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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: Las Vegas Ron

In this case, the Courts emasculated tyranny.


41 posted on 06/05/2013 3:01:09 PM PDT by Gene Eric (Don't be a statist!)
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To: Opinionated Blowhard

>> someone gets life-saving treatment at the expense of someone else

Didn’t know FR was blessed with so many soothsayers.


42 posted on 06/05/2013 3:03:00 PM PDT by Gene Eric (Don't be a statist!)
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To: blueyon

“Dear God now may she please find a lung available for transplant, Amen”

Now here’s a place that prayer’s should be from every decent person in the country,


43 posted on 06/05/2013 3:03:07 PM PDT by vette6387
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To: STJPII

I don’t know if this just opens up a whole new can of worms. According to the article, this ruling pertains to Sarah only. What about the thousands of other people waiting for lungs? They have heartwrenching stories too. I also suffer from Cystic Fibrosis and I am happy for her and her parents but feel bad for the others.


44 posted on 06/05/2013 3:03:27 PM PDT by the-gooroo
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To: blueyon

Sebellius is a political vampire.


45 posted on 06/05/2013 3:05:47 PM PDT by ZULU ((See: http://gatesofvienna.net/))
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To: blueyon

I hope this stands and that witch Sebelius doesn’t try to appeal.


46 posted on 06/05/2013 3:06:46 PM PDT by RedMDer (You are Free Republic. There are no outside influences. Just us, all of us. Please donate today!)
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To: rockabyebaby
Amen! Common sense is completely lacking in the democrat party and by the people who administer Obamacare. Somebody better get the financial end of that fiasco out of the hands of the IRS quickly. Competency, ethics and moral behavior are completely lacking by Obama's appointees and Obama himself for appointing them.

Whoever this judge is, commendations to him or her for doing the right thing. May Kathleen Sebelius' own family receive the same treatment (or lack of it) that she overlords upon others in control of life and death.

47 posted on 06/05/2013 3:07:50 PM PDT by MamaDearest
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To: RedMDer

If Sebelius appealed, I daresay that would warrant making sure she never gets a good night’s sleep again.


48 posted on 06/05/2013 3:09:25 PM PDT by Windcatcher (Obama is a COMMUNIST and the MSM is his armband-wearing propaganda machine.)
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To: svcw

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?


49 posted on 06/05/2013 3:11:20 PM PDT by 2harddrive
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To: Errant

I think this is great news:) The judge has ordered a 10 day exception to the rules so that the policy can be reviewed... appropriate. My issue all along was asking a cabinet level appointee override the law based on media manipulation of national emotion. I wish this little girl a full recovery.


50 posted on 06/05/2013 3:11:24 PM PDT by longfellowsmuse (last of the living nomads)
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To: blueyon

51 posted on 06/05/2013 3:12:02 PM PDT by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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To: bgill
One of the family's arguments was that the premise separating the list at age 12 was based on outdated medical capabilities and that there are now accepted protocols for resecting lungs down to fit children.

You rarely get the full story from the news, but did they challenge the list in court based upon age discrimination? That would be a very interesting legal premise.

52 posted on 06/05/2013 3:12:43 PM PDT by USNBandit (sarcasm engaged at all times)
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To: blueyon
Outstanding news.
53 posted on 06/05/2013 3:12:46 PM PDT by Myrddin
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To: 2harddrive

Ok.
The whole issue of the transplant is moot if a suitable donor is not found, not everyone on the list finds someone.
There are so few donors, it maybe moot anyway.


54 posted on 06/05/2013 3:14:16 PM PDT by svcw (If you are dead when your heart stops, why aren't you alive when it starts.)
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To: 2harddrive
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?

Who's saying some other recipient will get denied?

The problem here is that government is involved, not natural order.

55 posted on 06/05/2013 3:15:48 PM PDT by Las Vegas Ron (The government rejects the natural law because it is an obstacle to its control over us.)
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To: PapaBear3625
My impression is that there are more adult lungs than child lungs available for transplant, which is why they wanted her to get an adult lung.

Or she gets to be on both lists now.

I heard someone else say that although an adult lung could be cut to fit into her, it would scar more, be less likely to work and more likely to need to be replaced in a few years. This might not be a case of someone else being bumped down the list and dying so that she can live, but rather two people (one now and one more in a few years) dying.

It's a horrible situation and if it was my daughter I would be tempted to bring in "donor" lungs that I "found" in order to keep her alive (head shots only to keep the lungs healthy), but that twelve year old limit was picked for a reason to provide the best distribution for a very limited supply of donor organs. I don't know whether the math is good, but more skilled people than me or that judge decided it for a reason.

56 posted on 06/05/2013 3:18:00 PM PDT by KarlInOhio (Choose one: the yellow and black flag of the Tea Party or the white flag of the Republican Party.)
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To: jazusamo

Separation of lung and state.
Scrooge you Sebelius and God bless that little girl with lung life-—pun intended.


57 posted on 06/05/2013 3:18:36 PM PDT by tflabo (Truth or Tyranny)
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To: svcw
There are so few donors, it maybe moot anyway.

Oy, the point to me is that the Government does not belong in these decisions!!

58 posted on 06/05/2013 3:18:42 PM PDT by Las Vegas Ron (The government rejects the natural law because it is an obstacle to its control over us.)
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To: 2harddrive

She should at least have a chance like anyone else.


59 posted on 06/05/2013 3:21:00 PM PDT by CityCenter (Pleading the 5th is just so 1972.)
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To: rockabyebaby

Resizing living tissue is not like sewing fabric. This why they have separate lists for kids and adults in the first place.

Too much trauma and the transplant fails and the donor lungs are wasted and somebody else’s chance is wasted with it.

I don’t think the judge made the right decision at all. The Organ Board should be left alone by the politicians, media, and judges who all have more sympathy than sense.


60 posted on 06/05/2013 3:22:30 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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