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Judge orders girl added to adult lung transplant list
NBC ^ | 6/5/13 | JoNel Aleccia

Posted on 06/05/2013 2:34:10 PM PDT by blueyon

Edited on 06/05/2013 2:46:14 PM PDT by Admin Moderator. [history]

A federal judge on Wednesday ordered the U.S. Health and Human Services Secretary to suspend existing organ allocation rules to give a 10-year-old Pennsylvania girl a better chance at a life-saving lung transplant.

U.S. District Court Judge Michael Baylson told Kathleen Sebelius to direct the Organ Procurement and Transplantation Network, or OPTN, to make an exception to the so-called "Under-12" rule as it applies to Sarah Murnaghan, who has end-stage cystic fibrosis, for at least 10 days, until a hearing on June 14. That move means that the girl can be considered more quickly for organs as an adult, instead of being limited to the pediatric transplant list. 

The ruling, which grants a temporary restraining order, applies only to Sarah, although Baylson indicated that he would consider a similar move for another child in Sarah's circumstances, if a family presented the case in court. 

Excerpt


TOPICS: Breaking News; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: govtabuse; healthcare; hhs; insurance; kathleensebelius; lawsuit; lung; obama; obamacare; pennsylvania; ruling; sarahmurnaghan; sebelius
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To: blueyon

Good...prayers answered. Now we can just hope and continue to pray that a suitable donor is found in time.


241 posted on 06/05/2013 8:52:46 PM PDT by Jeff Head
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To: Opinionated Blowhard

Almost all organs harvested in sparsely populated areas are sent to biggest city hospitals,, and are not made available locally to the many hospital programs that could use them effectively. Worse, some cities like NYC train their EMS on thinking “potential donor” instead of “patient”.

NO way I would sign my card. It’s nuts to give them the slightest incentive to go ahead and write you off. If a person wants to donate, the best way is to tell trusted next of kin and let them decide when you really are beyond recovery.


242 posted on 06/05/2013 9:00:04 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: blueyon

Great News...According to my Bible, Jesus loved children above all others...too many Scriptures to even begin to list...

So the idea that adults would trump children???

Have they never been on a ship...Women and Children first etc

I wonder if they will appeal?


243 posted on 06/05/2013 9:05:40 PM PDT by Friendofgeorge (SARAH PALIN 2016 OR BUST)
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To: DesertRhino

Do you not understand that this is a TERRIBLE precedent? Now anyone who can rabble-rouse loudly enough can bully their way into higher chances than someone who can’t score as many “likes” and “upvotes”.


244 posted on 06/05/2013 9:08:00 PM PDT by Fire_on_High (RIP City of Heroes and Paragon Studios, victim of the Obamaconomy.)
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To: blueyon

It should be an open market. Whoever can pay should get. None of this sacred-cow queuing by who applied first stuff.


245 posted on 06/05/2013 9:09:28 PM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: Valpal1
It’s the parents that brought in the government, courts and elected officials by pitching their media circus and filing a lawsuit.

Exactly how do you plan to have a market in human organs without government involvement and oversight?

On one hand you say that the parents were the ones who brought in the government, but on the other hand your second statement tacitly assumes that the government already has involvement and oversight. Which is it? The two statements are not coherent..

The first question that occurred to me when I saw this story is why the parents of a child have to beg a government bureaucrat like Kathleen Sebelius for permission to save their child's life.

Here is the Selected Statutory and Regulatory History of Organ Transplantation from the Government Alphabet Agency HHS. Where there are laws and regulations there are going to be attorneys and courts. When bureaucrats have the power to make life and death decisions then people have the right to challenge those decisions in a court of law. If you want the government involved then the courts are inevitably going to be involved as well.

Cordially,

246 posted on 06/05/2013 9:23:06 PM PDT by Diamond (He has erected a multitude of new offices, and sent hither swarms of officers to harass our people,)
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To: 2harddrive

The ruling simply places her on the list. There is no guarantee of a set of lungs. She still has to meet the other requirements, and compete with other patients. Your comment is, in my opinion, offensive.


247 posted on 06/05/2013 9:33:26 PM PDT by SoldierDad (Proud dad of an Army Soldier who has survived 24 months of Combat deployment.)
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To: Las Vegas Ron
"Medicine is the keystone in the arch of socialism~Vladimir Lenin

Bookmarked. A page of history is worth a volume of logic. Thank you.

Cordially,

248 posted on 06/05/2013 9:34:59 PM PDT by Diamond (He has erected a multitude of new offices, and sent hither swarms of officers to harass our people,)
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To: USNBandit

I overheard one lawyer (who probably hadn’t had time to read the full opinion)say they DID use age discrimination and that the judge’s opinion was based on the 14th Amendment.


249 posted on 06/05/2013 9:39:17 PM PDT by EDINVA
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To: Do Not Make Fun Of His Ears

My point is, the transplant system is not a part of Obamacare and has nothing to do with the monstrosity headed our way.

Continually conflating the two and trying to use the one to bash the other is the worst sort of obvious partisan gamesmenship.

Obamacare sucks rocks, but it has nothing to do with how the OPTN operates.


250 posted on 06/05/2013 9:45:35 PM PDT by Valpal1 (If the police canÂ’t solve a problem with brute force, theyÂ’ll find a way to fix it with brute forc)
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To: the OlLine Rebel
Being able to pay for this tx is part of the criteria. Cost for a double lung close to a million dollars. Just one of the reasons I will never make the list.
251 posted on 06/05/2013 9:51:37 PM PDT by Coldwater Creek
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To: 2harddrive
I was not implying someone would be killed to harvest their lung: What I meant was, what other would-be lung donation RECIPIENT will now be denied, since the girl will now get the lung they would have gotten?

The judge ruled she should be put on an adult lung donor list. She doesn't knock someone else off the list she is added at the bottom and gets a lung when all others above her gets their lung, assuming the others have a match before she does. Since a person can survive on one lung, many people donate lungs to their relatives,not all donors are dead.

252 posted on 06/05/2013 9:57:28 PM PDT by calex59
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To: All

After reading through this thread, I think a lot more facts/info. are in order:

http://www.unos.org/donation/index.php?topic=patient_brochures
http://optn.transplant.hrsa.gov
(Both started in 1984)

http://www.organdonor.gov/about/data.html

You might need a law degree for this link:
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title42/42cfr121_main_02.tpl


253 posted on 06/05/2013 10:01:43 PM PDT by Drago
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To: calex59

One can survive with one lung, but live lung transplants are almost never done.


254 posted on 06/05/2013 10:09:25 PM PDT by Coldwater Creek
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To: Valpal1

>> the worst sort of obvious partisan gamesmenship

You’re singing like the arrogant liberal hack that assumes the role of the even-handed adjudicator. Cut the diversionary BS and wake up to the fact that an Obama healthcare czar is indeed controlling the process of survival. And furthermore, it is not in the scope of your influence to determine the limits others have to life saving care. You, like the rest of us, are merely an observer to a pathetic system entangled in govt bureaucracy; a system that does NOT have the patient’s ultimate well-being in mind.

It is not to the expense of another person this child is included a broader candidate pool. This child is also a person that deserves every possible chance at survival. The limits you’re embracing are simply unnecessary and helpful to no one.


255 posted on 06/05/2013 11:42:28 PM PDT by Gene Eric (Don't be a statist!)
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To: blueyon

Does a judge have that authority. That sets a very bad precedent.


256 posted on 06/06/2013 12:16:45 AM PDT by Pikachu_Dad (Impeach Sen Quinn)
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To: blueyon

This decision should NOT be in the hands of judges and Cabinet Secretaries, but rather in the hands of DOCTORS. THIS is the very problem with ObamaCare.


257 posted on 06/06/2013 2:28:26 AM PDT by montag813
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To: taxcontrol
I believe this to be a more proper course than lobbing politicians.

I can think of little more proper than lobbing politicians. Just make sure you lob them where they won't come back...

Seriously, prayers up for this young lady!

258 posted on 06/06/2013 3:23:31 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
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To: silverleaf

every transplant involves a “death panel”, both for the recipient and the donor

there is rationing because there are not enough organs for everyone, so someone has to be the decider

Maybe you havent been involved upclose as we were when a family member became a donor.

It was an agonizing process of deciding when recovery was no longer possible and death had occurred clinically if not physically


259 posted on 06/06/2013 3:45:17 AM PDT by silverleaf (Age Takes a Toll: Please Have Exact Change)
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To: montag813

the doctors wanted to treat the child

the federal govt said “no”

in this case the judge was the good guy, he sided with the doctors

“obamacare” wins when bureacrats like sebelius, not judges, make life and death decisions and tell the doctors how to treat or whether to treat at all


260 posted on 06/06/2013 3:48:35 AM PDT by silverleaf (Age Takes a Toll: Please Have Exact Change)
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