The Associated Press (AP) is reporting that U.S. District Judge Michael Baylson decided to intervene in the case of Sarah Murnaghan, a 10-year-old girl from Newtown Square, Pennsylvania who is dying of cystic fibrosis.
According to current transplant policy, the minimum age for her to be put on an adult donor list is 12, which means she must wait until any available organs are offered to adult patients first.
Unfortunately, Sarah is so sick at this point that doctors give her little more than five to six weeks to live.
Sarah's parents turned to the government in search of help, imploring Health and Human Services (HHS) Secretary Kathleen Sebelius to make an exception to the rules, something the HHS is authorized to do.
At present, children under 12 must wait for pediatric lungs to become available or wait at the end of the adult list. This policy has resulted in higher death rates for pediatric patients.
Sebelius refused to make the exception, saying she could only ask that the federal transplant policy be reviewed.
Unfortunately, Sarah does not have time to wait for a policy review, which is why her parents resorted to the courts and entered an emergency motion in federal court on June 5. Judge Baylson responded by permitting Sarah to be put on the adult list for 10 days with the hopes of finding a new set of lungs. In addition, he has granted a preliminary injunction hearing for June 14 in the event Sarah needs more time to find a match.
Sarah's mother, Janet Murnaghan, told the AP that she is "beyond thrilled" but reminded, "obviously, we still need a match."
The family later issued a statement expressing their hope that Sarah will be saved. "For us, this means that for the next 10 days, Sarah’s placement in the queue for adult lungs will be based on the severity of her illness, and she will not be penalized for her age. We are experiencing many emotions: relief, happiness, gratitude and, for the first time in months: hope."
To date, this is the first time that a judge has intervened in a transplant case and his decision has been met with mixed reaction in the medical community.
Dr. Arthur Caplan, a bioethicist at New York University's Langone Medical Center said lung transplants are the most difficult of all organ transplants and children tend to fare worse than adults, which is why the policy awards available organs to adults first.
Caplan is also concerned about the precedent of a judge who can intervene for patients who want a better place on a waiting list.
"I'm not sure I want judges or congressmen or bureaucrats trying to decide what to do with organs at the bedside," Caplan said.
Other doctors say organ transplant technology has greatly advanced over the years, making the old rules archaic and in need of change.
"The field of medicine has changed dramatically when it comes to the surgical techniques that transplant surgeons use," wrote Fox News' Dr. Manny Alvarez.
"From minimally invasive therapy to partial organ transplants, new technical miracles continue to develop. Therefore, the argument that an adult organ may not be usable in a 10-year-old is no longer valid, and certainly open for discussion in our clinical community. As reports have told us, Sarah’s surgeons do agree that in her case, an adult transplant just might work."
He had particularly harsh words for Kathleen Sebelius and her refusal to help even though she could have done so with the stroke of a pen.
"Exceptions to federal regulations are made every day by the Department of Health and Human Services, whether you’re talking about the use of non-FDA approved drugs to treat cancer or the use of new technical equipment for surgical therapies," Dr. Alvarez says.
"Secretary Sebelius has only ordered a revision of the policy, which could take a lengthy amount of time – something Sarah does not have. To me, this shows lack of leadership and, certainly, lack of compassion. Doctors and nurses make instant decisions when it comes to helping others in need, and I believe that someone who is in charge of the largest health care agency on the planet should have a more proactive approach when dealing with these kinds of emergency situations."
A Facebook group called Donate a Lung to Sarah Murnaghan was created this week, seeking a direct organ donation from the public.
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