they heard about what sebelius said during the hearing and issued statement, secretary sebelius has said that if she makes an exception for sarah, she will have to make an exception for all children. we are confused to say the least, by this. we haven't asked that an exception be made just for sarah. what we are asking is that all children in similar situations be treated the same as adults in the system for the allocation of lungs. basically what the parents are saying, suzanne, they just want a fair system for everyone whether you be a child or an adult. >> this is such a hard thing to see unfold because, jason, you know, it is just weeks that they have to resolve this at least in terms of this little girl and what ends up happening, her fate. please keep us posted. appreciate it. >>> also watching this. this is a battle against sexual assault in the military. it's led to what is being called unprecedented hearing. this is on capitol hill today. top leaders of the army, the navy, the air force, the marines, all called to testify before a senate panel. look at that picture there. they a

now it can. >> megyn: miss sebelius order add review of the rule it will take twors.s argue i s to be done immediately and are filing for an emergency motion. the child has three weeks to live. will they get meet response from a judge? that's next. 1orÑpoÑÑÑÑÑÑ >> megyn: just reviewing the press release it does say the murnaghan's are clear they're not asking an exception. they say the rule violates the national organ transplant order and -- and they address the unique healthcare needs of children. is the judge going to take this on in an emergency basis? they're askin to forcebel to ma an exception. >> it depends on judge and they have.ntestinal fortitude this is a case that pulls on the heartstrings. you have to find hardal precedent, something the judge can hangor her hat on and say listen, here are other cases, similar types of cases. there's not anything exactly like this but as long as they can do a legal analysis that makes senhe judge, obviously i'm going to try to do everything ito get it. >> you're not able to do a analysis that makes sense in five min

after they were notified about the judge's decision, health and human services secretary kathleen sebeliusd sara was added to the adult list. she is also still on the priority list from a pediatric donor. >>> are you looking for something new. the best way to introduce your kids to healthy foods and gardening is to let them choose. you have to make this fun. you'll have to let them play in the dirt. make sure they plant things that are easy to grow. >> you can't go wrong with herbs. they grow like wild weeds. also, toes plants -- tomato plants grope and they are brightly colored. >> another thing, strawberries, zucchini and squash. >> all right. hey, we have a lot more new at abc2 news at 6, including the latest track on tropical storm andrea and how area towns are worries about how the waters will rise right here at home. plus, we'll tell you about a new neighbor coming to baltimore. s to stories and more all new at 6. i'm tony siragusa and i've been around the toughest guys in football. and now i'm training guys who leak a little to guard their manhood. with man style protection... whoa.

seat.een sebelius i on the hot you will hear from secretary sebelius and you tell us if she has somele on the horizon. i want to make things more secure. [ whirring ] [ dog barks ] i want to treat mo dogs. ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help sellingrt. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t have the security you need to get you there. call us. we can show you how at&t solutions can help you do what u do... even better. ♪ to fly home for the big family reunion. you must be garth's father? hello. mother. mother! traveling is easy with the venture card because you can fly airline anytime. two words. double miles! this guy can act. wanna play dodge rock? oh, you guys! and with double miles you can actuay use, you never miss the fun. beard growing conte and go! ♪ win! what's in your wallet? with olay, here's how. new regenerist eye and lash duo. the cream smooths the look of lids... softens the look of lines. the serum instantly thickens the look of lashes. see w

federal judge overruled kathleen sebelius.ent you have done that. most relieved person on the plan set kathleen sebelius because this little girl has a chance of life and federal judge may have saved the girl's life and saved kathleen sebelius's career. >> dana: i do think the parents have worked so hard to get the story out and front. if they hadn't done all the work to make sure there was media attention and to get a national debate going on, they wouldn't have the decision by the judge. i don't know -- it will be interesting to see if there is an appeal. if there is not, we have new case law or set of guidelines that they will have to deal with. >> bob: on to the dr. siegle, came in and out favor of this ruling. he thought she should be ruled on this. somebody said they were surprised that dr. siegle would be there but of all the doctors is most accomplished and must believe this is safe procedure. >> greg: my question is how do you get an adult lung into a child. it would be partial transplant but does it change the proces

and so it's a very difficult situation that sebelius is in.ed out to her to try to get more clarification in terms of where she stands. she did order a transplant policy review but, obviously, the family is basically saying we don't have time to wait for a policy review. something needed to be done now. that's why they filed the lawsuit. and clearly they got the legal decision that they were looking for. the question now is can they find a donor in the next ten days. that is their next hurdle. >> that's obviously a very short amount of time and life at stake. jason carroll thank you very much. i want to bring in our legal analyst, sunny hostin. you hear her story and it's heartbreaking and you see the little girl and hear her talking and you want her to get this transplant. >> course. i have a 10-year-old son and i take off my legal hat and put my mommy mat on my goodness what a wonderful ruling for this little girl. in a way that's the problem. i have the order and the order really specifics just for this little girl just for sara i imagine t

did hhs secretary sebelius break the law. we talk about gop efforts to find out. that's next. when some people struggle with their mortgage payments, they become frozen, petrified. not knowing what to do, they do nothing, but the people who do something, the people who take action, are far more likely to get e most positive outcome. making home affordable is a free government program. call now to talk one on one with a housing expert about the options that are right for you. real help, real answers right now. >>> congressional republicans stepping up calls for an investigation into sebelius. they want to know if she broke the law by seeking donations for obamacare. senator orrin hatch joins us. nice to see you. >> nice to talk with you. we appreciate you. >> what is it you're concerned about in terms of secretary sebelius' efforts to fund obamacare. >> under the constitution, the agency should be funded only by the appropriations clause. the appropriations policies. and frankly, when they can go out and talk to companies that they overview, a nonprofit foundation they overview

sebelius has the discretion to exempt he om this rule of 12.e for the lung transplants no matter how desperate your sittion is if you are e secretary of health and human services has the authority under the law to exercise her discretion to grant the exemption she declined t do. so ajudge ped in and did it for her. as a result, this c may live normal life instead of die a horrible one in the next tw >> bret: wld point out there are other adults on the lung donor list in pennsylvania. >> yes. >> bret: and depending on her severity of the case. >> misunderstand. this he didn't order health and human sers to de her with a lung. health and human services doesn't do that he allo health and human services to a her to get online. >> bret: her point on capitol hill in her testimony is that this is set up by the transplant committee which is not bureaucrats and this has been eblished since 2005. that's she says. >> w she also said that there werther children at the very same hospital that were as sick. as i understand it this patient is at the very top

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sebelius has the discretion to make an exception for her case.formation dr. kaplan just related is not valeted to the judge and the judge said you should make an exception. now comes another case. where the baby perhaps even more so -- in the bronx, it will be before a different federal judge. will that federal judge rule in the same way? this is aç new area for judges but the job of judges is to do the right thing in the case beforeç them. not in the grand scheme of things. they rely on guidance from people like dr. kaplan, who should have been in the courtroom but wasn't called by the department of health and human services. >> one of the difficulties is when you start going to court and you say people saying, arbitrary or capricious, you'll have a long line of people saying i don't like the system, put me at the top, for whatever reason. you're starting to jeopardize the entire distribution system that we have for all organs. in other words, i could say, hey, they've got me lower down the list because i'm aged. find me a federal judge and le

but sebelius has so far not acted.on this role, but not acted immediately and so she has revealed just what is at stake during this capitol hill hearing this morning. and jason carol joins me now with sebelius' side of the story. what did she say? >> you know, from sebelius' point of view, she's trying to do what is fair for everyone involved, whether you be a child, whether you be an adult, and she was trying to make that point today, what was supposed to be this budget hearing, but she actually ended up face something very tough questions about whether her department guidelines are standing in the way of this little girl getting the medical care she needs. murnaghan's parents say if their daughter does not get this transplant, she will die. they say it would be a matter of weeks, it could be a matter of months. she's on the wait list for children, but not the one for adults. her parents are asking the guidelines be changed so that sarah and for that matter all children in incredible situations can be moved to an adul

lawmakers pressed sebelius on the issue during a hearing on capitol hill. >> a study you have ordered appreciate that, a study will take over a year, and this young lady will be dead. >> why wouldn't we do it. >> why do we do so much bull crap around this place and we have a chance to save this life -- >> 40 people in your home state are waiting on a -- >> she would be -- >> sir, there are 40 people in the highest acuity list waiting for a lung in pennsylvania. >> reporter: worried that her time is running out, sarah's family is making a plea to potential donors. >> if there's a family out there who's in a gut-wrenching decision of making gift of life to someone else, that they consider offering the lungs as a direct donation for sarah. >> now, sarah's family says they aren't looking for an exemption to the rule in her case but rather for the rule to be lifted all together. >>> now, straight ahead. kinky crime. a thief makes off with lingeried mannequin and later, a twist that night. economic times have led to an increase in clinical depression. drug and alcohol abuse is up. and those

they pleaded with health and human services' secretary kathleen sebelius to suspend the rule but she refused. >> time is running out. please, suspend the rules until we look at this policy which we all believe is flawed. >> this is a -- an incredibly agonizing situation where someone lives and someone dies. >> based on their age. based on their age. >> sir -- >> reporter: secretary sebelius said the medical community should decide who sits where on the transplant list, not the courts. some worry more people will file lawsuits if they don't like their spot on the list. they feel they had no choice. >> if we did not stand up and do something, we would just sit there and watch her die. >> reporter: after the judge's ruling, secretary sebelius ordered an emergency meeting of the transplant network to review its policies. susan mcginnis, cbs news, washington. >>> hundreds gathered at washington lee high school to remember an arlington teen. 18-year-old john malvar was riding a skateboard tuesday when he fell and hit his head and he died. police plan to cite the 17-year- old behind the whe

but on tuesday, health and human services secretary kathleen sebelius said she will not intervene. >>er: sarah murnaghan is on a ventilator in children's hospital in philadelphia. the 10-year-old is at the end stages of sis stick fibrosis and is in desperate need of a lung trant plant. her family says sarah doesn't have much time left. >> her doctors told us they thought we had weeks, not months. >> reporter: sarah has been on an organ transplant list for 18 months. she's at the top of the list, but with few pediatric lung donors, sarah's parents urged the government to change the a rule barring children younger than 12 from being on an adult transplant list. health and human services secretary kathleen sebelius ordered a review of the regulations last week. on tuesday she declined to suspend the rule. >> this is an incredibly agonizing situation where someone lives and someone dies. >> reporter: sarah's doctors say they're confident the transplant of adult lungs would be successful despite her age. lawmakers pressed sebelius on the issue during a hearing on capitol hill. >> a study y

we checked on it and it appears that sebelius has a lot of power.n reads in part and i'm quoting here. policies are pack practices that are the subject of critical comments remain in effect during the secretary's review, unless the secretary directs otherwise based on possible risks to the health of patients or to public safety. and then under options, it says sebelius can, again i'm quoting, direct the organ procurement and transplantation network to resize the policies or the practices, here again is sarah's mom. >> they say they have no power to change it. she says she has no power to change it this game of going back and forth each and every day my child is dying. >> bottom line, if this policy is eventually reviewed, shep, it will likely help kids in the future but very unlikely to help sarah. shep? >> shepard: mighty sad. trace gallagher some numbers for you now. sarah is one of about 30 americans age 10 or younger who is waiting for a lung transplant. as of this afternoon, a total of more than 1600 children and adults were waiting for lung tr

based on their age. >> sure. >> reporter: secretary sebelius said the medical community should decide who sits where on the transplant list, not the courts. some worry more people will file lawsuits if they don't like their spot on the list. the family feels they had no choice. >> if we did not stand up and do something, we would just sit there and watch her die. >> reporter: after the judge's ruling, secretary sebelius ordered an emergency meeting of the transplant network to review its policies. susan mcginnis, cbs news, washington. >> the court will reconsider the temporary ruling in 10 days. doctors say the rules are a reflection of the surviveability and adults do better than children in such surgeries. >>> a bay area toddler in and out of the hospital his whole life is on the road to recovery. 2-year-old matthew ouimet had double transplant surgery yesterday. matthew has a rare disease which caused his liver and kidneys to fail. doctors already watching him over the next two days to see whether his new organs are functioning. >> he's a little fighter so we have all the faith in

secretary sebelius also saying there are 40 adults currently in murnaghan's transplant.hans say sarah is so sick it's likely she'll still be at the top of the adult list. pennsylvania senator bob casey says federal guidelines have to ensure fairness to both children and dole >>"you've gotta be able to work within the rules but also be able to make the case when you believe that children could be adversely impacted by a policy." >> time for sarah still running out--but the murnaghans now believe she has a fighting chance. jason carroll, cnn, new york. >> coming up on kron 4 news weekend.the most romantic destination in the country is here in the bay area. the break. [ male announcer ] citibank's app for ipad makes it easy for ann to manage her finances when she's on the go. even when she's not going anywhere. citi tablet apps. easier banking. standard at citibank. they have no idea what it was like before u-verse high speed internet. yeah, you couldn't just stream movies to a device like that. one time, i had to wait half a day to watch a movie. you watched movies?! i was

this young lady will be dead. >> reporter: but secretary sebelius declined to intervene. >> the worstf all worlds in my mind is to have some individual pick and choose who lives and who dies. >> reporter: sebelius says there are already 40 patients 12 and older in pennsylvania alone waiting for an adult lung donor, but sara's mother insists the sickest patients should be at the top of the list. >> the stakes don't get any higher for my child. she is 10 years old, she has weeks to live. she is struggling and fighting with each breath. and we have no greater chance of getting lungs today than we did when she was fairly healthy six months ago because the severity of her illness doesn't matter. >> reporter: for three months sara has waited at children's hospital of philadelphia for a lung transplant. the ethical question, are strict guidelines standing in the way of sara and other children from getting a chance at life? >> of course parents want an exception made. we always have to remember that the statistic of the other couple hundred people on the wait list who are adults are parents o

i think sebelius' argument is acceptable. she gets a lot of stuff. she has a private account.ng as the identity account is known and revealed to anybody who inquires i think it's okay. what lisa jackson at e.p.a. is to it create a persona, this false guy, apparently doing stuff that wld make it look as if it's a real person, giving him an identity, and that is clearly a way to hide. i mean, otherwise, you don't do that you can have a second or a third email account that everybody can see is yours or even if they can't, you have a repository where it's known and revealed to investigators. but what jackson did clearly is an issue of secrecy and hiding. but i give sebelius a pass on this unless it can be shown that she was hi the identity of her accounts from everybody. >> bret: we should point out in the grapevine we said richard windsor received ethics awards from the e.p.a. >> true story. >> because of exemplary behavior. >> bret: i will also point out that james rosen had a couple of private email accounts, too. >> even if you agree with juan and charles, amazing thing to say

she wouldn't sign the waiver, nurse ratchet sebelius or death panel sebelius, as i call her, don't yous cold? that when her doctor said the adult lungs would work, she should have signed that waiver? >> i'm not a medical expert. if i was the parent of that kid, i would be pretty stressed out about that. >> so you agree she was nurse ratchet. >> i never said anything of the sort. you're getting me in trouble, sean. >> do you agree, that was a death panel for that little girl? >> as i said, i think anybody who has ever had a kid with a grave illness has got to know that is the most stressful situation. >> kathleen sebelius gave her a death sentence. thank god for the judge. do you agree with me? >> look, the thing is the list of transplants, we have a tragic situation in a country that there are far more people that need transplants than people who are organ donors. >> she would have died, but for that judge. isn't that wrong? >> well, i don't know. did someone else die because of the judge. i don't know the details. oops. >> bye-bye. thank you austan goolsbee. coming up. we'll reveal wh

did hhs secretary sebelius break the law.talk about gop efforts to ♪ ♪ chances are, you're not made of money, so don't overpay for boat insurance. geico, see how much you could save. and didn't know where to start. used a contractor before at angie's list, you'll find reviews on everything from home repair to healthcare written by people just like you. no company can pay to be on angie's list, so you can trust what you're reading. angie's list is like having thousands of close neighbors where i can go ask for personal recommendations. that's the idea. before you have any work done, check angie's list. from roofers to plumbers to dentists and more, angie's list -- reviews you can trust. i love you, angie. sorry, honey. >>> congressional republicans stepping up calls for an investigation into sebelius. they want to know if she broke the law by seeking donations for obamacare. senator orrin hatch joins us. nice to see you. >> nice to talk with you. we appreciate you. >> what is it you're concerned about in terms of secretary seb

secretary sebelius said the worse case scenario for her would to be pick and choose who lives and who do i dies that 10-year-old girl as we mentioned name is sarah she is battling cystic fibrosis and needs a ventilator to breathe. her parents said she made the same lung transplant list as adults because child donors are rare. they add because their daughter is younger than 12, all the adults on the list get a chance at a donor organ first even if they're not as sick as sarah is. in a statement her family released today they say secretary sebelius' decision to not exercise her very clear authority under the law to intervene and mandate a variance that would help save sarah's life is devastating, essentially sarah has been left to die. there will be more developments on this and we will bring them to you. fbi agents are right now trying to figure out who kidnapped a united states marine and bureau is asking for help from all of us. marine reservist armando torrez disappeared in mexico with his father and his uncle. fbi reports gunmen grabbed the three of them from the father's ranch. th

secretary sebelius asking for a policy review. that could take up to two years. reason that the rules for organ donation are so tough to change. >> well, they're tough to change because they were long in the making. these are rules designed to save as many lives as possible with a very, very scarce resource. urgency and severity matter, so does length of time on the list, there are a number of different factors that go into this. any tweak on one part causes a tweak on another. these rules which by the way served us very well for generations and caused great trust in the system of organ donation ought not to be changed lightly and are always subject to review. doing the review under the gun and under the lights might not be the best way to undertake it, though. >> you study the cases each and every day. this is what you do. as familiar as you are with this sarah murnaghan story, do you think there should be an exception here made? i know it is a toughy. >> the subsidiary issue is people like me going on television like this and passing judgment in cases with whic

. >> you talked about the health and human services secretary, kathleen sebelius. her parents had asked her to intervene yesterday. she essentially said her hands were tied in this case. now, any response from her? >> well, we tried reaching out to secretary sebelius several times throughout the day. yesterday was interesting. she attended a budget hearing in washington, d.c., and, of course, all the questions turned to poor sarah murnaghan, her situation, what was being done. from the secretary's point of view, she feels as though the guidelines are in some ways -- she feels her hands are tied, basically. she says, and i'm going read you part of a quote of what she said yesterday. she said, "i suggest that rules are there because the worst of all worlds is if some individual picks who lives and who dies." sebelius also pointed out she feels for the murnaghan family, but feels as though rather than doing something right away without proper checks and balances, that might hurt people who are also sick, and who are also on a list. so what she did was, she ordered a p

two minutes,hs secret sebelius is on the hot seat.r from her and tell us if she has trouble on the horizon. that's just minutes awasm i want to make things more secure. [ whirring ] [ dog barks ] i want to treat mo dogs. ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help selling art. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t have the security you need to get you there. call us. we can show you how at&t solutions can help you do what you do... even better. ♪ help treulf recover, andment to. learn from what happenedg goals: so we could be a better, safer energy company. i've been with bp for 24 years. i was part of the team that helped deliver on our commitments to the gulf - and i can tell you, safety is at the hevery everything we do. we've added cutting-edge safety equipment and technology, like a new deepwater well cap and a state-of-the-art monitoring center, where experts watch over all oudrilling activity, twenty-four-s

sebelius will order a transplant policy review.come here and sort of tell us this story. tell us how is sarah doing this morning. >> she had a bit of a rough day. thank you for having me. she had a bit of a rough day yesterday. her co2 carbon dioxide levels popped up again yesterday. but last night she looked pretty good right before bed after we had gotten her fevers under control and she had a restful night. >> you're doing this waiting game so many families do when waiting on an organ donation list and waiting. every morn you wake up and pray or you hope or you hope that today is going to be the day you get that call. it could happen today but for 18 months, you've been waiting for that call? >> for 18 months we've been waiting and praying and the call hasn't come. what we've learned is the odds are really stacked against young children like sarah. >> you've started a petition on the website change.org to try to change these rules. >> yes. >> and have something work out for sarah. let me read you what since giving an advantage o

>> sebelius was really in the hot seat today, wolf.a hearing focus on the budget but sebelius faced tough questions about whether department guidelines are standing in the way of this little girl getting the medical care that she needs. sarah's parents say her daughter, if she does not get a lung transplant, she will die. she is ufring from cystic fibrosis. they say it could be a matter of weeks or months for her. right now she is on a wait list for children but not on the wait list for adults. her parents are ask that guidelines be changed so that sarah, for that matter, all children, who are in a critical situation, can then be moved to an adult list. sebelius pressed on the issue earlier this afternoon. >> mother and a grandmother, i can't imagine anything more agonizing than what they are going through. i talked to janet, mother of sarah, about this case. what i've also done is looked very carefully at the history of the rules around lung transplant and organ transplant -- >> it's simple -- >> dr. price -- >> i'm going to reclaim m

that enabled the family to stop health and human services secretary kathleen sebelius from enforcingtic rule. now young sarah is recovering. a lot of serious questions remain like, what does this case mean for all the other sarahs out there? that's what we're going to discuss. in is a tough case in many ways, from a policy perspective, even though it's an easy question from the heart perspective. you look at someone who needs help. they should get the help they need. the rules, however, have been built partly with a lot of input from the medical community saying we have to make tough decisions all the time. and adults fare better under this procedure. i have two big thoughts. one is that while i don't impugn secretary sebelius or the people operating under what is clearly an imperfect framework, i think we ought to have maximum flexibility between doctor and patient. and so in reading up on the case in the segment, i came across a lot of medical research about why this rule exists. but i would say it shouldn't be a zero tolerance rule. it seems to me it should be deference rule up. m