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Texas Attorney General’s Office Closes Emergency Case After Infant Receives Heart Surgery

Texas Attorney General Ken Paxton’s office filed a notice of nonsuit ending its emergency case involving an infant known as baby Gabriel after the newborn received heart surgery.

The office of Texas Attorney General Ken Paxton said Aug. 19 it has reached a resolution in the case of an infant identified as baby Gabriel, after the newborn received the medically indicated, life-sustaining care at the center of the dispute.

The case began with an emergency intervention. Paxton’s office previously secured a court order protecting the infant, who the office said was diagnosed with a serious heart condition requiring surgery shortly after birth. According to the release, the order ensured he received life-sustaining medical care and prevented anyone from withholding treatment or removing him from the state while the case was pending.

The office also sent a letter to the hospitals and providers involved, reminding them of their obligations under state and federal law to provide medically necessary, life-sustaining care to the infant regardless of whether consent is provided by the intended parents, the release said. As has been publicly reported, the office said, the child was born and received life-saving care pursuant to that order.

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“Every child, no matter what situation they’re born into, deserves to be loved and receive the best possible care,” Paxton said in the release. He said his office “used every legal tool at our disposal to ensure baby Gabriel was able to receive the life-saving care he needed,” adding that he was grateful the child has now received it and asking Texans to continue praying for his health.

With the child’s immediate medical needs secured and the purpose of the emergency intervention achieved, the office said Paxton has filed a notice of nonsuit — a filing that voluntarily ends the state’s case without a ruling on the merits. Paxton said in the release that he will “never stop fighting to defend innocent life and protect those who cannot fight for themselves.”


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