Family Of 2nd Child Lung Donor Rule Fight Speaks - FOX 13 News

Family Of 2nd Child Lung Donor Rule Fight Speaks

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Pictures show a smiling Javier Acosta during happier times.

Before the 11-year-old was in dire need of a lung transplant to save his life.

Before he feared simple things like sleeping.

"As a mom I have to protect and tell him you're not going to die tomorrow. He's afraid to go to sleep at night because  he thinks he won't wake up.
I tell him he'll be fine."

Javier's mother Milagros Martinez can say that with a little more certainty now.

Wednesday a federal judge ordered children like her son and 10-year-old Sarah Murnaghan will temporarily be put on the adult lung transplant list

For now the rules say kids 12 and under must wait on a separate children's list.

Attorney Steve Harvey went before the judge pleading the need for kids like Sarah and Javier to be allowed on the adult list

"We're were not asking to jump to the front. We're  just asking for it to be based on the severity of condition."

"He will die basically, " Martinez said of her son. "It's the end of his life at 11. I feel that's unfair because of a policy I feel it shouldn't be that way."

Martinez knows the consequences of her son's cystic fibrosis all too well.

Nearly four years ago her youngest son died from the same disease.
He was a month from his twelfth birthday.

A month from the age he could have been placed on the adult transplant list which is based on need

"It's very difficult for me to tell him what happened to your brother will not happen to you," explained Javier's mom

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