suspended.

Inspectors for the State of Michigan’s Corporations, Securities & Commercial Licensing Bureau said in a statement that they had found “heinous conditions and negligent conduct” at the Perry Funeral Home, including numerous failures to certify death certificates and obtain proper permits for burial.

The agency’s statement said Friday’s findings point clearly toward criminal offenses of state laws regulating funeral homes that could be felonies “punishable by imprisonment for not more than 10 years or a fine of not more than $50,000 or both.”

Craig said the investigation into the Perry Funeral Home began after a man who has sued that business over its handling of remains of infants and fetuses saw coverage of the discoveries at the Cantrell Funeral Home and told his attorney to contact police.

That lawsuit, filed in July, alleges that the Perry Funeral Home stored the remains of stillborn and live birth babies in the Wayne State University School of Mortuary Science morgue for up to three years without trying to notify parents, some of whom wanted to donate the bodies for medical research. It also alleges the funeral home may have fraudulently billed Medicaid, as well as the Detroit Medical Center, for burials it never performed.

The attorneys in that suit, Peter J. Parks and Daniel W. Cieslak, said they believe many more infants’ remains may be found in the improper possession of the Perry Funeral Home, perhaps as many as 200, based on research of logbooks kept by the Wayne State University School of Mortuary Science.

“I’m really wondering where all the rest of them are,” Cieslak said Friday.

Craig said that law enforcement agencies were considering forming a task force to target improper storage of remains and fraud in the area.

As part of investigators’ widening probe, Detroit police also raided another funeral home, the Q A Cantrell Funeral Home in suburban Detroit’s Eastpointe, along with a home in Grosse Pointe Woods.

The recent discovery of the 10 fetuses and one infant at the Cantrell Funeral Home came after state inspectors in April shuttered that business after finding 21 improperly stored bodies, some of them covered in mold, in the facility.

Since April, 38 unattended bodies and 269 containers of cremated remains have been discovered in the facility.

Girl & Family Pay It Forward After Long Journey With Chronic Condition

By Joel Hillan

HIGHLANDS RANCH, Colo. (CBS4) – A Colorado family that has seen their share of pain is getting ready to spread love and raise money during the 2nd Annual Walk for Wishes. The fundraiser helps future wishes come true.

make a wish walk pkg transfer frame 435 Girl & Family Pay It Forward After Long Journey With Chronic Condition

(credit: Burkett family)

Marlee Burkett was born with a chronic liver condition, one that would require surgery at just 8 weeks old and then a full transplant when she was 11 years old.

“She was a Make-A-Wish kid, and her wish was to go to Disney World,” said Marlee’s father, Lance.

make a wish walk pkg transfer frame 1020 Girl & Family Pay It Forward After Long Journey With Chronic Condition

(credit: Burkett family)

While they were in the hospital for the transplant, Make-A-Wish made contact.

“It was amazing, I couldn’t ask for a better trip. It was so much fun and loved how they were with us every step of the way,” said Marlee.

“It would really bring Marlee out of a dark place, and it would bring all of us out a dark place because we had some hope to look forward to,” said Lance.

make a wish walk pkg transfer frame 60 Girl & Family Pay It Forward After Long Journey With Chronic Condition

CBS4’s Joel Hillan interviews Marlee and Lance Burkett. (credit: CBS)

The trip was a highlight in what would be a tough few years for Marlee as her body got adjusted to her new liver.

“And now today, she’s a brand new kid,” said Lance.

“I like not having to be home and be in the hospital constantly. I like being a normal kid now,” said Marlee, who is now a Junior at Mountain Vista High School and manager of the varsity football team.

She wants to be a nurse when she grows up, working with kids. And she wants to give back to Make-A-Wish.

make a wish walk pkg transfer frame 1950 Girl & Family Pay It Forward After Long Journey With Chronic Condition

Marlee Burkett (credit: CBS)

“I couldn’t imagine not giving back to Make-A-Wish because they did so much for me when I was younger,” she said.

“It not only helps kids, it helps families, and it comes back to that word hope. It gives people hope,” said Lance.

Hope just like Marlee’s parents gave her.

“Thank you very much for everything you have done and I couldn’t ask for better parents.”

The 2nd annual Walk for Wishes & 5K Run will be held at Hudson Gardens Sunday, emceed by CBS4 Meteorologist Dave Aguilera.

Joel Hillan anchors CBS4 This Morning on weekends as well as reports stories for CBS4 News at 5 and 6 p.m. Follow Joel on Twitter @joelhillan.

Wine Riot Puts Entertainment Back In The Bottle

Chicago (CBS) — Wine Riot returns to Chicago’s Revel Fulton Market this weekend and will world-class wines alongside bites from top restaurants.

The event will include interactive tastings and crash courses for wine novices and experts alike.

Jason Tesauro, Wine Riot’s creative director, said it is meant to help people be less intimidated by wines, especially those they are unfamiliar with.

The goal for attendees is to “catch a buzz but also some buzzwords,” Tesauro said.

Anyone 21 and older is able to attend Wine Riot, but Tesauro said it’s especially gaged towards millennials because they aren’t afraid to try new things and unconventional combinations.

Tickets to Wine Riot cost $65. For more information, visit Wine Riot’s website.