PITTSBURGH (NewsRadio 1020 KDKA) – Ten-year-old Sarah Murnaghan’s desperately needs a lung transplant. Her family filed a federal lawsuit asking a federal judge to change the organ-donation rules applying to children.

The current policy from U.S. Health and Human Services does not allow children under the age of 12 on the adult list.

READ MORE: 81-Year-Old Man Hit,Killed By Driver Of Vehicle In Allegheny County

Today, the courts have ruled to cease the “Under 12 Rule” as it applies to Sarah. This allows her to be added to the adult list for a transplant.

U.S Health and Human Services Secretary Kathleen Sebelius was against the motion saying the rules are in place so that one person is not chosen over another due to exceptions in the rule.

READ MORE: Nick Saban, Others Urge U.S. Sen. Joe Manchin To Protect Voting Rights

Sen. Pat Toomey pushed for the temporary restraining order and preliminary injunction in federal court. He joined KDKA Radio’s Bill Rehkopf on the KDKA Afternoon News disagreeing with Sebelius saying, “One thing she is overlooking is nobody is asking to make an exception, that would not be right. We are asking to change a flawed policy.”

You can hear the whole interview here:

You can also listen to the Afternoon News with Bill Rehkopf weekdays 3 p.m. to 7 p.m.

MORE NEWS: Police Investigating Shooting In Parking Lot Of Clearview Mall

Health & Human Services Secretary Decides Not To Intervene In Transplant Case (6/4/13)