Published June 06, 2013
PHILADELPHIA – A federal judge has ordered that a second child at a Philadelphia hospital -- a New York City boy -- be put on the adult waiting list for donated lungs.
The ruling from U.S. District Judge Michael Baylson involves 11-year-old Javier Acosta of the Bronx, who has cystic fibrosis. His mother filed a lawsuit Thursday that says he will die soon unless he gets a lung transplant.
The decision comes a day after a national organ transplant network complied with Baylson's unusual order to place a dying 10-year-old girl on the list.
Children under 12 are currently matched with pediatric donors, which are rare, or wait at the end of the adult list.
Medical ethicists question the judge's intervention. But lawyer Stephen Harvey, who represents both families, fears that Javier and Sarah will die while the issue is reviewed.