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Fox News alert and a developing story from last hour as we have just now received word.
That the parents of this young girl have.
Just filed a lawsuit to change the rules that they say are preventing their child from getting -- life -- lung transplant.
Sarah -- -- is just ten years old if she were twelve her parents say she would be getting the help she needs.
Prepare heard doctors say she only has few weeks to live if she does not get -- transplant.
Now her parents are hoping -- court will step in and force Kathleen Sebelius to do with the parents say is the right thing turning now to discuss it.
-- -- gala just build more both are former prosecutors and now defense attorneys while so we just got this and we're looking at.
It's this press release special custom via written that are wondering what what I see it what did challenging in this that this under twelve year old rule.
I'm was -- in 2004.
Where it was difficult it was a medical challenge to take adult lungs and put them into somebody that small if they decide the issue.
But now that the lawyers are arguing that papers that that's no longer the case now that they demand for medical technology think about the the advances from 2004.
Did to -- thirteen.
It's it's not out of challenge anyone that -- the only reason why that.
That twelve year old rule that was because adult longs didn't.
-- helped little people.
-- almost ten years ago but now adult -- can help you little people.
So they should not be -- discrimination between adults and children and a twelve year old being that that.
And John a date they say in this press release and now we're not looking at the actual complaint yet.
-- it's a federal court lawsuit they say that Kathleen Sebelius has the authority to direct.
This federal organ transplant network to set aside it's arbitrary rule preventing children under twelve from being considered for that for the much larger long pool.
-- adults that they are saying this is arbitrary that's that's important legal term.
It is an important legal term but I think the only person that could set aside this rule.
Is not the secretary about health and human services but instead the judge that they now brought this injunction before and here's -- I think this they're -- gonna win or lose on one issue negative and that is.
Are they trying to say that they -- -- an exception to the under -- twelve rule are they trying to say be under -- twelve will should be done away with because it's discriminatory I like the latter right.
The -- I think judge buys that argument -- the family has a chance of succeeding if the judge viewed this as just hey we want an exception because our daughter is hiding I think unfortunately they won't prevail.
From might not limited information that we have so far it they're asking for an injunction they're asking team easily set this -- aside.
Saying that -- -- -- in applicable it shouldn't be applicable it's discriminatory it's awkward -- capricious I'm sure if we look at if you get an eighteen page document.
They're gonna throw all -- that in there and the the real bases that makes sense and it's.
-- you should translate these things and a reasonable manner.
Did did dividing line was twelve -- -- nine years ago the adult longs didn't help.
Little -- of Mandela can but you're right is that they decided butts have really -- the civilians has ordered a review of this rule they say it's gonna take two years the parents are doing this needs to be done immediately their -- -- an emergency motion.
The traveling got three weeks to live according to the doctors and so will they get immediate.
Response from a judge that's next.
So just reviewing these press release and closer it does today.
The -- hands have been very clear that they're not asking for an exception for their daughter this is about getting the rule change in -- they go on to say.
That this rule violates state what the national organ transplant act of 1984.
And that the system for allocating donated organs be quote.
Equitable and you address the unique health care needs of children I mean.
Is a judge could take this not an emergency basis and -- they're asking for him to force Kathleen Sebelius to order an exception.
Digit age -- really depend on the individual judge it really is and how much intestinal fortitude they have to make his decision.
Obviously that is the case that pulls on -- heart strings you're gonna have to find some sort of hard legal precedent.
Something that the judge can hang his -- our hat on and say listen.
Here is here all the cases these are similar type of -- -- -- the -- me exactly like this.
Went out but is longer they did you a legal analysis that makes sense.
It on the judge obviously I would try to do everything I had to get these younger.
I think you're not going to be able to do -- -- announces that makes sense in five minutes but that nature of injunctive relief if if we don't get immediate relief we're going to suffer.
Irreparable harm there's no more irreparable harm then -- to what the judge could do here is that you know I can hear your argument has enough legs that I will -- this aside for the moment which will make way for your daughter hopefully to get the transplant that is not but at the end of the day they may not.
Just -- -- an -- -- you know if they prevent terror.
From enforcing this policy civilians and the child gets on the adult list and gets -- and that a reversal happens -- -- higher.
Court before they've actually been.
There's an -- Brazil -- an immediate trouble is procedurally this is going to be -- quagmire but they got it out they got the resources to do it thank you --
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