SUMMIT COUNTY Appeals court keeps baby on life support for now
Doctors said the infant is brain-dead and unlikely to wake up.
AKRON (AP) -- An appeals court late Friday temporarily stayed a judge's ruling that gave a court-appointed guardian the authority to remove a comatose 6-month-old from life support.
Aiden Stein's parents, Matthew Stein and Arica Heimlich, both 21, asked the 9th Ohio District Court of Appeals to block Thursday's ruling by Summit County Probate Judge Bill Spicer. The Mansfield couple wants Aiden to remain on life support.
Spicer appointed attorney Ellen Kaforey as guardian at the request of Akron Children's Hospital. Kaforey has said she would withdraw Aiden's life support, as doctors have suggested.
The appeals court gave both parties until Monday to file briefs in the case.
What police suspect
Stein is suspected of injuring the baby while alone with him March 15, authorities said. Stein is under investigation, but has not been charged and has denied harming or shaking Aiden.
Three doctors testified that the baby was unlikely to emerge from a vegetative state.
Linda Kersker, an attorney for Kaforey, said Kaforey would consult with doctors and the baby's family before acting.
Messages seeking comment were left for both lawyers Friday.
The baby's parents should not be allowed to decide his fate, Spicer ruled, because they could face criminal charges if he dies.
Dr. John Pope, a pediatric trauma specialist, testified in April that Aiden was a victim of shaken-baby syndrome, was brain-dead, with the exception of his brain stem, and should be removed from a breathing machine. He testified that the boy's injuries were caused by rapid back-and-forth movement that led to massive bleeding in the brain.
Stein has suggested that Heimlich's 13-year-old sister may have injured the child when she held him up and bumped his head on a ceiling fan bulb.
Heimlich has said Stein was innocent of wrongdoing. She suggested the baby had a pre-existing condition that caused his head to become enlarged.
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