Sarah Murnaghan Added to Adult Transplant List

Sarah Murnaghan, the 10 year old who , has been temporarily added to the adult list for a lung transplant, according to reports.

Murnaghan's family filed an emergency motion for a temporary restraining order and a preliminary injunction in federal court to prevent U.S. Health and Human Services Secretary Kathleen Sebelius from enforcing a policy that prevents children under 12 from getting the adult lung transplants they need to save their lives, according to a statement from U.S. Sen. Pat Toomey.

Sarah has been on both the adult and pediatric lung transplant list but under organ transplant policy, she would only receive adult donor lungs after all adult candidates, regardless of how sick they are, had the opportunity to accept them. If Sarah were 12 years old she would immediately be eligible for the next available lungs from an adult donor.

Sebelius made a statement to a Congressional panel on Tuesday saying she would not directly intervene in the transplant decision and would leave the decision to medical experts.

According to Toomey, 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 Sebelius 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, according to Toomey's statement.

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," 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.

"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."

See More on Patch:

• 'Today Show' Highlights Sarah Murnaghan
• Prayer Vigil Friday for Sarah Murnaghan
• Mother Pleads for Direct Organ Donation to Save Daughter
• Review of Organ Donation Policy Sought
• Help Newtown Square Girl Get Life-Saving Transplant