Twitchy previously reported the heartbreaking story of a-10-year old girl with cystic fibrosis who has been given three to five weeks to live unless she receives a lung transplant. Lungs available for transplant in a child are much rarer than adult lungs, and currently a patient can’t be placed on the “adult” list until age 12. HHS Secretary Kathleen Sebelius and department lawyers claim that the HHS is unable to make an exception in this case (others say Sebelius does have the authority to intervene).

However, amid the bureaucratic wrangling as a little girl’s life hangs in the balance, there is some potential good news:

A big victory in federal court today for 10-year-old Sarah Murnaghan, a dying girl in need of a lung transplant.

This afternoon, a federal judge granted the Murnaghan family’s request for a temporary restraining order, telling the Secretary of Health and Human Services to cease application of the “Under 12” rule when it comes to Sarah.

The 10-year-old Newtown Square, Pa. girl has been hospitalized at Children’s Hospital in Philadelphia for three months with end-stage cystic fibrosis.

A copy of the order:

Twitchy will publish updates as they are available.

  • CJWhodunit

    Praise God! May He grant this child a miracle! Praying also for a donor’s family for their loss of their loved one!

  • PeterP

    This is great news for Sarah and her family, but isn’t it also tragic for the adult who would have gotten these lungs?

    • CatHerder

      Yes and no. What person would not give up their place in line for a child?

      • mickeyco

        I always agree with you, but not on this one. What about the young mother or father? What about a 14 or 15 yr. old? I’m so glad that I’ll never have to make a decision like this. Lord guide them.

        • Lady 12

          I agree, I’m glad this will never be my call.

        • Lady 12

          I agree, I’m glad this will never be my call.

      • $472942

        Any Democrat…

      • I_loathe_disqus

        Someone who has a spouse and children of their own whom they love?

      • I_loathe_disqus

        Someone who has a spouse and children of their own whom they love?

      • Belinda Henry

        If the criteria is 12 years of age she might be stepping in front of another child.

    • Guest

      As an RN, I can tell you that this temporary order by the Federal Judge is just and fair. Organ assignment and allocation is based on severity of illness and the timeframe for imminent death without the transplant. All this order did is level the playing field for all in need of a transplant. It was discrimination that this young girl was not allowed on the transplant list due to her age. Doctors have come a long way with surgical technique and an adult lung is able to be transplanted successfully into a child. This Judge has allowed this young girl, who faces imminent death, to be placed on the list for the next ten days until the case can be heard. The person that gets the next lung will be the person in the most need that matches with the donor organ…the way it’s always done.

      • umad80

        I know some people think this little girl will be taking a lung away from someone else, but I have always thought otherwise. I was always under the impression that your position on the list depended upon how bad off one was and whether that particular transplant would work. I’m glad you confirmed that. There are a lot of people who think this little girl is going to bump someone off the list who needs it more than her.

        • detroit19

          I need/and plan to to research MY legal authority/ability to donate MY organs as I see fit, i.e., to whomever I decide is worthy, not who the government deems worthy.

          • umad80

            But they didn’t authorize any one person to give an organ, or did I miss something? I thought all they did was allow this little girl to receive an adult organ which she was not eligible for previously. They aren’t actually ordering anyone to give it…

          • Jenn

            You are correct. She is not guaranteed an organ. Just put on the list in case one comes up and happens to be a match for her. She’s not bumping anyone.

        • detroit19

          I need/and plan to to research MY legal authority/ability to donate MY organs as I see fit, i.e., to whomever I decide is worthy, not who the government deems worthy.

      • Flint Stone

        As an RN I disagree with you about the level playing field. It gave Sarah an advantage not everyone on the lists. I’m rooting for her just as much as the next guy. But somewhere in this mix someone is getting screwed and may die.

        • Guest

          You are absolutely wrong and if you are indeed an RN, you would know that. The judge ordered that she be placed on the list (until the hearing) since the rule of under 12 is arbitrary and no longer applicable considering the more advanced surgical techniques that would allow for a successful transplantation. Now that she’s on the list she has a chance just like the rest and is (temporarily) no longer being discriminated against. The person who gets the next set of lungs will be the one in the most need that matches with the donor (as is always done with organ allocation). If this isn’t your area of specialty and expertise you should refrain from commenting until you do the appropriate research. Otherwise, you are being irresponsible.

          • Flint Stone

            Maybe things work different where you are. The ethics committtees I have worked with would never allow this. F.Stone. RN. MSN. CHRN, DMT

          • Jules

            They wouldn’t have a choice, F. Stone RN MSN CHRN DMT (lol). The order came from a Federal Judge.

          • Flint Stone

            Be happy to send you copies of my credentials. Let me know.

          • Flint Stone

            After thought.. My diplomas are hanging in
            my office in Oregon. I am at my home in Central Mexico. It’s dinner time here. But within 30 minutes I can scan and send you copies of my RN, CHRN, and my DMT. Let me know.

          • Jules

            Are you serious? First you list them now you want to send them to me? Good Lord. You were wrong on this matter…plain & simple. Obviously your credentials didn’t help you (in the least) to understand the situation.

    • J. Cox

      No one has to give up their place in line.She is simply put on the list,not at the head of the line.She still must wait like the rest,which is what her parents were fighting for.

      She was only on the ped. donor list for a lung,of which,there hasn’t been a single donor for many years.This ruling allows her to get on the adult/juvenile waiting list due to advances that make the operation possible.

      • Joe W.

        She will be placed in line according to the severity of her illness in relation to others already in line. In her case, she will probably be near the top of the list, which is appropriate.

    • J. Cox

      No one has to give up their place in line.She is simply put on the list,not at the head of the line.She still must wait like the rest,which is what her parents were fighting for.

      She was only on the ped. donor list for a lung,of which,there hasn’t been a single donor for many years.This ruling allows her to get on the adult/juvenile waiting list due to advances that make the operation possible.

  • CatHerder

    Thank you Jesus!

  • CatHerder

    Wow, the baby-haters are zooming through here downchecking posts. Who woulda figgered?

    • annoyinglittletwerp

      I’m as pro-life as they come….put I don’t think they should’ve made an exception for her.

      • J. Cox

        It is not an exception,it is in fact due to medical advances that make that rule obsolete.15 years ago,an adult lung would not of worked,now it will.Also…she has not bumped anyone off the list.She still has to wait like the rest.She had 0 chance before,now she has hope.

      • J. Cox

        It is not an exception,it is in fact due to medical advances that make that rule obsolete.15 years ago,an adult lung would not of worked,now it will.Also…she has not bumped anyone off the list.She still has to wait like the rest.She had 0 chance before,now she has hope.

      • detroit19

        Why? Because of an arbitrary guideline that draws the line @ 12 years of age? She has been, medically, cleared for an adult set of lungs. Who better to receive a reprieve than a 10 year old, with her whole life ahead of her?

        • annoyinglittletwerp

          And who’ll be the next ‘exception’. Look-I’m sorry for the young lady and her family. I’m a mom. My son-now in college-grew up healthy. I thank G-d for it. My problem w/ this whole thing is that the judge gave into EMOTIONAL pressure. That’s not how decisions should be made.

          • Billie Slash

            You might change your view if this young child were yours. And if you’re so pro-life, what’s with the annoyinglittle twerp name??

          • http://extremesplash.wordpress.com/ Ben Bollman

            You don’t get it, the transplant was ready to go and the only thing stopping it was a stupid regulation. An outdated regulation. If you are a conservative, why are you so dead-set on adhering to crappy regulations?

          • Jenn

            I don’t think you understand. Medical science has made is so that the rule keeping children under 12 out is obsolete. So, in reality, they could open the list up to all children under 12 not just Sarah. The list would work the same way it currently does which is whoever is the most need at the time and whoever the organ is a match for. If the person who is the most sick is not a match, then it moves onto the next person and so on. The rule should be changed and this girls case may be the thing that gets it done. It was not done due to EMOTIONAL pressure. The decision was made out of common sense. Even Ms Sebilius said changing the rule would be looked into, it just would have taken years and years to get it done.

        • Sara

          She actually doesn’t have her whole life ahead of her. She has Cystic Fibrosis which will eventually kill her. Most CF kids don’t live that long.With that being said, I would do anything for my child too!

        • I_loathe_disqus

          How about a well educated, employed taxpayer with dependents? “Triage by cuteness” is stupid, and that’s what this judge gave us IMO.

          • Jenn

            I am a well educated, employed taxpayer with 4 dependents and a husband and I would fully understand allowing a child onto the adult transplant list with me. She wasn’t put at the top of the list, just on it. I took the time to read and see how a transplant list works and it isn’t “youngest first” it is who is in most dire need (i.e. will die without organ FIRST), who has best post transplant prognosis, and who is the best match biologically for said organ.

        • I_loathe_disqus

          How about a well educated, employed taxpayer with dependents? “Triage by cuteness” is stupid, and that’s what this judge gave us IMO.

      • Joe W.

        But gee…wasn’t it President Obama hisself who said “if it saves just ONE child’s life”???

    • J. Cox

      Most likely the God haters,as the down votes are all the post with thanks to God or Jesus.

      But remember…the democrats claim Jesus as a liberal….because they can boo him.

    • J. Cox

      Most likely the God haters,as the down votes are all the post with thanks to God or Jesus.

      But remember…the democrats claim Jesus as a liberal….because they can boo him.

  • TJ

    This is great news. When she does get the new set of lungs pray for the organ donor, their family and the person who is next in line after her. So they can get a new lease as well.

    The get congress to make a bill and law that removes this power from the HHS control to set rules on transplant before Ocare gets really control of everything. Place it back in the truly independent transplant doctors and professorial.

    • Flint Stone

      Yes, let’s pray someone dies

      • TJ

        Everyone who prays that she get a new lung is praying for someone to die. Lets just make sure when one prays that she gets a lung also pray that the doner is now in the arms of the lord and the Family is at peace.

        • Flint Stone

          Amen, Trevor.

  • syvyn11

    I would say good news, but this administration has a habit of ignoring and holding the court in contempt.

    I pray that this child isn’t sacrificed on the alter of Obama.

  • scrubjay

    It is comforting to know that if an Obamacare death panel denies my request for an emergency blood transfusion that all I need to do is get a Federal judge’s order.

    • Roger Taylor

      Barring the extremely unlikely possibility that you are an adorable and photogenic child, you will have no such luck.

      While this is the right decision, it is every bit as much about the “optics” of the event as it is about the law.

      • I_loathe_disqus

        Agreed. And I cannot believe how many people are cheering a judge with no medical training whatsoever injecting himself into this. The kid was put on this list because of her cuteness. And down the road, adults will be put at the back of the list in favor of any and all children because of their cuteness. Seriously, how many abuses and proposed abuses of power have we not seen since the second Clinton administration at the latest, done “for the children”? Who CAN’T see that coming?

      • I_loathe_disqus

        Agreed. And I cannot believe how many people are cheering a judge with no medical training whatsoever injecting himself into this. The kid was put on this list because of her cuteness. And down the road, adults will be put at the back of the list in favor of any and all children because of their cuteness. Seriously, how many abuses and proposed abuses of power have we not seen since the second Clinton administration at the latest, done “for the children”? Who CAN’T see that coming?

    • Roger Taylor

      Barring the extremely unlikely possibility that you are an adorable and photogenic child, you will have no such luck.

      While this is the right decision, it is every bit as much about the “optics” of the event as it is about the law.

  • scrubjay

    It is comforting to know that if an Obamacare death panel denies my request for an emergency blood transfusion that all I need to do is get a Federal judge’s order.

  • Brian Roastbeef

    Thank the Lord.

    And screw you sideways, Kathleen Sebelius, filthy inhuman amoral bureaucrat trash.

  • Brian Roastbeef

    Thank the Lord.

    And screw you sideways, Kathleen Sebelius, filthy inhuman amoral bureaucrat trash.

  • J. Cox

    Please folks….read a little before you respond.This order does NOT put her at the top of the list…it simply allows her to be on the list.

    • Joe W.

      And that is all that her family has asked for. Now, depending on the severity of her illness, she will be put in position to receive the gift of life….Just as you or I would.

  • J. Cox

    Please folks….read a little before you respond.This order does NOT put her at the top of the list…it simply allows her to be on the list.

  • John Thomas “Jack” Ward III

    GOD BLESS YOU, SARAH, And I hope for MORE MIRACLES, REAL SOON! #RightWard Jawamax 8<{D}

  • John Thomas “Jack” Ward III

    GOD BLESS YOU, SARAH, And I hope for MORE MIRACLES, REAL SOON! #RightWard Jawamax 8<{D}

  • detroit19

    Thank you for exercising your humanity, Judge, and damn you to Hell, you soulless, morally bankrupt POS, Kathleen Sebelius.

  • teamfrazzled

    Why would you not make an exception? This rule was made when doctors weren’t able to make adult size lungs fit in a child and that is the reason for separate donor lists. But that isn’t true anymore and doctors have said they can change the procedure during surgery and adult lungs can be made to fit in children younger than 12. So what is the rationale today for enforcing an outdated system that no longer applies?

  • http://extremesplash.wordpress.com/ Ben Bollman

    Good deal, but things like this are going to be commonplace under Obamacare and it is only going to get worse.

  • Marvin Nelson

    Finally, someone with brains and cajones. All that I can say about Sebelius’ reaction is “Welcome to Obamacare.” God help you if you end up with a serious illness.

  • Billie Slash

    A defeat for Cruella DeVille and her HHS. May it be the first of many.

  • greenLibertarian

    I support HHS on this one. What if the 10-yr-old has a 20% chance, and now behind her is a 15 year old with a 70% chance, or a young single parent with a 90% chance? Not so cut-and-dried. I think spending some time to determine the survival odds is worthwhile. A quick study, perhaps a week or two, to collect evidence or opinions from a good sample of doctors or cases, is a reasonable compromise.

    • Jenn

      She wasn’t put at the front of the list, just on the list. If a donor organ becomes available it will be given to the person in the most dire condition with the best post transplant prognosis, who is also a match. If that person on the top of the list (due to least time left to live without transplant and best post transplant prognosis) is not a match then it moves to the next person. That is how any organ donor list works. If say, you are 30yrs old and need a liver and have 2 yrs to live with a great post transplant prognosis and are #1 on the list and someone 40yrs old comes along with 1 yr to live but with same post transplant prognosis as you, they will move to #1 spot and you to #2 and so on. IF the donor organ is found and it isn’t a match for the person who is now in the #1 spot, then you will be the next in line. If you aren’t a match, it will then move to the next person.
      The issue with this particular case is that the rule of kids under 12 not being able to be put on the adult donor list was because when that rule was made, adult lungs could not be transplanted to a child under 12 (lungs aren’t like many other organs in that respect). The advances in medical science have made it so that adult lungs can now go to kids under 12 but the old rule was/is still in place so getting on the adult list was not possible and the child would just be left to die. Basically.

  • Rich

    More people need to put themselves on organ donator lists.

  • Belinda Henry

    I don’t question the girls right to a chance. I question politicians and judges thinking they know better then the medical professionals trained to deal with this situation.

    • Jenn

      Kathleen Sebilius said the same thing and then said they (HHS) would look into changing the policy. Well, in the time it takes the federal gov’t to “look into” things this girl and many like her will be long gone. The girls doctors said she should go on the adult list because that was the only way to save her. Even WITH the medical professionals expert opinions our HHS Secretary just said “we will look into it”.

  • Flint Stone

    You’re the one that said lol. Only trying to show I am what I say I am. Maybe you should quit with the smirks. My point is no matter how one changes a system, it affects someone else. I never said it was fair. Never said I liked it. To me God makes those decisions, not you, not me, and no one in this bumbling administration.