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10th Circuit Dismisses Murphy Appeal Against Children's Hospital Colorado

The U.S. Court of Appeals for the Tenth Circuit dismissed an appeal by Alysia Murphy against Children's Hospital Colorado as moot. The January 8, 2026 ruling ends federal litigation that arose from disputes over Murphy's minor son's treatment at the hospital after he suffered a severe brain injury.

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4 min readcourtlistener
Seal of the Tenth Circuit Court of Appeals

Case Information

Case No.:
25-1304

Key Takeaways

  • Tenth Circuit dismissed Murphy's appeal against Children's Hospital Colorado as moot
  • Case arose from disputes over treatment of Murphy's son who suffered severe brain injury
  • Hospital successfully moved to dismiss despite Murphy's opposition to the motion

The U.S. Court of Appeals for the Tenth Circuit dismissed an appeal brought by Alysia Murphy against Children's Hospital Colorado and several individual defendants, ruling the case moot in an order filed January 8, 2026.

The three-judge panel, consisting of Circuit Judges Carson, Baldock, and Kelly, granted the hospital's motion to dismiss despite opposition from Murphy. The court's order noted that "the parties are familiar with the unfortunate circumstances leading to this proceeding" but provided only minimal background details.

According to the court's order, Murphy's minor son became a patient at Children's Hospital Colorado after suffering a severe brain injury. The document indicates that disputes subsequently arose between Murphy and the hospital, which led to restrictions being imposed, though the specific nature of these restrictions was not detailed in the available portion of the court's order.

The case originated in the U.S. District Court for the District of Colorado under case number 1:25-CV-02248-SKC-STV before being appealed to the Tenth Circuit as case number 25-1304. The named defendants in addition to Children's Hospital Colorado include Lora Byrne, Amy Ross, and Niles Ackerson.

The Tenth Circuit's ruling represents a procedural victory for the hospital and individual defendants, who collectively moved to dismiss the appeal as moot. Under federal law, a case becomes moot when the issues that gave rise to the lawsuit are no longer live controversies, typically because circumstances have changed in a way that makes it impossible for the court to grant effective relief.

The court determined that oral arguments would not materially assist in deciding the appeal, leading the panel to submit the case without hearing from the parties. This decision reflects the court's assessment that the legal issues were straightforward enough to resolve based solely on the written briefs and appellate record.

The order specifically notes that it "is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel." However, it may be cited for its persuasive value in future cases, consistent with Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1.

Children's Hospital Colorado, located in Aurora, Colorado, is a major pediatric medical center that serves children throughout the Rocky Mountain region. The hospital frequently handles complex cases involving severe injuries and critical care situations that can sometimes lead to disputes between families and medical providers over treatment decisions and hospital policies.

The dismissal as moot suggests that whatever circumstances gave rise to Murphy's original lawsuit may have been resolved or changed in a way that eliminated the need for continued judicial intervention. Courts regularly dismiss cases as moot when events have occurred that make it impossible to provide meaningful relief to the parties.

Mootness is a constitutional requirement under Article III of the U.S. Constitution, which limits federal courts to deciding actual cases and controversies. When a dispute no longer presents a live controversy, courts lack jurisdiction to continue hearing the case, regardless of the merits of the underlying claims.

The Tenth Circuit Court of Appeals has jurisdiction over federal appeals from Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming. The court regularly handles appeals involving healthcare disputes, though many such cases involve insurance coverage, medical malpractice, or regulatory compliance issues rather than disputes over patient care policies.

For Murphy, the dismissal represents the end of her federal court challenge against the hospital and individual defendants. The mootness ruling means the court did not reach the substantive legal issues that Murphy raised in her original lawsuit or appeal.

The case illustrates the challenges that can arise in healthcare settings when families disagree with institutional policies or treatment approaches. While the specific details of the underlying dispute were not elaborated in the court's order, the reference to "unfortunate circumstances" suggests the situation involved difficult decisions around the care of a child with severe injuries.

Medical centers like Children's Hospital Colorado must balance providing appropriate care with maintaining institutional policies designed to ensure safety and effective treatment. When disputes arise, both families and healthcare providers may seek legal recourse to resolve disagreements, though as this case demonstrates, changing circumstances can sometimes render such litigation moot before courts can resolve the underlying issues.

The dismissal order was signed by Clerk of Court Christopher M. Wolpert and represents the final disposition of the appeal unless Murphy seeks further review, though the mootness determination would likely preclude additional appellate review.

Topics

hospital visitation restrictionspatient rightsparental rightstemporary restraining orderpreliminary injunctionmedical transferbrain injury

Original Source: courtlistener

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