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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 children. i don't want sara in front of anyone who's sicker. this should be the sickest person first. >> reporter: javier's family knows the pain of waiting all too well. in 2009, his brother who also had cystic fibrosis, died while waiting for a transplant. the mernahan's initiated the lawsuit against hhs and secretary kathleen sebelius urging her to change the so-called under-12 rule. sebelius was questioned about it

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