Toomey Applauds Court Ruling Allowing Sarah To Go On Adult Lung List
WASHINGTON, D.C. - U.S. Senator Pat Toomey (R-Pa.) made the following statement regarding today's court ruling that will allow 10-year-old Sarah Murnaghan and potentially other children to be temporarily added to the adult list for a lung transplant.
Sarah's family filed an emergency motion for a temporary restraining order and a preliminary injunction in federal court to prevent the Secretary of Health and Human Services (HHS) from enforcing a policy that prevents children under 12 from getting the adult lung transplants they need to save their lives.
Effective immediately, Judge Michael Baylson, senior federal judge on the U.S. District Court for the Eastern District of Pennsylvania, granted a temporary restraining order and told the Secretary of HHS to direct the transplant network to cease application of the "Under 12 Rule" as it applies to Sarah. If there is another child in the judicial district in Sarah's circumstance, the judge would consider a temporary restraining order if the case is presented in court. The judge set a preliminary injunction hearing for June 14.
The organ transplant network will hold an emergency review meeting on Monday.
"Finally, we have some positive news for Sarah and her family," said Sen. Toomey. "I applaud today's ruling and am grateful to Judge Baylson for quickly issuing his decision on such an important matter.
"Now Sarah has a chance for a lung transplant, and I plan to keep fighting for her and others who deserve to be eligible. As I've said all along, Secretary Sebelius should use her authorities to make medical need and suitability, rather than age, be the primary criteria in determining how organ donations are prioritized. I hope this court ruling will encourage her to make this important policy change."