Sarah Murnaghan Update: Lawyers Push to Give Girl Dying of Cystic Fibrosis Lung Transplant Priority (VIDEO)

Ten-year old Sarah Murnaghan, who suffers from cystic fibrosis is currently fighting for her life as doctors say the little girl only has weeks left to live. Lawyers for the little girl are now calling Human Services' Secretary Kathleen Sebelius' decision to review a lung transplant policy too late to save the little girl "unconstitutional," ABC News reports.

National organ rules on transplants prioritizes adult patients to receive lung transplants, regardless of the severity of children's conditions, as pediatric lungs are very rare. This puts Murnaghan low on the list to receive a donation, even though her lungs are deteriorating rapidly and doctors say she will die in weeks if she does not receive new lungs soon.

If Murnaghan were 12, she would currently be at the top of the lung transplant list, but due to her age she is at the bottom. Law firm Pepper Hamilton LLP wrote a letter to Sebelius on June 3, deeming the transplant policy "unfair, arbitrary and capricious," and urging her to make a decision sooner rather than later, as her failure to review the policy in time to save Sarah Murnaghan is a violation of the little girl's constitutional rights to "due process" and "equal protection," according to a family statement.

Sarah's father, Fran Murnaghan, recently said to ABC News that Sebelius' mandate for review of transplant policies would not deal with with the current case in a "timely manner," nor deal with a system that he characterized as unequal and discriminatory to children younger than 12.

"Sarah is being left to die," Fran Murnaghan said. "Not only Sarah, but there are many other children in the same situation. [Sebelius] clearly has the authority to do something now, and she has decided to do, to be honest, not much of anything. In my opinion, she has kicked the can down the political road."

"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," the family said in a statement. "Our little girl, who loves writing music, making crafts, and playing with her siblings can honor someone's life by living on herself."

Sebelius sent a letter on March 31 asking the Organ Procurement and Transplantation Network to review and consider changing the policy so more transplants could be available for children under 12, The Associated Press reported. She called the inequality between donors and children in need of transplants "especially stark."

According to a statement from the Organ Procurement and Transplantation Network, in 2012 there were only 11 lung donors between 6 and 10 years old and only two lung transplants in the under-12 age group.

Patients with cystic fibrosis, as Sarah Murnaghan has, have an average life expectancy of 31 years old, according to Dr. Devang Doshi, a pediatric lung specialist at Beaumont Children's Hospital in Michigan who has not met Sarah. He added that if these children receive new lungs, they are often cured.

"It's a very disheartening thing to hear and read about because you've got a child in desperate need of a transplant to survive...and people less qualified in terms of severity are able to get that organ instead of this child because of what's in place," Doshi said to ABC News. "From a medical standpoint, we look at these types of hurdles and obstacles and sometimes get frustrated with the system."

He said he thinks children under 12 should be considered with the adult patients for new organs, and awarded them based on the severity of their conditions as opposed to their age.

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