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Federal Judge orders 10 year old Sarah Murnaghan to be placed on adult donor list

June 5, 2013

  By now you have heard the heart-wrenching story of Sarah Murnaghan, the 10 year old girl dying of cystic fibrosis who needs a lung transplant as soon as possible. She is first on the list of child donors but is ineligible to receive an adult lung because she is under the age of twelve.

  The parents of this girl asked Kathleen Sebelius to make an exception to the rule and allow her to be placed on the adult donor list, a request that Kathleen Sebelius  declined to make. Since that time many politicians, including conservatives, and many citizens, including conservatives, have asked Kathleen Sebelius to step in. But still she refused to do so but today a federal judge has stepped in and demanded that Kathleen Sebelius make the exception.

  This is great news for the Murnaghan family and I hope that this story has a happy ending although the outcome is far from certain. I have refused to write about this story because this shouldn’t be an issue of politics but now I must weigh in on this and let me warn my conservative friends out there that you may not be happy with what I am about to write. Please bear with me because I am still on your side, as you will see if you read this post until its conclusion.

    First, many people are trying to pin this issue on Obamacare and the rationing of healthcare that we all expect will happen once Obamacare is fully enacted, but from what I can tell  the law in question predates Obamacare and cannot be directly blamed on Obamacare. Correct me if I am wrong, but that is what I have gathered while trying to research the law but I have been unable to come up with any definitive answer on this. If you can prove me wrong please do so.

  Second, I find it very interesting that so many conservatives, who supposedly are opposed to all government intervention, are now calling for the federal government to intervene in this case because it seems quite hypocritical to me. I for one am not going to sit here behind the keyboard and demand government intervention on this issue when I have so adamantly opposed government intervention on many issues including healthcare.

  But the federal government is involved so that being said it does lead us to the question of why the government is involved in these decisions in the first place. At a time when the government is about to assume even more control over our healthcare this case provides us with the perfect example of why the government should not be involved in healthcare decisions in the first place and while I am not sure this one can be blamed on Obamacare I fully expect this type of decision to become more commonplace once Obamacare is fully enacted in the near future and Obamacare rationing begins in earnest.

  My thoughts and my prayers go out to the Murnaghan family and if this issue does nothing else at least it shines a spotlight on the issue of Obamacare and maybe we will all be better off in the long run for it. Perhaps this judge’s decision will help to show the American people why the government should not be involved in healthcare in the first place.

20 Comments leave one →
  1. Ruth H's avatar
    June 5, 2013 8:42 pm

    The sad fact is that someone is definitely going to die in this case. There are no organs to transplant unless someone is declared brain dead and the organ harvested. The donor always dies. I’m not sure how I would rule in this case, a judge has said she is to be moved to the adult list. I do not know enough about her chances to make a judgement but I think all the emotional talk and writings on this is really not what should be used to determine who gets an organ transplant.

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    • Steve Dennis's avatar
      June 5, 2013 9:01 pm

      I agree, it is had to say what the right decision is in this case and that is why it is best left up to the medical experts and not the politicians or the judges.

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  2. Conservatives on Fire's avatar
    June 5, 2013 8:43 pm

    We arre all praying for little Sarah. You did a great job on this post, Steve. When demand for anything is greater than the supply, it should come down to first come, first served on a needs basis. If government has any role, it should be to make sure that no favoritism is allowed to take place. The medical profession does have a role in deciding whose is in the most need; i.e., someone who is going to need a transplant in the next year should be placed in front of someone who needs the transplant in the next month. Not a job I would want!

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    • Steve Dennis's avatar
      June 5, 2013 9:03 pm

      Thanks Jim, I was afraid I would come off as callous for talking about the political aspects of this case but this has greater ramifications as we move forward with Obamacare.

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  3. LD Jackson's avatar
    LD Jackson permalink
    June 5, 2013 9:27 pm

    I don’t think you sound callous at all. Realistic is more like it.

    Personally, I am glad the judge has intervened so Sarah can be placed on the list. That doesn’t necessarily mean she jumps to the head of the line, but she is able to be considered, at least. She now has a chance to get a lung, if one becomes available and the conditions are right.

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    • Steve Dennis's avatar
      June 5, 2013 9:55 pm

      Thanks Larry, I am glad the judge made this decision as well, I just wish it wasn’t in the government’s hand in the first place.

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  4. bunkerville's avatar
    June 5, 2013 9:28 pm

    Great analysis. I think what rings the bell is that it permits a brief look into what has to happen ahead with obamacare. It is clear that there will be rationing. Rahm Emanuel’s brother has written extensively on it. The whole lives system. It will chill the marrow of your bones.

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  5. John Carey's avatar
    John Carey permalink
    June 5, 2013 10:20 pm

    I’m with you on this Steve. That is all.

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    • Steve Dennis's avatar
      June 6, 2013 12:25 am

      Thanks John, it is tough to talk about but the reason we have to talk about this is the fact that the government is involved in the first place.

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  6. Chris's avatar
    Chris permalink
    June 5, 2013 10:21 pm

    This case represents pre ObamaCare interference in medical care by the government. As I understand the US Government created this crisis. On the surface it does seem hypocritical of conservatives to seek government interference, but it is the government who created this situation by creating the organ transplant rules. And it also very callous for the HHS Secretary to brush this off. I’m sure if this involved abortion the HHS Secretay would have responded. We have a heartless and mean spirted federal government. When OC is implemented there will be “death panels” to say who lives.

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    • Steve Dennis's avatar
      June 6, 2013 12:27 am

      I agree, I think some conservative justify this by saying that because the government created the problem they should fix it, but we know the government cannot fix a damned thing! And yes, Palin was right, there will be death panels when Obamacare is fully implemented.

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  7. Petermc3's avatar
    Petermc3 permalink
    June 5, 2013 11:05 pm

    Steve, you are spot on. These decisions should be made by medical personnel in the medical sphere of influence based on empirical medical data and not by nameless, faceless, automaton bureaucrats enforcing stupid laws dreamt up and passed by by self serving no nothing politicians What we had was a situation brought about by government meddling in the realm of medicine long ago. What we had today is the precursor to what death panels will visit upon us, with no where to appeal once Obama- no- care is in high gear. As for conservatives applauding the courts interfering in these matters, sheer hypocrisy. Without mindless gov’t interference in our healthcare, this situation would more than likely not have come to pass in the first place. A 10 year old would have been given the proper consideration if the jack asses running the country, jack asses and elephants that is, would do what the constitution calls for them to do; collect taxers, raise an army, defend our borders and our constitution. What a concept…

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    • Steve Dennis's avatar
      June 6, 2013 12:30 am

      Exactly, this was a governmentally created problem and now the people want a solution by the people who created the problem. I have said over and over again that the government cannot solve problems they created in the first place and now we are seeing how serious the consequences can be. This is only the beginning, once Obamacare is fully implemented this will be the norm.

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  8. Wil.'s avatar
    June 6, 2013 5:52 am

    It’s A Good Thing, If It is The Same Girl Who were on news just a few days ago, it’s great, can’t just let die That poor girl, because someone judge she is less worthy then others.
    The mum who was desperate must be a little relieve now..
    Oh yes I see the picture It is the same Family, Great! Sometimes, things are moving fast.
    Wil.

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    • Steve Dennis's avatar
      June 6, 2013 7:08 am

      I sure hope it all works out, I can’t imagine what it is like going through something like this.

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  9. Chris's avatar
    Chris permalink
    June 6, 2013 6:05 am

    “This is a policy created by the Organ Procurement and Transplantation Network (OPTN), the nation’s organ procurement, donation and transplantation system and enforced through United Network for Organ Sharing (UNOS) which manages US organ transplant system under contract with the federal government [ie. HHS]”

    This is the link to the rules on organ transplantation.

    government.http://optn.transplant.hrsa.gov/PoliciesandBylaws2/policies/pdfs/policy_9.pdf

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