(FOX 2) - A court hearing Tuesday to decide the short-term fate of a Monroe County teen on life support was unsuccessful, as the judge dismissed the case because he didn't have jurisdiction.
The original attorney for the family of 14-year-old Bobby Reyes admitted he filed in the wrong court so the Washtenaw County judge couldn't hear the case. It was needed to be filed in the court of claims and it was filed in circuit court. Because of that, the judge said he also couldn't grant them a 48-hour stay to re-file the paperwork in the correct court.
Meanwhile, Reyes is on life support after an asthma attack that led to cardiac arrest back in September. Ever since his family has been looking for a new hospital to continue his care after doctors at Mott Children's Hospital in Ann Arbor declared him brain dead.
Doctors there said tests show "Bobby has no brain activity, no brain stem activity, no electrical activity or blood flow to Bobby's brain" and that continuing medical intervention would be "inappropriate."
However, that conclusion was unsatisfactory for Bobby's mother, Sarah Jones. Reyes' attorney also said Tuesday that they have second opinions from other doctors that Reyes does still have functions and isn't brain dead.
It's unclear now how much longer Reyes can remain on life support.
"This is life or death right now. So we are going to file something; I have something prepared already and we're going to file it, I don't know if it's going to be successful or not. This could be the end. I hope and pray not, but we're going to file something quickly, get it filed within the hour and hope that the court of claims will give us a chance," family attorney William Amadeo said Tuesday immediately after the dismissed hearing.
"I never thought I'd be fighting to keep my son alive; I thought I'd be waiting for him to get better, not protecting him constantly," his mother also said.
Meanwhile, Mott Children's Hospital isn't talking to the media but Amadeo says they likely would administer a second test on Bobby's brain activity. Depending on the results, legally they could discontinue life support - but Amadeo says the family would not give their consent for a second test.