and that s really all they ever really wanted to do. they wanted to be that the moment where they are now. of course. and going back to that rule change, it is temporary. other children are ken bbenefit it for a year. is anyone pushing for the rule change to become permanent? reporter: that is what a lot of folks in the medical community are talking about. there is still a lot of research that has to be done on the subject and that s what will take place over the next year. they will look at things like mortality rates of people who are waiting, children waiting on these waiting to receive lung donations. these are just some of the variables as they look further into the issue to find out whether or not this temporary change will some day become a permanent one. jason carroll reporting live for us this morning. thanks. still ahead in the newsroom, a marine kidnapped in mexico. what his family has to say about the ghuattempts to find armando torres. nnouncer ] what if the next
prevented all children under the age of 12 from receiving priority in the adult pool of patients waiting for transplants. lung donations from children are rare, but children can use a nodified lung from an adult and since there are more lung donations from adults, the murnaghans say what should happen now is clear. the system needs to be changed. it needs to be fair for everyone, for adults and for children. i don t want sarah in front of anyone who is sicker. this should be the sickest person first. reporter: javier s family knows the pain of waiting all too well. in 2009 his brother, who also had cystic fibrosis, died while waiting for a transplant. the murnaghans initiated the lawsuit against hhs and secretary kathleen sebelius urging her to change the so-called under 12 rule. sebelius was questioned about it during a budget hearing. the worst of all worlds in my mind is to have some individual pick and choose who lives and who dies. i think you want a process where
of health and human services to temporarily suspend policy in sara and javier s case which prevented all children under the age of 12 to receive priority in the adult pool of patients waiting for transplants. lung donation from children are rare, but children can use a modified lung from an adult and since there are more lung donations from adults, they say what should happen now is clear. the system needs to be changed. it needs to be fair for everyone, for adults and for children. i don t want sara in front of anyone who s sicker. this should be the sickest person first. reporter: javier s family knows the pain of waiting all too well. in 2009, his brother who also had cystic fibrosis, died while waiting for a transplant. the mernahan s initiated the lawsuit against hhs and secretary kathleen sebelius urging her to change the so-called under-12 rule. sebelius was questioned about it
surviving. the 11-year-old has cystic fibrosis and needs a lung transplants and so too, does sarah. she suffered from the same disease, both are at the same hospital in philadelphia. each family praying a lung donor will come in time now thanks to a federal judge s decision. we sat down and explained the system a little bit in a way that she could understand. she tpeplt a lot of hope last night when i explained that to her. earlier this week the judge ordered the department of health and human services to suspend the policy in both cases which prevented all children under the age of 12 from receiving priority in the adult pools for transplants. since there are more lung donations from adults, they say