Family 'Preparing' to Bury Mother After Judge's Life Support Ruling

PHOTO: Erick Munoz is contesting the decision to keep his wife, Marlise, on life support.

After a judge ruled that a brain dead woman should be taken off life support, the family of Marlise Munoz is finally preparing for her burial, according to lawyers.

Munoz has been on life support since a suspected pulmonary embolism rendered her brain dead in November. On Friday, a judge ordered the Texas hospital where Munoz was treated must remove her from life support by 5 p.m. Monday.

The 33-year-old paramedic was 14 weeks pregnant at the time she suffered the suspected embolism. As a result of her pregnancy, John Peter Smith Hospital in Fort Worth said it was bound by state law from removing her from life support until Munoz miscarried or a baby was born.

Why Texas Fetus Might Have Had 'Abnormalities' Before Mother Was Brain Dead

Munoz's family said she never wanted to be on life support, and they sued to have her removed from it on Jan. 14, arguing that the law didn't apply to her because she was legally dead.

Judge R. H. Wallace Jr. agreed. "Mrs. Munoz is dead," the judge ruled Friday.

After the ruling, Munoz's husband, Eric, stood with his lawyers as they made a statement on his behalf.

"This is the decision we sought. There is nothing happy about today. This was a sad situation all the way around," Munoz family attorney Heather King told reporters after the ruling. "We are relieved that Eric Munoz can now move forward with the process of burying his wife."

When asked for his response to the ruling an emotional Eric Munoz could barely answer "No comment."

"He needs to prepare for the future and for Monday," King responded on Munoz's behalf.

John Peter Smith Hospital released a statement after the ruling, but did not say whether or not they would appeal the ruling.

"JPS Health Network appreciates the potential impact of the consequences of the order on all parties involved and will be consulting with the Tarrant County District Attorney's office," read the statement.

Read about how Christmas was Munoz's favorite holiday and a confusing time for her family.

The case has sparked a heated debate about whether a woman who is medically dead should be kept on life support for the duration of her pregnancy for the sake of her fetus. Although Munoz's mother told that this is not about abortion for them, the case has also garnered attention from both sides of the abortion debate.

"It's very frustrating because we know what our daughter wanted, and we're not about to honor that because of this law," Munoz's mother, Lynne Machado told in December, before deciding to contest the law.

On Wednesday, the family's lawyers announced that the 22-week-old fetus was "distinctly abnormal," with water on the brain, a possible heart condition and lower extremity deformities.

Texas law states that "a person may not withdraw or withhold life-sustaining treatment under this subchapter from a pregnant patient," but the judge determined it doesn't apply to Munoz because she is already legally dead. In Texas, death is legally defined as "the "irreversible cessation of the person's spontaneous respiratory and circulatory functions," according to the Munoz family's legal filing.

According to the suit, the hospital has interpreted the law in a way that "makes no sense and amounts to nothing more than the cruel and obscene mutilation of a deceased body against the expressed will of the deceased and her family."

They also questioned whether the law was constitutional, but the judge did not make a ruling.

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