2nd child in Philly sues over lung transplant list

Associated Press
FILE - In this May 30, 2013 file photo provided by the Murnaghan family, Sarah Murnaghan, center, celebrates the 100th day of her stay in Children's Hospital of Philadelphia with her father, Fran, left, and mother, Janet. A federal judge in Philadelphia on Wednesday, June 5, 2013 made the dying 10-year-old eligible to seek donor lungs from an adult transplant list. (AP Photo/Murnaghan Family, File)
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PHILADELPHIA (AP) — A second child at a Philadelphia hospital is asking a federal judge to order that he be put on the adult waiting list for a donated lung.

The mother of 11-year-old Javier Acosta filed a lawsuit Thursday that says if he does not get a donated set of lungs soon he will die.

The case was initiated a day after a national organ transplant network complied with a judge's unusual order and placed a dying 10-year-old girl on the list.

Javier, a boy with cystic fibrosis who lives in the Bronx, is currently in the intensive care unit at Children's Hospital of Philadelphia.

The legal filing says Javier's brother was his age when he died while waiting for a lung transplant two years ago.

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