Lawyers Push for Federal Rule Exception to Save Girl - East Idaho News

Lawyers Push for Federal Rule Exception to Save Girl

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HT sarah murnaghan sister nt 130528 16x9 992?  SQUARESPACE CACHEVERSION=1370340889892Courtesy Murnaghan Family(NEW YORK) — Lawyers for 10-year-old Sarah Murnaghan, who has been denied a lung transplant because of a controversial federal policy, say Health and Human Services Secretary Kathleen Sebelius’ decision to review the policy — but not in time to save Sarah — is unconstitutional.

Sarah would be at the top of the adult lung transplant list if she were 12 because she only has weeks to live and a lung transplant would as-good-as cure her of cystic fibrosis.

The Murnaghan family is fighting a little known organ transplant policy that is effectively pushing Sarah to the bottom of the adult transplant waiting list because it mandates that adult lungs be offered to all adult patients before they can be offered to someone under 12 years old.

Law firm Pepper Hamilton LLP wrote a letter to Sebelius on Monday calling the policy “unfair, arbitrary and capricious” and saying that Sebelius’ failure to make an exception is a violation of Sarah’s constitutional rights to “due process” and “equal protection,” according to a family statement.

Sarah’s father, Fran Murnaghan, of Newtown Square, Pa., told ABC News on Sunday that Sebelius’ mandate for review of transplant policies would not deal with current cases in a timely manner, nor deal with what he characterized as an unequal system that discriminates against children younger than 12.

“Sarah is being left to die,” Fran Murnaghan said.  “Not only Sarah, but there are many other children in the same situation.”

“[Sebelius] clearly has the authority to do something now, and she has decided to do, to be honest, not much of anything,” he said.  “In my opinion, she has kicked the can down the political road.”

“Secretary Sebelius’ decision to not exercise her very clear authority under the law to intervene and mandate a variance that would help save Sarah’s life is devastating,” the family said in a prepared statement.

Sarah’s family is asking the public to “consider naming our child an organ recipient should someone lose the life of a loved one in the very near future,” they said in the statement.

“Our little girl, who loves writing music, making crafts, and playing with her siblings can honor someone’s life by living on herself,” they wrote.

Sarah’s family also started an online petition at change.org to persuade the Organ Procurement and Transplantation Network to change its policy.  So far, they’ve gathered about 40,000 signatures.

The organization, which falls under the Department of Health and Human Services, responded Monday that it can’t make an exception for Sarah.

“OPTN cannot create a policy exemption on behalf of an individual patient, since giving an advantage to one patient may unduly disadvantage others,” the statement read.

Copyright 2013 ABC News Radio

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