Lawyers representing the family of a brain dead pregnant woman in Texas released a statement yesterday stating that the fetus is “distinctly abnormal” . The statement comes amidst an intense medico-legal battle in which the hospital has refused to turn off life support as the woman is pregnant, contrary to the wishes of her husband.

The statement read, “The fetus suffers from hydrocephalus [water on the brain]. It also appears that there are further abnormalities, including a possible heart problem, that cannot be specifically determined due to the immobile nature of Mrs. Muñoz’s deceased body,” However, it is still remains unclear whether the fetus is viable.

State District Judge R.H. Wallace is scheduled to hear legal argument tomorrow.