. >> reporter: marlise munoz's body is still in the intensive care unit in the john peter smith hospitalrth. with a lawsuit now filed, hospital officials have said they're encouraged by this development because the courts are the appropriate venue to provide clarity, direction and resolution in this matter. the hospital spokeswoman has said this is not a difficult decision for us. officials at john peter smith hospital say they are simply following the texas law that overrides a woman's end of life wishes if she is pregnant. marlise's family calls that decision absurd. they say because she is brain-dead, the law does not apply to her. tom mayo, a law professor at southern methodist university helped write the law 15 years ago. he says the hospital is wrong because marlise cannot be brought back to life. >> i don't see how we can use a provision of the law that talks about treating or not treating a patient in a case where we really don't have a patient. >> reporter: marlise's fetus is now about 21 weeks along. doctors can still hear a heartbeat, but it's not clear what kind of damage the

this is from a spokeswoman for john peter smith hospital where they said the billing department at the hospital "will review its customary procedures for identifying payers and reimbursement." so, it seems clear that they expect to be paid for the medical bills that have been incurred over the last nearly two months. we do know that in various phone calls we've made, we tried to reach out to marlise munoz's employer and the insurance company that we believe, where she is sponsored and has her insurance with. those two groups said that they could not speak or offer any more details because of privacy issues, but that is clearly something that -- and i spoke with erick munoz's lawyers a couple weeks ago and they said that that is something that they anticipate and will have to deal with once they get past this emergency hearing tomorrow. >> wow, a whole other side to that. ed lavandera, thank you. sunny hostin and mark geragos are completely divided on this. also ob/gyn dr. lisa masterson and also attorney and children's advocate areva martin. areva, this affidavit the husband filed with

this morning john peter smith hospital took marlise munoz off life support and released her body to her husband erick munoz. erick munoz didn't wish to speak to the media. his attorneys issued a statement saying the munoz family will lay marlise munoz to death and grieve over the lose. on friday a judge ruled jps hospital in fort worth texas had until tomorrow to remove marlise munoz from life support, which the family said she would have wanted. the family wanted the machines turned off the by texas law the hospital couldn't do ta because she was pregnant. it gendered a great deal of attention on both sides of the debate. activists were outside the hospital much. >> we are disheartened that the hospital pulled the plug on a 22-week old baby. >> jps issued a statement saying the hospital's role was not to make or contest the law. erick munoz is focussing on the new changes of being alone as he raises their young son, who is a little over a year old. >> i walk in the door, and he's waiting for mum to show up somewhere. that's the hardest. >> people close to the family say they must find

. >> reporter: marlis's body is still in the intensive care unit of john peter smith hospital in ft. lawsuit now filed hospital officials have said they're encouraged by this development because the courts are the appropriate venue to provide clarity, direction and resolution in this matter. the hospital spokeswoman has said this is not a difficult decision for us. officials at john peter smith hospital say they are simply following the texas law that overrides a woman's end of life wishes if she is pregnant. marlis's family calls that decision absurd. they say because she is brain-dead, the law does not apply to her. tom mayo, a law professor at southern methodist university helped write the law 15 years ago. he says the hospital is wrong because marlis cannot be brought back to life. >> i don't see how we can use a provision of the law that talks about treating or not treating a patient in a case where we really don't have a patient. >> reporter: marlis's fetus is now about 21 weeks along. doctors can still hear a heartbeat, but it's not clear what kind of damage the blood clot tha

but essentially what the judge has ordered is for john peter smith hospital here in ft. worth to declare marlise munoz dead and to turn over the body to eric munoz and her family by 5:00 p.m. central time on monday afternoon this. would give some time for attorneys for the hospital, john peter smith hospital, to file some sort of appeal. at this point we have reached out to the hospital and lawyers representing the hospital. so far they are not making any comments. so it's not clear if the hospital will try to appeal this ruling or just simply move on. >> ed, we've heard for some time about the family and their wishes. the family has claimed for some time that marlise was brain-dead. so did the hospital's attorneys explain their rationale for keeping her on these machines for so long? >> reporter: this has been part of the emotional part for this family. all along we've only been able to hear from the munoz family who said that marlise was brain-dead and the fetus isn't viable. part of what made today so emotional today the hospital acknowledged she is brain-dead. there

john peter smith hospital in fort worth obeyed a judge's order to stop life sustaining treatment. they issued a statement saying the munoz and machado families will now precede with the somber task of laying marlise's body to rest and grieving with the loss suffered. >>> music's biggest stars got together for 56th annual grammy awards. macklemore and ryan lewis helped marry 33 couples. ringo and paul got together for a song. that is a tiny part of the almost four hour long show. nbc's rafael seth has details. >> random access memories. >> daf punk got lucky. >> generosity. they're generous of spirit. >> the helmeted men who don't speak in public performed with stevie wonder and then claimed record of the year. >> the robots would like to thank -- you know, honestly, i bet france is really proud of these guys right now. >> royals. >> song of the year went to new zealand teen lorde. >> this is the one thing that i did not expect the most about tonight. >> hip-hop duo mcle more and ryan lewis scored four grammys including best rap artist and new album. >> i want to thank our fans, th

. >> reporter: marlis munoz was removed from a breathing machine at 11:30 this morning at john peters smith hospital in fort worth. the hospital said it would not appeal a judges order to have that woman removed. the hospital had said it was following a texas law prohibiting the prohibiting of life sustaining treatment from a pregnant patient but the attorneys said that did not apply to ms. munoz because the doctors already determined she was braindead, a family attorney said the family will now finally be able to complete what has been an unbearably long and arduous journey. anna werner, cbs news, dallas. >> maryland police are putting together a profile of darion marcus aguilar, the 19-year-old gunman who killed two people in a shopping mall outside of baltimore yesterday before killing himself. jeff pegues is there tonight with the latest, jeff. >> reporter: jeff, investigators who have been trying to pin down a reason for this murder, so far they don't have one, they have gone through evidence in the suspect's home including a journal. late today bill mcmahon the police chief leading th

an artery blockage in the lungs, she was rushed to john peter smith hospital in fort worth, she's beenrt there ever sense her husband and parents went to court asking to let her be allowed to die with big at this and have the machines turned off. the hospital argued texas law won't allow it since she is pregnant. the law states a person may not withdraw life sustaining treatment from a pregnant patient. but it also states if a doctor declares the patient to be irreversible brain dead the patient is legally dead. that's why a judge was asked to interpret a state law that is less than clear. after the ruling, the munoz family attorney talked briefly to reporters. >> this is the decision we sought. there is nothing happy about today. it's a sad situation all the way around. we are relieved that eric munoz can now move forward with the process of burying his wife. >> such a sad story being compounded by marlies' constitutional rights being trampled by the state of texas. and in my opinion making a very incorrect interpretation of this law. >> reporter: pro-life activists were hoping for a

john peter smith hospital in texas issued a statement on sunday saying they would follow a court order to disconnect the machines keeping munoz alive. she was 14 weeks pregnant when her us found her unconscious in november possibly due to a blood clot. both the hospital and family agreed that the ruling meant she met the criteria to be brain-dead. >>> edward snowden says national security isn't the nsa's only purpose. in his most recent interview, he said the nsa collects dat to to help u.s. corporations gain a competitive advantage. >> does the nsa spy on successful german companies to prevail, to have the advantage of knowing what is going on in a scientific and economic? >> i don't think to preempt the editorial decisions of journalists. i will say there's no question the u.s. is engaged in economic spyi spying. if there's information they think would be beneficial to the national interests, not the national security of the united states, they'll go after that information and they'll take it. >> that interview was conducted at an undisclosed location for german tv. meanwhile, a russ

officials at john peter smith hospital in ft. worth said the hospital's rule was not to make or contest law but to follow it. >>> michael's craft retailer is warning customers their credit cards may have been compromised. the company says federal law enforcement agencies are investigating fraudulent use of some shoppers' cards. no word how many customers may have been affected. this comes in the wake of cyber attacks at two other major retailers, target and neiman marcus. >>> chuck schumer said he will propose legislation to help fund tracking devices for autistic children. the bill will be called avontae's law to honor a 14-year-old who disappeared after wandering off from school. his remains were discovered three months later. schumer said the legislation is similar to a federal program to track seniors with alzheimer's. >>> the crisis in ukraine does not seem to be easing despite political concessions offered by president yanukovych. today supporters paid tribute to one of their own they say was killed by authorities. britain'

came together outside the hospital last night to pray for munoz, at the same time the hospital john peter smith hospital continues to weigh its options. it read a statement last night saying it's consulting with the local district attorney's office. it can appeal, but if it doesn't, she will be taken off life support at 5:00 p.m. central monday. doug? >> will, thank you very much. >>> at this hour, police are saying they are moving slowly as they try to identify the gunman in the maryland mall shooting, as they release some information about the victims. we'll be bringing you the very latest on this investigation. >>> and next, it's a revolution that began three years ago, sparking tension throughout the middle east known as the arab spring. we'll look at the developments since that uprising. stay with us. i'm beth... and i'm michelle. and we own the paper cottage. it's a stationery and gifts store. anything we purchase for the paper cottage goes on our ink card. so you can manage your business expenses and access them online instantly with the game changing app from ink. we didn't get into bus

john peter smith hospital owe bade a judge's order to stop life sustaining treatment. the munoz family attorney issued a statement saying, the munoz and machado families will now proceed with the somber task of laying marlise munoz's body to rest and grieving over the great loss that has been suffered. >>> music's biggest stars got together for the 56th annual grammy awards. french electronic duo daft punk won the night's biggest awards. macklemore and ryan lewis helped marry 33 couples. ringo and paul got together for a song and that's just a tiny part of the almost four hour long show. rafael has more. >> random access memories, daft punk. >> reporter: daft punk got lucky at the grammys sunday night with five awards including album of the year. >> generosity, they're generous of spirit. >> reporter: the helmeted french men who don't speak in public performed their hit sonk get lucky with stevie wonder. then minutes later claimed record of the year with collaborator pharrell doing the talking the. >> the robots would like to thank -- you know, honestly i bet france is

. >> axelrod: a spokeswoman for john peter smith hospital in fort worth says officials held talks todayct attorney's office in the case of marlise munoz, the pregnant brain dead woman who has been at the heart of a national controversy. the hospital is under a court order to remove life support by 5:00 p.m. monday. still ahead, the big wave surfers of the maverick's invitational. suffering from the flu is a really big deal. with aches, fever and chills- there's no such thing as a little flu. so why treat it like it's a little cold? there's something that works differently than over-the-counter remedies. prescription tamiflu attacks the flu virus at its source. so call your doctor right away. tamiflu treats the flu in people 2 weeks and older whose flu symptoms started within the last two days. before taking tamiflu tell your doctor if you're pregnant, nursing, have serious health conditions, or take other medicines. if you develop an allergic reaction, a severe rash, or signs of unusual behavior, stop taking tamiflu and call your doctor immediately. children and adolescents in particula

the 33-year-old has been on a breathing magazine at john peter smith hospital since november. lawsuit, her family says she expressed clearly her desire not to be resuscitated in such a situation. lynn machado is her mother. >> i just... i feel like i'm going to cry because i know in my heart my daughter is gone. but to see her shell there and being forced to be alive, the ventilators and the feeding tubes and all, we feel like we're caught in this limbo. >> reporter: the hospital says it must abide by a 1999 texas law which says "a person may not withdraw or withhold life sustaining treatment under the subchapter from a pregnant patient." >> no matter what, she didn't want to be linked up to machines. >> reporter: munoz is in serious condition and the hospital refuses to confirm whether she is legally brain dead, citing confidentiality. the hospital's strict interpretation of the law shields it from any liability if it's accused of prematurely withdrawing life support. but thomas mayo, a law professor at s.m.u. who helped write the texas statute, says the hospital may be misin

two days later, the 33-year-old was declared brain dead by doctors at john peter smith hospital. her family wanted to disconnect the breathing machine, but the hospital refused citing a 1999 state law. it says: today larry thompson, the lawyer representing the hospital said it believes the statute was enacted to protect the life of the child. but the munoz family's lawyer, jessica janicek, described the hospital's stance as a science experiment. she said testing found the fetus, now at 22 weeks, is deformed with fluid on the brain, a fact the hospital did not refute. lynn machado is marlise munoz's mother. we spoke to her earlier this month. >> i break down and i cry because i know in my heart my daughter's gone but to see her shell there and being forced to be alive by the ventilators and the feeding tubes and all, it's hard to see her when -- we feel like we're caught in this limbo. >> reporter: the county hospital issued a statement tonight saying it appreciates the impact of the consequences of the order on all the parties involved and will be consulting with the district att

john peter smith hospital took marlise munoz off life support and released her body to her husband erick munoz. he did not wish to speak to the media. his attorneys issued a statement saying: >> op friday a judge ruled jps hospital in fort worth texas had until tomorrow evening to remove marlise munoz from life support, which her husband said she would have wanted. the hospital had countered allowing texas law wouldn't allow her to take the action because she was pregnant. the case generated a great deal of attention from both sides, with some anti-abortion activists arguing that the foetus should have had a chance to be born. demonstrators were outside the hospital. >> we are disheartened that the hospital chose to pull the plug. >> jps issued a statement stating that the hospitals role was not to make or contest the law. they focused on the new challenges as they raced the couples young son, a lit of over a year old. >> i walk in the door, he's waiting for momma to show up somewhere. that's the hardest. >> people close to the family say they must find the strength to complete an unbear

jps, john peter smith hospital behind me, this is what they sent to cnn. from the on set jps has said its role was not to make nor contest law but to follow it. on friday a state district judge ordered the removal of life sustain treatment from marlise munoz. the hospital will follow the court order. they have maintained they were following state law and did nothing wrong. that state law requiring a pregnant woman receive life sustaining treatment. all along they said she wasn't alive, there was no patient to give treatment to. that was a big contentious battle lasting eight and a half weeks. fred. >> nick, given this case and the outcome, is there any indication this law will be challenge now? >> that is a very interesting question. i did go back to the hospital and ask them. although they decided to abide by the judge's ruling on friday which required them to remove marl marlise from a ventilator, are you appealing? they simply said to me, fred, nick, we will follow the court's mandate. >> nick, thanks so much, in ft. worth, texas. >>> new details in tha

. >> a john peter smith hospital in ft. worth says it cannot remove her because it's against state law because the woman is pregnant and doing so would harm the baby. the family attorney says the fetus is distinktly abnormal. >> 5:21. a new development in the bridge scandal involving chris christie. prosecutors want more information from his re-election campaign. [ sports announcer ] here's another one, alyson dudek. hales corners, wisconsin. nice pass by alyson dudek. can she hang on to that spot? and she does! [ male announcer ] with the u-verse wireless receiver, your tv goes where you take it, allowing inspiration to follow. ♪ [ dad ] looks pretty good, right? [ girl ] yeah. [ male announcer ] add a u-verse wireless receiver today. ♪ >> welcome back. good morning. this morning a new twist in the political payback investigation in new jersey. the re-election campaign for new jersey governor chris christie now has less than two weeks to comply with subpoenas from the federal prosecutors. the state republican party has als

worth, john peter smith hospital.eak publicly beyond a few statements about her condition because of privacy laws, but they insist that they are on the right side of the law. but, brooke, what is interesting we got a chance to speak with two of the people who were involved with the crafting of this law in the late 1990s, if indeed marlice munos is brain dead, then the hospital is on the wrong side of the law. >> if she's brain dead, she's dead, so letting her die is not really the concept. but can you take her off of the ventilator? i think you can. surrogate decision makers make that decision with their doctors every day, not just in texas, but around the country. >> brooke, there are about 30 states across the country that have similar laws to this on the books. of that, there's a small group of about 10 or so states that have the strictest laws, texas is one of those. but i spoke with their attorneys last week and they're researching the law trying to figure out what the strategy moving forward will be. >> i know y

but officials at john peter smith hospital over in ft. worth cited texas law. a law which read, doctors could not withdraw life sustaining treatment from a pregnant patient. so they have kept her on a respirator all this time and her family sued. saying that it was a violation of her constitutional rights. recent court documents also revealed very sad findings about the unborn child. a statement reads in part, and i'm quoting here, according to medical records we have been provided, the fetus is distinctly abnormal, even at this early stage, the lower extremities are deformed to the extent that the gender cannot even be determined. now, this has sparked heated debate all across this country, some pro life supporters have taken to the internet and called erick munoz a murderer. others have not been as harsh but protested outside the hospital in recent weeks, arguing to give this baby a chance, saying miracles happen every day. but again, just about 40 minutes ago, a tarrant county district judge siding with the family and ordering that marlise munoz be removed f

shortly after being taken to john peter smith hospital in ft.as, doctors tell her husband, eric, his wife is brain dead and will never recover. >> i can't say enough about her. i can't do her justice. >> marlise's body is connected to a ventilator, despite the family's wishes and what her family says were her wishes. eric munoz says as paramedics, it was a conversation they had often. >> we've seep things out in the field and we both knew that we didn't want to be on life support. >> but the hospital refuses to unplug the ventilator because marlise is pregnant. texas is one of about 30 states that restricts a woman's ability to be disconnected from life support if she's pregnant regardless of the patient's or family's directive. >> we've reached the point that you wish that your wife's body would stop. >> after more than a month, the family files a lawsuit, demanding marlise be disconnected and her body turned over to them for burial. the case sparks a debate over end of life decisions. >> we just don't want the hospital or if it does go to cour

protesters have shown up outside john peter smith hospital in fort worth where this is happening. those pro life advocates say, just wait a few more weeks and try to deliver the baby because they argue miracles happen every single day. listen. >> i think if they think become it they would be very grateful to have their baby. >> we should tell you this there have also been people outside the hospital who support this man and arguably the extremely difficult decision he is forced to make here, shepard. >> casey in dallas. wow. >>> it's so cold across part of the country that shifts normally breaking ice in the arctic are hard at work just north of america's biggest city. we'll find out how long this bitter cold will last. i've lived here 15 years. never had a cold spell like this, ever. ever. never seen anything like this. awful. spring, hello, come visit. >>> the deep freeze is still holding strong across many states here in the united states, where temperatures are not budging from the single digits and much below. now the arctic blast has reached so far south it's turned parts of

earlier today, he's a member of the fox medical aid team, and he tells me if those doctors at john peter smith hospital in fundamentalist worth where it is all playing out wait a few more weeks until the fetus is at a viable state at around 24 to 26 weeks, it's possible that babe could be delivered by cesarean and live. right now the mother is at 21 weeks. however if there are alternative situations that we don't know about like an infection or interrupted blood flow to the fetus, the chances of the baby making it will be lower. >> every day at this hospital we have patients and families who have to make difficult decisions and in every one of those cases, our position is jps and the health care system does not change. we follow the law. >> the family's lawyer is not talking right now, they tell me they're waiting for their day in court now, shep. >> and this poor family caught in the middle of this decades long running battle between pro lifers and pro-choicers. >> there's been protests outside the hospital, a contentious issue as you can imagine and a lot of people are chiming in on social m

john peter smith hospital released a statement to the media that read in part from the onset, jps has said its role was not the make nor contest law but to follow it. on friday a state district judge ordered the removal of life sustains treatment for marlise munoz. the hospital will follow the court order. miguel? >> nick, do we know how long it will be now before she expires now that she's been taken off of the respirator and ventilator? >> reporter: we believe that she has expired. she has passed. she has been clinically dead since november 28th, clinically brain dead. which really was the point of contention between the hospital and munoz family. they argued you can't keep giving life saving treatment to somebody who's not clinically alive. a big question going forward is, who's going to pay for the hospital bills? who's going to pay for the bill that -- the costs racked up to keep marlise munoz on a ventilator. we know she was covered by united health care insurance. because of hipaa laws, we don't know exactly the coverage that she had. i'm sure that's going to be a big question

. >> reporter: officials at john peter smith hospital here in ft. worth will not say if marlise munoz is brain-dead, but in a statement, hospital officials said that the hospital will follow the law as it applies to health care in the state of texas and that every day, "we have patients and families who must make difficult decisions. our position remains the same, we will follow the law." >> i think they got it wrong. >> reporter: tom mayo was one of the advisers who helped write this law 15 years ago and which was signed by then texas governor george w. bush. the southern methodist university law professor says if munoz is indeed brain-dead, like her family says, then the hospital has the law all wrong. >> if she is brain-dead, she's already dead, so letting her die isn't really the concept, but can he say take her off the ventilator? i believe he can. surrogate decision-makers make those kinds of decisions with their doctors every day. >> reporter: marlise munoz was 14 weeks pregnant when she collapsed. the fetus is now almost 20 weeks. the family

john peter smith hospital in ft.ys state law forces doctors to continue to treat a pregnant patient. we got new video this hour. posted on youtube by an egyptian newspapers, shows a series of bomb explosions in cairo. nbc news hasn't independently identified the video. six people are left dead. >>> a painstaking recovery at the senior center in canada. a fire destroyed it yesterday, five people were killed and 30 people are still unaccounted for. >>> 19-year-old pop superstar justin bieber's court date is set for monday. he's out on bail after his arrest thursday morning for driving under the influence. here with us now is celebrity correspondent for today show.com courtney haslet. justin bieber, is he growing up, is this part of him becoming a man? is this part of him trying to bring in a bad boy image that he's no longer a kid? >> i think that might be giving him too much credit. what you're seeing is a result of something not being told the word no and having consequences. when he gets pulled over and caught for s

this morning, john peter smith hospital took her off life support released her body to her husband, eric. >> no comment. >> eric munoz didn't wish to speak to the media. his attorneys issued a statement saying the families local now proceed with the somber task of laying march lease munoz's body to rest and grieving over the great loss that has been suffered. on friday, ag judge ruled jps hospital in fort worth, texas had until tomorrow evening to remove munoz from life support, which her husband says she would have wanted. the family had asked a judge to have machines turned off. the hospital countered by arguing texas law wouldn't allow it to take that action because she was pregnant. the case has generated a great deal of attention from groups on both sides of the abortion debate, with some anti-abortion activists arguing munoz's fetus deserved a chance to be born. today, demonstrators stood outside the hospital. >> we are very disheart ended that the hospital chose to pull the plug of this 22-week old unborn baby. >> jps issued a statement stating that the hospital's role was not to

family wants marlise munoz disconnected from the ventilating system there at the hospital at john peter smith hospital in ft. worth. they go on to say in this statement also tonight, anderson, that "quite sadly, this information is not surprising, due to the fact that the fetus, after being deprived of oxygen for an indetermine nate length of time, is jestating within a dead and deteriorating body as a horrified family looks on in absolute anguish, distress and sadness." and what the family asks for in this emergency hearing is that marlise munoz's body be disconnected knrefrom the ventilators and turned back over to the family so they can bury her body. >> has the hospital responded? >> the hospital is represented by prosecutors for the district attorney's office in ft. worth. we've reached out to both of them and they told us tonight they would have no comment before the hearing on friday afternoon. >> all right. ed, i appreciate the update, as disturbing as it is. i want to bring in legal analyst sunny hostin and mark geragos, also on the phone is nationally renowned ob/gyn lisa masterson,

family wants marlise munoz disconnected from the ventilating system there at the hospital at john peter smith hospital in ft. worth. they go on to say in this statement also tonight, anderson, that quite sadly this information is not surprising due to the fact that the fetus after being deprived of oxygen for a an -- for an indeterminate amount of time, is gestating within a dead and deteriorating body, as a horrified family looks on in absolute anguish, distress and sadness. they are asking she be taken off the ventilators and turn her body over so she can be buried properly. >> has the hospital responded? >> reporter: we have reached out to the public hospital there in ft. worth. they are actually represented by prosecutors for the district attorney's office in ft. worth. we've reached out to both of them. they told us tonight they would have no comment before the hearing on friday afternoon. >> all right, ed, i appreciate the update as disturbing as it is. i want to bring in our legal analyst sonny hostin and mark geragos and obgyn host of the health and heels broadcast. dr. masterson, thi

had followed what it believed were the demands of the state statute from the onset, and jps, john peter smiths said its role was not to make nor contest law, but to follow it. and now you have at least one texas state senator, bob dual, a republican, who cea's suggestin that the legislature will look at clarifying this measure. what kind of support is he getting there? >> well, it's hard to say right now. things are still very much up in the air i think politically. but it's inconceivable to me that the legislature will ignore what's happened in ft. worth. they'll certainly want to take a look. it would be anyone's guess, though, what the fate of this provision will be next year. >> and you were instrumental in writing this law, and it reads here, a person may not withdraw or withhold life-sustaining treatment under this subchapter from a pregnant patient. when you first heard about this case, and when you thought about what you helped put into place, did it baffle you how -- and i believe the quote was, you believed it was being misused? >> yes. for a while, we didn't know if ms. munoz was,

. >> john peter smith hospital in fort worth refused to take her off life support citing a law prohibiting doing so for patients that are pregnant. >> we are not about making law or contesting law. if this goes to a court or judge who says you need to change what you are doing, we'll follow the direction of the local system. >> the hospital is refusing to comment on whether or not she is brain dead, due to patient privacy laws, her husband has been adamant and vocal and state of pregnancy. >> the word declared by the t p attorneys, suing the hospital, demanding she be released from a ventilator. this is in contrast to a family fighting to keep their daughter jahi mcmath alive after an oklahoma hospital ruled to take her off life support, declaring she was brain dead. >> i have to do what is right for me and jahi mcmath. >> the girl was released to the family and is now at an undisclosed facility. back at forth-worth there were dualling protests in support of the family. >> the family deserves peace and closure and she deserves to rest in piece. >> there's a second person, the unboard baby.

john peter smith has maintained that their simply following state law. this state law was applicable in the case of marlise munoz. earlier one of the professors, south methodist professor who helped co-write this law he told cnn last week that the hospital is misinterpreting this law. that it's applicable only to a living person. all of that was put to rest yesterday with the judge's decision when they agreed on crucial facts. both the hospital and family of munoz saying that the fetus is not viable and that marlise munoz has been legally brain-dead since november 28th. this has been months of wait and see for the family, victor and christi. >> nick, let me ask you, what arguments specifically were raised in court? >> reporter: it was a very dramatic day in court yesterday. a lot of very gruesome details that were released. and some of them coming from the lawyer of the family. eric munoz, this is the husband of marlise munoz, saying he could smell his wife's decaying body. that every time he touched her that she cracked. her organs were decomposing. tha

. >> reporter: a statement from the hospital says in part, in all cases john peter smith will followake difficult positions. our position remains the same. we follow the law. >> some would argue if there's a possibility that if the fetus is viable, maybe that life should be protected. >> well, yes. and we've tried to refocus people's attention to what we think is the crux of the issue, and that is that she did not want to be on life support. >> reporter: it could be weeks before tests determine whether the pregnancy could be carried to term. until then, the family believes the law is being miss interrupt interpreted and needs to be clarified. for cbs this morning, azel, texas. >> jack ford joins us now. good morning. >> good morning. >> what happens if in fact there has been a legally request she be taken off life support if in fact she was brain dead? >> if you don't have the law in texas that says that you cannot withdraw life sustaining support from somebody who is pregnant, if you didn't have that, then you have a different scenario. then you can have either a written what they c

john peters smith hospital says they are encouraged by this development because the courts are the appropriateenue to provide clarity, direction and resolution. marlese munoz is about 21 weeks pregnant. it is hard to know if the fetus can survive. >> the same as saying things will be well. you can have important effects from situations like this that aren't manifest as things that can be seen on ultrasound or mri. >> reporter: her body remains inside this hospital while the debate over what should happen to her rages outside. ed lauvendera, cnn, dallas. >>> the case is complicated because although she may have had conversations with her family before she collapsed, she didn't leave anything in writing. as a result, the hospital is bound to the state's law despite the family's wishes. >> still to come, a u.s. journalist kicked out of russia and one of the first such cases since the cold war. >> i really don't have any theories. it doesn't seem to make a lot of sense. >>> up next, russia's reason for booting him and why the country is standing by its decision. hey, the new guy is loaded with pro

two days later, the 33-year-old was declared brain dead by doctors at john peter smith hospital.her family wanted to disconnect the breathing machine. the hospital refuses citing a 1999 state law, it says a person may not withdraw or with hold life sustaining treatment from a pregnant patient. larry thompson the lawyer representing the hospital says it believes the statute was enacted to protect the life of the child. a munoz family lawyer described the hospital's stance as a science experiment. testing found the fetus, now at 22 weeks is deformed with fluid on the brain. a fact the hospital did not refute. lynne is her mother. we spoke to her earlier this month. >> i break down and cry because i know in my heart my daughter is gone. to see her still there and forced alive by the ventilators and the feeding tubes and all, it's hard to see her. we feel like we are caught in limbo. >> reporter: after the ruling the county hospital issued a statement saying they understand the impact of the consequences of the order on all the parties involved and will consult with the district atto

she is in the 21st week of pregnancy in the john peters smith hospital in fort worth.us is not viable until the 24 or 26-week mark. her family is suing the hospital hoping a judge will order her doctors to discontinue life-support but the hospital is not budging for now. >> we followed the law. so whether it is state or federal law, if it applies in health care in the setting of a hospital we will abide by the law of the land. >> they're pointing to the texas health and safety questioned and it states that a person may not withdraw life sustaining treatment from a pregnant patient. however, the family is arguing she is no longer a patient by definition because she's deceased. now this decision really struck a chord with pro-life advocates. the priests for life organization relating this statement to fnc. it reads in part and i'm quoting here, the lawsuit launched by eric munoz is nothing less than an attempt to kill his wife and unborn child. it's a sad mockery of the meaning of fatherhood and of love, life and law. we should tell you attorneys representing the munoz f

officials at john peter smith hospital said they are following the texas law that overrides a woman's end of life wishes if she's pregnant. the family calls that decision absurd. they say because she's brain dead the law does not apply to her. tom mayo a law professor at southern methodist university helped write the law 15 years ago. he said the hospital is wrong because she cannot be brought back to life. >> i don't see how we can use a provision of the law that talks about treating or not treating a patient in a case where we really don't have a patient. >> reporter: her fetus is now 21 weeks along. doctors can still hear a heart beat but not clear what kind of damage that killed the mother has done to the unborn baby. even ultrasound and heart beat patterns can't accurately predict if the fetus is viable. a risk the family doesn't want to take. >> those things can't perfectly predict health in outcome and there's certainly occasions where as we look as best as we can tell, fetus appears to be developing appropriately and meeting utes milestones and yet after birth, after delivery

john peter smith hospital refused to remove it saying that state law districts that life support should not be withdrawn from pregnant patients. now a judge has ordered the tubes be removed. cnn's nick valencia is live. nick, this ruling comes after the hospital conceded. two main points. what are they? >> yes, and they were crucial facts, fred. one is that marlise munoz has been legally brain dead since november 28th and the other is the fetus is not viable. as you mentioned, all along jps hospital maintained they were simply following state law and no legal precedent for them to go off of and they felt in this case the law was applicable. interestingly enough, one of the co-writers of that law, smu professor, we sat down and spoke to him and he said the hospital they got it all wrong. >> and so i don't see how we can use a provision of the law that talks about treating or not treating a patient in a case where we really don't have a patient. that's not a question of philosophical speculation. dead is dead, in texas and in all 50 states. >> it has been an agonizing 8 1/2 weeks for the

john peter smith hospital officials say they're encouraged by the development because the courts areide resolution in this matter. >> the same as saying that things will be well because you can have important affects from situations like this that aren't manifested as things that can be seen on ultrasound or mri. >> her body remains inside this hospital while the debate over what should happen to her rages outside. >> boy, the questions that are raised here. let's take it through with a couple of people who know the law and then try to apply the facts. we have sonny hoston and jeffrey tuben. so we have the law, which is about allowing life sustaining treatment and then the counter argument here of this is not life sustaining, she is already dead. you then have the key fact of a discussion between spouses that this is our wish. but do we know that they had this conversation, even if she were pregnant how would she feel. how do you see it? >> i think the law is pretty clear that you can't remove this life sustaining treatment to a pregnant patient. her husband is saying they did have t

that led between a bitter fight between her husband and john peter smith hospital where she's being kept would kill the fetus. the hospital has until 6:00 p.m. eastern on monday to disconnect his wife from a ventilator and other machines. her family's attorney reacted to that ruling. >> this is the decision we sought. there's nothing happy about today. this was a sad situation all the way around. we are relieved that eric munoz can now move forward with the process of burying his wife. >> a columnist for the ft. worth star telegram covering the story. thank you for being with us. we know the two sides the hospital and the family agreed yesterday jointly that in fact the fetus was not viable, but this is not something the hospital had been on board with. so why before the hearing yesterday is this something we're now finding out that, yes, they do say that the fetus isn't viable? >> t.j., the fetus is not viable because it's not ready for a premature delivery at this point. the fetus is not -- would probably not survive. it is too early to deliver the fetus is why it's not viable. the bat