An unvaccinated COVID-19 patient who flew from Minnesota to Texas in a legal battle over whether ventilators should be shut down died Saturday, the family’s attorney said.

A Minnesota judge issued a restraining order on Jan. 13 preventing Mercy Hospital from shutting down the machine that kept Scott Quiner alive after his family sued Coon Rapids Medical Facility. The family took Quina to a hospital in Texas.

“We are completely devastated,” the family’s attorney, Marjorie Holsten, said Saturday.

Quina, 55, of Buffalo, has been in the intensive care unit at Mercy Hospital since Nov. 6 with extremely low oxygen levels. Anoka County Judge Jennifer Stanfield ruled in favor of the family’s request to stay connected to the ventilator, and a hearing was set for February 11.

The family believes Quina is not receiving adequate care at Charity Hospital. Holsten said earlier that a doctor believed Quina “was the most malnourished patient he had ever seen.” Holsten said it was unclear whether the family would take any further legal action.

“We are saddened by the passing of Scott Quiner and our deepest condolences go out to his family, friends and loved ones,” Allina Health, which runs Mercy Hospital, said in a statement. “His passing marks yet another period of great sadness. time as we collectively continue to face the devastating effects of the pandemic.”