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First on fox this Wednesday night and enormous development in the case of the little girl who's fighting for life.
Her name is Sarah.
-- she has cystic fibrosis.
She's desperately needs a lung transplant and just hours ago we learned.
A federal judge has granted a temporary restraining order that will allow Sarah to get on an adult transplant list.
It's a move that could save the ten year old's life.
And just check out -- reaction when she heard the news.
Doctors had said that without a transplant -- could -- most likely would die within weeks.
But child donors are quite rare and federal policy prevents children under the age of twelve from receiving an adult organ and -- no other adult means that organ.
Series parent says the health and human services secretary Kathleen Sebelius to change that rule.
The secretary said she's ordered a review of the policy but will not intervene in serious case.
So the parents filed a lawsuit they sought a restraining order that would prevent secretaries -- -- from enforcing the rule and now the judge has granted.
Harris Faulkner has been tracking developments and she's live in our newsroom in New York -- Boy that video says -- all doesn't show up this order by this US district court judge gives Sarah's doctors ten days.
To find -- donor they'll have until June 14 when there's a court hearing on the matter here's a family's reaction in a statement moments ago quotes.
For us this means that for the next ten days -- placement is in the Q.
For adult lungs and will be based on the severity of her illness and she will not be penalized for her age.
We are experiencing many emotions relief happiness gratitude and for the first time in months hope and quote.
Hope in the midst of so much pain medical experts telling me today -- is in the final stages of cystic fibrosis on a ventilator as you can say.
Living through horrible days as they describe -- -- building and her lungs.
Sarah's dad talked with Fox News by phone earlier today just after the lawsuit was filed.
It's been going knows devastating and there is dying.
She's dying before we'll watch watching her die.
And she knows she's not healthy -- asked -- if she's going to die but we're doing everything as parents.
To prevent that.
We should mention the court order is specifically for Sarah.
At the hearing the judge could consider arguments for making it apply to all children for now -- Little Sarah has hope -- And Harris just yesterday a secretary Sebelius said the worst of all worlds would be to choose who lives and who dies.
But Sarah's father told ABC news he believed the secretary -- kick the can down the political road.
Trace Gallagher with this so now that this matter is out of secretaries believes -- -- right.
Yet and the reason there -- so much attention focused on secretary stability issue up is because at first she said that her hands were tied in this matter she even sent an email to the murder hand family saying and I'm quoting here.
While I do not have the authority to intervene in -- particular case what I can do.
Is directly OP TN which is the organ network to -- examined the long allocation policy but then we checked and a lot of others checked.
And it turns out that in fact the regulation clearly states that -- has great authority.
Her list of options say that she can't again quoting here.
Direct the opening -- and to revise the policies or practices or take such other action as the secretary determines appropriate.
And then she went before congress and said that she was deferring to the scientists.
And the organ donors -- Lungs are different than other organs but that it's based on the survivability.
This is different -- case is different doctors have said.
That she could survive with that with an -- long it can be modified to save her life why would we do it.
Why we do so much bull crap around this place and we had the chance that saved someone's life and because of some kind that.
There's no why -- has it.
That of course Pennsylvania congressman Lou -- -- he is in favor of the judge's ruling still no comment from.
Secretary civilians shot was -- news is this is for that family bigger picture this could open up a slew of ethics issues.
Yet because remember when this policy was put in place back in 2004 the reason the twelve year -- were not eligible for adult lungs is because they were simply too big they just would not work will now Sarah's doctors say they are very confident that adult longs would in fact saved her life so.
Clearly the medicine has advanced much faster then the law but medical ethicist.
Doctor art Caplan is concerned about the ruling because a judge she says doesn't have the same information as a doctor here's doctor Kaplan.
Butchered that they use and -- did as a result because she did come on the way and would they've lived longer.
You know that's -- it's sort of sit puts baby girl sleeping girl but we're not looking at it like a lake -- where we had to push somebody off in order -- -- -- for context and they show up for 100 every 170.
Adult -- donors there is one child don't -- Trace Gallagher -- force this evening Trace thank you.
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