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Judge Orders Girl Added To Adult Transplant List

From NBC News:

Judge orders girl added to adult lung transplant list

By JoNel [sic] Aleccia | June 5, 2013

A federal judge on Wednesday ordered the U.S. Health and Human Services Secretary to suspend existing organ allocation rules to give a 10-year-old Pennsylvania girl a better chance at a life-saving lung transplant.

U.S. District Court Judge Michael Baylson told Kathleen Sebelius to direct the Organ Procurement and Transplantation Network, or OPTN, to make an exception to the so-called "Under-12" rule as it applies to Sarah Murnaghan, who has end-stage cystic fibrosis, for at least 10 days, until a hearing on June 14. That move means that the girl can be considered more quickly for organs as an adult, instead of being limited to the pediatric transplant list.

For the record, the so called "Under-12" rule has only existed since 2005.

The ruling, which grants a temporary restraining order, applies only to Sarah, although Baylson indicated that he would consider a similar move for another child in Sarah’s circumstances, if a family presented the case in court…

In any case, this is the future of healthcare: begging bureaucrats and judges for the life of your child or parent or spouse. Also, you have to wonder how long will it be before we are required by the government to donate our organs.

And how long will it be before we are asked: ‘Are you now or have you ever been a member of the Tea Party?’ Or, ‘have you ever owned a gun? Been overweight? Smoked?’

Their elation was echoed by Sen. Pat Toomey, R-Pa., who advocated on behalf of the family.

"Finally, we have some positive news for Sarah and her family," Toomey said in a statement. "I applaud today’s ruling and am grateful to Judge Baylson for quickly issuing his decision on such an important matter."

But the ruling immediately raises concerns about fairness — and the risk of more lawsuits, said Art Caplan, director of the division of medical ethics at NYU Langone Medical Center. While it’s admirable that Baylson chose to try to help Sarah and others, the decision threatens the integrity of the nation’s existing organ allocation process, he said.

"It is not clear why everyone now waiting at the bottom of any transplant list would not seek relief in federal court," Caplan said. "Unless the judge has reason to think the lung distribution rules are simply a product of age discrimination and nothing more — which seems highly unlikely — then this becomes a troubling instance of non-doctors deciding who is the best candidate to receive a lung or other scarce medical resource." …

Get used to it. Obama-Care is rife with ‘non-doctors’ making such decisions. ‘As the Secretary shall determine…’

Nationally, about 1,700 people are waiting for lung transplants, including 31 children 10 and younger, according to OPTN data. In Region 2, Sarah’s region, 222 people are waiting for lung transplants, including six children 10 and younger…

"Every hour that she can participate in the OPTN’s system for allocating lungs without being forced to stand at the back of the line for the much larger pool of lungs donated from adults … could save her life," said the motion filed in U.S. district court in eastern Pennsylvania…

The parents contended that the under-12 rule violates the command of the National Organ Transplant Act of 1984, which allows for “equitable” distribution of organs that address “the unique health care needs of children.”

They said that Sebelius’ refusal to set aside the rule and allow Sarah and others in her rare situation to compete for organs based on the severity of their illness, not their age, is “arbitrary, capricious and an abuse of discretion.”

Which seems plausible.

By the way, bear in mind that, according to the Obama administration, this 10 year old girl is plenty old enough to get all the morning after abortion pills she wants. But not old enough to get a lung transplant.

This article was posted by Steve on Thursday, June 6th, 2013. Comments are currently closed.

3 Responses to “Judge Orders Girl Added To Adult Transplant List”

  1. GetBackJack says:

    Control Over Lives

    Democrat Wet Dream

    (plus private Party-Only highways and stores)

  2. Mithrandir says:

    Man tests Canada socialized medical care system, waits 4 hours then a possible 9 hours for a fake sprained wrist. Government office workers tell man to pay OUT OF POCKET to a private clinic if he actually wants to be treated.

    Welcome to the future of socialized medicine. Yes, you have access to doctors, but you may die in the waiting room before you get to see one.

    *Additionally, I met a couple of Canadian chicks while traveling abroad, and they were so angry that nearly 1/2 of their overseas pay would have to be sent back into the social medical system, even though they were not even in the country to use it. I said, “Hey, you all wanted a socialized medical system, you got it. –What? Did you think it was free?”

    Now, if you have something wrong with you, you are better off spending your money on an airplane ticket to a medical tourism country, get treated ON TIME and ON BUDGET, and come back. It will be cheaper and faster than waiting for the government to decide if you deserve treatment. And medical benefits will be handed out to party members, just like everything else is.

  3. Noyzmakr says:

    My brother-in-law is canadian and a huge liberal. He and my sister tried living up there when they first got married but he couldn’t really find a job and she hated being stuck in the house. When she got pregnant, they immediately moved back here. He claims they moved because of her dislike of the climate. She tells me he wanted to to leave because he wasn’t willing to risk her health and that of his child to the Canadian medical system.

    Funny that!

    Whenever he and I get into a little political spat, my sister gives me “the look”. She knows I could destroy his arguments with just that one little nugget. One day….

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