Permanent Tweak to Pediatric Lung Transplant Policy

July 15, 2014 | Crandall & Pera Law
Permanent Tweak to Pediatric Lung Transplant Policy

The organ transplant policy for pediatric patients is getting permanently tweaked thanks to a family's successful fight to get a lung transplant for their dying 10-year-old daughter last spring, according to ABC News

The Organ Procurement and Transplantation Network, which is under contract with the federal government to allocate organs, voted to allow children to be granted exceptions on a case-by-case basis to the so-called Under 12 Rule.

Normally, children under 12 who are waiting for a lung transplant are labeled "priority 1" or "priority 2," and they get preferential treatment when child and adolescent lungs become available. Children younger than 12 only get offered adult lungs after they've been offered to other matching candidates over 12 based on an algorithm called the LAS, or lung allocation score.

The family of Sarah Murnaghan fought the Under 12 Rule last year, claiming it was discriminatory because Sarah could be offered adult lungs only after they were offered to other matching adults. The OPTN created a temporary rule exception policy because of this case.

"We know a lot of kids who are waiting and little people who are waiting," said Sarah's mother, Janet Murnaghan, at a news conference outside their Newtown Square, Pennsylvania home. "Just knowing that they'll have greater access is a really amazing feeling." Read the full details here:

Sarah Murnaghan Case Prompts Permanent Lung Transplant Policy Tweak

This article highlights a couple of things. First, medical policies or rules aren’t always correct or well-founded. Second, when you fight hard enough against unjust laws, you often can obtain a just result.

If you or your child have been injured due to medical malpractice, including a delay in diagnosis or treatment, please call to investigate your matter fully. Crandall & Pera Law is available to help answer your questions and guide you in determining your next steps.