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A Vacaville 2-year-old is dead, not because of the severe respiratory illness that stole his vibrancy along with his breath last April, but because of the heartless action by a hospital in the midst of an appeal, according to his loved ones and his lawyers.

“This is a sad, sad state because this is an execution of an innocent 2-year-old in this country. This child was alive and this child was not brain dead,” said Attorney Kevin Snider.

An execution, Snider says, carried out by Children’s Hospital of Los Angeles on his client Baby Israel Stinson.

“Unfortunately the courts and the medical community wanted to rush in and pull the plug on him to be crass,” he said.

Stinson’s family’s fight to restore him to the normal life of a toddler had taken them from Mercy and Kaiser hospitals in the Sacramento region to a Catholic hospital in Guatemala where he was until about two weeks ago.

Though there’d been dispute between doctors locally about baby Israel being brain dead, Snider says the hospitals involved had not performed the Electroenchelaogram, or EEG, that can be one of the definitive tests for brain waves.

“When those were performed by another facility, (they) found that he in fact did have brain waves.  He was not brain dead,” Snider said.

That facility was the one in Guatemala.

FOX40’s learned there was direct consultation between doctors there and the one who agreed to admit him at Children’s in L.A.

But baby Israel’s lawyers claim as soon as he arrived there staff was “difficult from the get go.”

The Stinsons secured a restraining order to keep him on life support until Sept. 9 to clarify his condition.

“The hospital would not provide an examination for brain death, and so we got permission from the court to bring in the parents’ own doctor. The hospital of course did not want that,” said Snider.

“So they rushed into court to stop this,” he said.

A Los Angeles Superior Court judge dissolved the family’s restraining order this morning.

Baby Israel’s life support was disconnected around 3:20 p.m. — just after an appeal of that decision had been filed, an effort Stinson family lawyers say the hospital was well-aware of.

“California constitution’s is much like the rest of the country’s, and that is that life is an inalienable right. And whenever the government decides that it will change when life ends and put it in other people’s hands outside of the loved ones, that is, that is a threat to all of us,” Snider said.

FOX40 asked representatives from Children’s Hospital of Los Angeles to share their version of what happened to baby Israel.

Spokesman Lorenzo Benet provided this statement: “Due to health privacy concerns of which we are bound, we cannot comment.”

As of Thursday afternoon, baby Israel’s extended family members were en route from the Sacramento area to L.A. to support his parents as they deal with the loss of their boy.

Lawyers for Israel say they may continue their federal suit challenging California’s definition of death as “brain death.”

They are also considering a suit against Children’s Hospital of Los Angeles.


Stay with FOX40 and for the latest on this developing story.