. >>> cada minuto que pasa aumenta el riesgo que javier acosta pierda la vida. >>> estoy dispuestaecuencia de esta condiciÓn que cobro la vida a uno de susos en 2009. >>> saber como va el final y esperar que haya un poco de esperanza que camb >>> es por eso que la mujer buscÓ la asesorÍa judicial de un abogado que un juez dio una ley federal que permitiÓ que diera prioridad y despuÉs a los niÑos mÁs pequeÑos. >>> basado en que los adultos tienen mayores probabilidades de salvar la vida con pulmÓnes dados por otros adultos. >>> los clientes estÁn conocicoe tienen derecho a estar en la lista dp adultos. >>> a una semana operaron a sara, una luz de esperanza para javier y su madre que siguen esperando su pulmÓn. >>> quisiera lo mejor para mi hijo. >>> consecuencciencia en la poblacÓ donaciÓn de organos. >>> cirugÍa que de acuerdo a hos doctor nunca pensarÍa en ningÚn punto en mi vida que iba a tener que enterrar a ninguno de mis hijos, nunca pensÉ. >>> amor de madre puede conocer, en philadelphia, univisiÓn. >>> autoridades mexicanas liberan a 265 trabajadores que tenÍan como esclavos

a federal judge last week intervened against sarah and another little boy, javier acosta right here, o donors right now. cnn national correspondent susan candiotti sat down with javier's mother susan. >> reporter: pamela, good morning. cnn spoke exclusively to milagros martinez, the mother of 11-year-old javier acosta, and what makes this family's story especially heart breaking is that in 2009 javier's brother jovan died while waiting for a lung on the children's transplant list. he was the same age javier is now and also suffered from cystic fibrosis. >> it's hard for me to tell my son, you know, you have to have faith and be hopeful, and this is going to happen for you, and inside knowing the chances are slim. it really hurts. it's my only child now. and knowing the facts. >> reporter: and turning 12 is significant in these cases because that's how old you have to be to get on a priority list for adult lungs. juvenile lungs are much harder to find. if the current transplant rules do not change, children under 12 can only receive adult lungs after each adult on the waiting list turn

what's so tragic about the acosta family is back in 2009, javier's brother who was 11 years old at thee, also had cystic fibrosis, was also waiting for a lung transplant. unfortunately, he died waiting for a transplant. so you can imagine now what the acosta family is going through but they now feel as though at least now, javier has a chance like sarah. >> all right. it's so unthinkable for these kids. appreciate the reporting. we'll continue to follow it. dr. sanjay gupta as well. >>> just ahead, what you need to know if you're one of the millions of people in the path of tropical storm andrea. the first named storm of the hurricane season. >>> also, mindy crandall let gloria mckenzie cut in line to buy what turned out to be the winning powerball ticket in last month's $590 million drawing but she's not bitter about it at all. you'll hear from her ahead. we're cracking down on medicare fraud. the healthcare law gives us powerful tools to fight it... to investigate it... ...prosecute it... and stop criminals. our senior medicare patrol volunteers... are teaching seniors across the cou

familia, soliz to y tuvo una orden federal para que se hiciera una excepciÓn, y sara y el niÑo javier acostacente o un niÑo pequeÑo, no puede fÍsicamente meter el pulmÓn completo. y van a tener que escoger una secciÓn del pulmon y dÁrselo al niÑo. quÉ harÁn con la otra parte. >>> explicÓ que el riesgo estÁ en la recuperaciÓn habrÁ riesgo de sangrado e infecciones. pueden haber rechazo, le van a poner medicina para evitar que el cuerpo rechace el trasplante. en new york, telemundo. >>> quiero que vean estas increÍbles imÁgenes, de una madre y su pequeÑa hija de 8 meses que se encuentran vivas de milagro. luego que un auto las arrollara mientras intentaba cruzar una calle en new york. el impacto fue tan fuerte, que su niÑa quedÓ junto a su coche debajo del auto. autoridades dicen que el conductor estaba inconsciente antes del accidente. que por cierto, fue declarado muerto poco despuÉs en un hospital. milagro. al regresar en noticiero telemundo. un niÑo hispano, blanco de comentarios racistas en internet. les voy a contar por quÉ. y el papa francisco, motociclista. >>> fueron 2 veces que el la

last week, a federal judge ruled that 10-year-old sarah murnaghan and 11-year-old javier acosta, bothll, should have access to adult lungs. right now, patients 12 years and under are only eligible to receive other children's lungs. >>> coming up on "cbs this morning," senator rand paul on surveillance program leaks. this is anne-marie green. this is "cbs morning news." n. this is "cbs morning news." weigh you down? as soon as you feel it, try miralax. it works differently than other laxatives. it draws water into your colon to unblock your system naturally. don't wait to feel great. miralax. it's not for colds. it's not for pain. it's just for sleep. because sleep is a beautiful thing™. ♪ zzzquil™. the non-habit forming sleep-aid from the makers of nyquil®. good thing she's got the citi simplicity card. it doesn't charge late fees or a penalty rate, ever. because she's got other things to stress about. ♪ go to citi.com/simplicity to apply. >>> for the first time, the full senate prepares to vote on landmark immigration legislation today. many believe the current system is broken. john

. >> a judge ruled last week that sarah and another child, 11-year-old javier acosta could get lungs. >>> should president obama be more forceful when it comes to intervening in syria? one major political player thinks so. politico reports that's what senator bill clinton said to john mccain in a closed event tuesday. clinton reportedly said president obama should support rebels against bashar al assad. any president risks looking like a total fool if they work too cautiously. by and large americans oppose intervention in syria. just 15% favor military action. the bloody conflict rages on. yesterday alone syrian rebels reportedly stormed a village killing more than 60 shiite fighters and civilians. this as "the wall street journal" reports a top rebel commander is issuing a desperate plea to prevent the fall of his forces in aleppo. more than 80,000 people have been killed in that two-year civil war. >>> tragedy for a nascar driver. 37-year-old driver jason leffler, a two-time winner of the nationwide series died after an accident during a preliminary race on the dirt track at bridgep

. >> reporter: the murngahans went to court along with the family of javier acosta, filing a federaland they won. the children will be put on the adult transplant list. the transplant lists are set up by doctors and medical ethicists. some fear desperate families waiting for transplants will flood courtrooms. we have a new avenue, a scary one, where judges decide who lives and who dies rather than a system that strives to be as transparent as possible. >> reporter: a week after the court decision, sarah murngahan is getting new lungs, a relief for one family, but a problem that the health department still needs to resolve. stephanie gosk, new york. >>> george h.w. bush reached another milestone today, he turn 89 years old, and marked the occasion with superman socks. while his days of skydiving may be over, he continues to have fun with his color footwear. >>> when we come back, an inspiring transformation and the secret for success at a school where they are proving all the doubters wrong. rmation and the secret for success at a school where they are proving all the doubters wrong.

as it turns out another child from sarah's hospital javier acosta was also wait for lungs.ollowed in the murn what nan's footsteps and filed their own lawsuit. he too a waits lungs on the list. >>> a pastor in georgia gives a local boy scout troop the boot. but find out what a snabing boy scouts did in response. we've got members of both after the break. as any other brand? neutrogena®. recommended by dermatologists 2 times more than any other brand. now that's beautiful. neutrogena®. ♪ thto fight chronic. osteoarthritis pain. to fight chronic low back pain. to take action. to take the next step. today, you will know you did something for your pain. cymbalta can help. cymbalta is a pain reliever fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can help reduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. anti-depressants can increase these in children, teens, and young adults. cymbalta is not for children under 18. people taking maois, linezolid or

after sara mernihan petitioned to get her on the drug transplant list another has. 11-year-old javier acosta on the list. they are both dying of cystic fibrosis at the children's hospital. >> a mechanical problem is believed to be the cause of the horrfic limo fire that killed a young bride and her four friends in california. this happened in san mateo a ruptured air spring may have caused a deadly domino effect leading the gas tank to burst into flames. the there was one more person inside the limo than allowed. >> major league baseball wants the phone and shipping records of people involved in the steroid scandal. they will be mounting an investigation against several baseball stars including alex rodriguez and ryan brawn who are working in the clinics. all players involved denied any wrong doing. a high schooler hot spot sending juveniles to court after they inhaled the fumes. it happened at highland park, illinois. a 15-year-old is being charged with battery after spiking the spaghetti sauce with da bomb. it's like u.s. grade pepper spray. fortunately the three school employees sent to t

>> javier acosta. in august he could be on the adult list anyway.he reason his parents went to court is because they do not think he will make if until august. here is is the problem his lung score that we just talked about is only 39. exactly half of what sarah's score is. he is healthier but way down the transplant list but his parents say they are willing to try anything especially since his older brother also died of cystic fibrosis at the age of nine waiting for new lungs. >>> one pediatric lung specialist says patients with cystic fibrosis live to 31 on average and says that lung transplants essential liqueur the condition. >>> star trek's mr. spock came to capitol hill and had a message for the people of earth. the irs is sorry abou about wag our money and making funny videos. here comes mr. hot tub. it was quite a time in the nation's capital. all coming up from the journalists at fox news on this thursday "the fox report." luxue instd of "strength training with patrick willis." come on todd! flap them chicken wings. [ grunts ] well, i trave

favor of a 10-year-old sarah murnahan has issued the same ruling for this little boy, 11-year-old javier acostajudge issued another temporary injunction against the rule that prevents children under the age of 12 from getting in line for available adult lungs. the lawsuit says javier needs a lung transplant soon or he most likely will die within two months. sarah's family, they have argued that the number of children's lungs available through organ donation programs is so small that young patients like her should be added to the list of people waiting for adult lungs. meanwhile, sarah remains in critical condition. but because of this judge's ruling, her mom says she's been moved now to near the top of the list to get a lung transplant. our jason carroll is joining us with more on how sarah's doing. >> her mother says she's definitely a fighter, that she is a tough little girl. but the reality is, suzanne, she's just not been doing well over the past few days. in fact, her mother said that last night was not good, even today she was struggling as well. her heart rate was very high. doctors were

a second child with cystic fibrosis, 11-year-old javier acosta gets a new chance at adult lungs, too,when you consider that the vast majority of lung donations comes from adults, but the ruling raises huge questions of policy separating the child andç the adult donor list, and the argument is that it was put there for a reason, a good medical reason. joining me from pennsylvania isstein harvey, the attorney representing both of the young transplant hopefuls. arthur caplan is a bioethicist, and good morning, gentlemen. >> good morning. >> your first victory came when the judge ruled that sarah moynihan should be put on the adult list and the same for javier, but monday, the board overseeing transplant will consider change, and was that your change? >> well, my hope was to get relief to protect my first client sarah moynahan and when i learned of javier, i wanted relief of him. i was mindful that there may be other children out there in these circumstances and may call me and whether they call me or not, my firm took this case as a pro bono matter and we want to protect the children th

sarah and another little boy, javier acosta, have both been given a glimmer of hope after a court orderd them a ten-day exemption to eliminate age restrictions that will now make them eligible for any adult lungs that become available as well as from child donors. that extension expires next weekend. javier's mom told us in an exclusive interview yesterday, these are very anxious days. >> it is hard for me to tell my son, you have to have faith and be hopeful this is going to happen for you. inside knowing that the chances are slim. every day hurts. it is my only child now. and knowing the facts. >> susan, apparently there's going to be a very important meeting tomorrow trying to determine wla whether should be any changes in the way this sharing -- organ sharing network works. >> that's right, fred. this national board is reviewing its transplant program for children, including how long they now have to wait. even the mortality rate and other matters as well. they are doing this because of that court injunction that's giving sarah and javier, at least temporarily, a chance of receiving

family always wanted to make that point, this was not just about sara murnaghan and also about javier acostan the hospital, 11 years old and suffering from cystic fibrosis and in need of a lung transplant. the hope is now that there is a temporary change to national policy many children who end up in their situation will now have the possibility of having access at least to adult donor lungs. suzanne. >> jason, obviously sara will need time to recover and she is going to want her privacy. it has been such a public campaign we have seen so much of this 10-year-old little girl. any sense of when the family thinks it is appropriate for her to come forward or the family to come before the cameras again? >> i think it is as it is going to be a very long road to recovery. i don't want to put words in anyone's mouth. once someone has gone through this particular type of procedure, you want to make sure you are really in the clear and again sara is a fighter. her family keeps saying she is a fighter and i have a feeling once they feel comfortable and confident i wouldn't be surprised if you saw a fa

with that door open, the family of 11-year-old javier acosta subsequently also been granted temporary. my thoughts and prayers are with sarah and javier and their families. and i think this raises a bigger question about organ donation in the united states. if the issue is not enough lungs and kidneys and heart and corneas, how do we get more? two words, opt out. see, opt in is the current national u.s. policy. it requires explicit consent from the donor given through a donor card administered by the dmv or relatives if the donor failed to indicate desire in his or her lifetime. let's change that. an opt out would assume the deceased have their organs harvested unless they opted out. no one will take your organs without consent but if you say nothing you will presume to have opted in. i'm not just guessing here. the system has been tested in europe. as of 2010, 24 european countries have some form of opt out which some call presumed consent with spain, austria and belgium yielding high donor rates. art kaplan is head of the division of medical ethics at nyu. he agrees, telling me, quo

. >> suarez: the cases of ten-year-old sara murnaghan and 11-year-old javier acosta have put a national 1309 light on the issue, both have end-stage cystic fibrosis. but they are at the bottom of a waiting list for a adult lungs because they're under 12. u.s. senator pat toomey of pennsylvania, sara murnaghan's home state, says that has to change. >> sara is being treated by some of the best doctors in the world and they are ed that she's an excellent candidate to have a successful transplants surgery. it seems to me a policy that systemically excludes her and other children in her circumstances is a flawed policy. >> suarez: last week federal district judge in philadelphia ordered a change in transplant policy for both cases, and said the children must be platesed higher on the waiting list. that prompted some doctors to say courts have no business deciding on medical matters. >> i don't think we want judges making medical decisions any more than we want doctors deciding supreme court cases. >> suarez: now the organ procurement and transplantation network is setting up an appeal proces

we'd be remiss if we didn't talk about the other side of this case because it became a case on javier acostao getting the lungs? >> reporter: he will is eligible and under the new temporary change in national policy, once a child is deemed sick enough and receives special approval, another child can be put into this pool, as well. but as for javier, 11 years old, also suffering from cystic fi o fibros fibrosis, and you'll remember his brother died when he was 11 also waiting for a lung transplant. so it's waiting game, as well. go >> jason keep us you updated. >>> the on which repeated phrase, thank you you, your service is no longer required, you're hearing a lot in sanford, florida. because one by one jurors are being questioned by these attorneys and attorneys on the other side in the george zimmerman case. it's called voir dire. and, boy, is it specific. just what does it take to get on the panel? what kind of person do they want, what person is out there they can get? the tide's coming in! this is my favorite one. it's upside down. oh, sorry. (woman vo) it takes him places he's always w

. >> reporter: javier acosta's family is hoping he has a better chance at surviving.a lung transplant and so, too, does 10-year-old sarah murnaghan. ♪ twinkle, twinkle little star >> reporter: she suffers 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 and in a way she so understand. she had a lot of hope last night when i explained that to her. >> reporter: earlier this week the judge ordered the department of health and human services to temporarily suspend policy in sarah and javier's case which 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 childre

they brought another family, a boy javier acosta who is down the hole from sarah -- down the hall. they both have cystic fibrosis and they can't touch or see each other. but they wave and they have talked down the hall. the family says it helps all children who are dying inecitably in america. they say it's a dark ages mentality that segregates children from the same type of medical care that adults are getting. and children are dying at the rate of 62% a year, while waiting for a transplant and adults are dying at the rate of 26%. so almost 3 times. what's moral? this is unethical. immoral and unamerican. they're fighting the fight of their lives. an incredible family. >> shannon: a lot of prayers from around the world going there for sarah. we know she is in a tough spot. thank you for bringing us this story. >> return to sender. for week, investigators have been looking for a letter, believed to be laced with ricin. it is finally turned up. we'll tell you all about it. it is not just republicans with the controversial data-tracking program, frar it. we will talk to the democrats

word that ruling could help a second child, 11-year-old javier acosta is in a philadelphia hospital waiting new pair of lungs. murnaghan's lawyers are trying to get him on the adult list as well. the organ transplant group that helps set national policy will meet monday to review the situation. >>> and ahead on "starting point" game one of the nba finals. an upset in miami. the spurs impressive. tony parker, unreal. you'll have to see this a lot of times to believe it. we'll have the highlights ahead. >>> the russian president and his wife make a rare appearance together on state television last night. a live report on their surprising announcement up ahead. you're watching "starting point." you're watching "starting >>> it was really thanks to a crazy wild circus shot by tony parker that the spurs beat the heat last night in game one of the nba finals. andy scholes joins us now with more on the bleacher report. good morning, andy. >> good morning, john. the veteran san antonio spurs continue to just find ways to win games. last night's nail biter was the team's seventh straight win in the

this is nous just a victory, but also for javier acosta, he's 11 years old, also here at this hospital, also suffering, and as you know because of these two children and what their families did, there's now been at least a temporary policy changes, a nan policy changes in terms of how children under the age of 12 are prioritized on adult donor lists. so it's really been an incredible medical victory for them, but also an emotional victory and ethical victory as well. >> because of them, kids will get the same consideration as adults. it's caused so much attention to be paid, certainly to sarah's case today. let's turn to dr. sanjay gupta. this is obviously high reward, this surgery, sanjay, but also very high risk as well, i imagine. >> yes, no question. it's a tough operation, and as jason was just talking about, you're dealing with the additional sith ways of putting adult lung donors into a child's body. sometimes they can make that work in terms of size, simply by trimming the lungs, sometimes they will take particular lobes and transplant those. it sounds like a simple thing, but

. >> reporter: javier acosta's family hoping he has a better chance of surviving. cystic fibrosis and needs a lung transplant, so, too, does 10-year-old sara mernahan. ♪ twinkle twinkle little star >> reporter: she suffers 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 got a lot of hope last night when i explained it to her. >> reporter: earlier this week the judge ordered the department 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

a judge in philadelphia ruled that 11-year-old javier acosta here who is waiting for a lung transplant up on the adult waiting list. this news here coming to us after 10-year-old sarah murnaghan's parents pushed and pushed for a change in that organ donation policy so that their 10-year-old daughter could get adult lungs more quickly. jason carroll has been all over the cases for us. jason, this is another challenge to the policy that keeps kids younger than age 12 from getting priority, i know, on the waiting list for adult lungs. brings up all kinds of issues here. so who should get priority? >> well, it really does. and just to be clear, when you listen to the parents of people like sarah murnaghan, whose daughter has cystic fibrosis, needs a lung transplant, they're not looking for a fast track. what they're basically looking for is more of an even playing field. they want a field where the sickest person has availability to these lung donations when they become available. that was not happening in the past, but now that this federal judge has stepped in and changed the policy, the

there was another child, javier acosta, who is 11, same hospital, children's hospital of philadelphiawho was also added to the list. this emergency meeting on this will unos board of directors and they had all of the their experts look at the latest data and stuff and they decided there wasn't actually a good scientific reason to change the policy. but what they would do is set up kind of an appeals process so that if your kid is almost 12, you know, and you may basically have -- basically physically be like a 12-year-old, we will think about putting you in that group. but we are not going to change the basic policy. so anyway, a donor was found for sara. they did the transplant. it was success. >> did the lung fit? i don't mean to be offensive or stupid. >> no. >> it's annub procedure. it's called, i think, a lobar transplant. it's a piece of the lung they take. it's not the full lung. >> i think my question -- i am no scientist on this thing but my question is, if you take a part of the lung will the lung still grow with her, or will the lung be like she will have one big one and on