Health and Human Services Secretary Kathleen Sebelius refused to allow 10-year-old Sarah Murnaghan to be placed on a waiting list for an adult lung transplant, even after several U.S. Congressman begged her to do so during a hearing Wednesday.
Murnaghan, who has cystic fibrosis, is two years under the age requirement for an adult transplant, which doctors say could save her life.
Murnaghan's situation is so grave she could die in weeks without a transplant, but Sebelius would only agree to order a study of the current transplant policy, which could take months to complete.
On Wednesday, U.S. District Judge Michael Baylson ordered Sebelius to allow Murnaghan to be moved to the adult lung transplant list, which might save the child's life.
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Murnaghan's parents recorded her reaction to the judge's ruling today, noted Mediaite.com (video below).
Baylson ruled that Sebelius failed “to protect the very few children nationally who are subject to [the transplant rule]," which he said “discriminates against children and serves no purpose, is arbitrary, capricious and an abuse of discretion.”
Murnaghan has been on the waiting list for pediatric donors for 18 months, according to Politico.com. While the judge's ruling does not guarantee that Murnaghan will live, it does give her a fighting chance.
The ruling is temporary until a hearing on June 14.
Following the enormous amount of bad publicity, the Organ Procurement and Transplantation Network scheduled an emergency meeting for Monday to consider suspending the lung donor policy while it is reviewed.