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GeorgeGist

(25,321 posts)
Wed Jun 5, 2013, 06:28 PM Jun 2013

Judge rules in favor of Pa. girl who needs lung

Source: msn

PHILADELPHIA — A federal judge in Philadelphia has made a dying 10-year-old eligible to seek donor lungs from an adult transplant list.

U.S. District Judge Michael Baylson says he is granting the temporary request because of the severity of Sarah Murnaghan's condition.

Her mother, Janet Murnaghan, says the family is thrilled by the ruling. It's in effect until a June 14 court hearing.

Read more: http://news.msn.com/us/judge-rules-in-favor-of-pa-girl-who-needs-lung

14 replies = new reply since forum marked as read
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Judge rules in favor of Pa. girl who needs lung (Original Post) GeorgeGist Jun 2013 OP
happy for the family, i don't know much about this issue and would like to learn more about it JI7 Jun 2013 #1
Good news! But... Tx4obama Jun 2013 #2
could be because of age of other kids rebecca_herman Jun 2013 #3
Kids over 12 can receive adult lungs the way the rule is written now. Tx4obama Jun 2013 #7
Yes, I know rebecca_herman Jun 2013 #14
I'd rather she get it than some person my age or older. pnwmom Jun 2013 #4
it wont cure her RudynJack Jun 2013 #12
Does everyone realize the political implications here? alp227 Jun 2013 #5
And now, do you think ..... oldhippie Jun 2013 #10
the administration RudynJack Jun 2013 #13
Now we got two questions to answer... davidn3600 Jun 2013 #6
I agree. They should just change the rule so it is body size rather than age. Chemisse Jun 2013 #8
It's a temporary injunction Yo_Mama Jun 2013 #9
Obama Care pathway, coming soon? quadrature Jun 2013 #11

Tx4obama

(36,974 posts)
2. Good news! But...
Wed Jun 5, 2013, 06:36 PM
Jun 2013

On the news this morning they said that there are other kids in the same hospital on the children's lung list - so I am guessing that the judge's ruling does not cover those kids.

Also, I wonder where on the list for adult lungs she will be?

Wish the article had more details.

Anyway, I hope they are able to find lungs for her in time.

Very sad situation.

rebecca_herman

(617 posts)
3. could be because of age of other kids
Wed Jun 5, 2013, 06:42 PM
Jun 2013

I believe I read that only older children can medically receive adults lungs. The other children may be too small.

Tx4obama

(36,974 posts)
7. Kids over 12 can receive adult lungs the way the rule is written now.
Wed Jun 5, 2013, 07:11 PM
Jun 2013

The girl in the OP is 10 - and the other kids they mentioned on the news this morning are under 12 years old.

rebecca_herman

(617 posts)
14. Yes, I know
Wed Jun 5, 2013, 10:42 PM
Jun 2013

but her doctors are saying that at 10 this girl is large enough for the adult lung and therefore the rule should be changed to be based on medical appropriateness/size rather than a strict age limit, if I am understanding correctly. Even if the rule changed an adult lung but not work for a much smaller child.

pnwmom

(108,978 posts)
4. I'd rather she get it than some person my age or older.
Wed Jun 5, 2013, 06:44 PM
Jun 2013

It seems wrong to me that most of the people on the list are in the AARP years, and they'd deny one to a 10 year old.

RudynJack

(1,044 posts)
12. it wont cure her
Wed Jun 5, 2013, 10:13 PM
Jun 2013

underlying disease. Average life expectancy for someone in her condition is four years after transplant.

alp227

(32,025 posts)
5. Does everyone realize the political implications here?
Wed Jun 5, 2013, 06:48 PM
Jun 2013

A Republican nominated judge rules against a decision made by Obama admin. Right wing media already seung Sarah as the first death panel victim.

Our this is just another opportunity to oppose EVERYTHING this admin does. If Sibelius chose to allow Sarah to be on the list they would complain about the OTHER people who need lungs.

Damned if you do, damned of you don't.

 

oldhippie

(3,249 posts)
10. And now, do you think .....
Wed Jun 5, 2013, 08:28 PM
Jun 2013

.... now that there is a president, rich people may be able to buy a judge?

Naw, they wouldn't do that.

RudynJack

(1,044 posts)
13. the administration
Wed Jun 5, 2013, 10:16 PM
Jun 2013

made no decision, other than to follow the guidelines that have been in place for years. Guidelines set up by medical experts, not bureaucrats.

 

davidn3600

(6,342 posts)
6. Now we got two questions to answer...
Wed Jun 5, 2013, 07:00 PM
Jun 2013

1) Who now doesn't get a lung?
2) What about other kids that need a transplant?

That's the problem. You change the rules to save the girl, but you might kill someone else.

Chemisse

(30,813 posts)
8. I agree. They should just change the rule so it is body size rather than age.
Wed Jun 5, 2013, 07:37 PM
Jun 2013

If they really are maintaining that she is just as likely to do well as an adult receiving a lung.

A one-time exception is unfair to a whole lot of people.

Yo_Mama

(8,303 posts)
9. It's a temporary injunction
Wed Jun 5, 2013, 08:07 PM
Jun 2013

Not a change in rule. The actual decision will be made later as the result of court testimony.

It's better that a judge do this than an HHS Secretary, but it's not permanent either.

I'm not going to second-guess the judge because I don't know what he has in front of him that caused him to issue the injunction.

I'm not going to blame the family because they are just advocating for their child, as they have the right and duty to do.

But there are hosts of rules as to who does and doesn't get a transplant, and I would be appalled if all these rules ever got litigated. So I don't know what to think.

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