Federal Judge Orders Sebelius to Add 10-Year-Old to Adult Transplant List

A federal judge ordered Health and Human Services Secretary Kathleen Sebelius to suspend the so-called "Under-12" rule and allow 10-year-old Sarah Murnaghan onto an adult transplant list in a Wednesday ruling.

U.S. District Court Judge Michael Baylson made the ruling a day after Sebelius refused to intervene in the case, saying transplant decisions should be left to "experts." He directed Sebelius to order the Organ Procurement and Transplantation Network (OPTN) to let Murnaghan, who is dying of cystic fibrosis and needs a lung transplant, on the adult list for "at least nine days" until a June 14 hearing. The decision only applies to Murnaghan and not to other children who may be similarly situated.

According to NBC News, Murnaghan's parents sued Sebelius on Wednesday to prevent her from enforcing the
"Under-12" rule, alleging it "unfairly penalizes their daughter, Sarah Murnaghan, and other young children awaiting transplants."

Sen. Pat Toomey (R-PA) said, "I applaud today's ruling and am grateful to Judge Baylson for quickly issuing his decision on such an important matter."


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