Family Of 2nd Child Lung Donor Rule Fight Speaks - New York News

Family Of 2nd Child Lung Donor Rule Fight Speaks

Posted: Updated:

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

  • Sarah's FightMore>>

  • Sarah Murnaghan Leaves CHOP, Arrives Home!

    Sarah Murnaghan Leaves CHOP, Arrives Home!

    Wednesday, December 18 2013 12:12 PM EST2013-12-18 17:12:02 GMT
    After several months in the hospital and agonizing surgeries, 11-year-old Sarah Murnaghan is finally going home today.
    After several months in the hospital and agonizing surgeries, 11-year-old Sarah Murnaghan is finally home!
  • Sarah Murnaghan Breaths On Her Own

    Sarah Murnaghan Breaths On Her Own

    Tuesday, September 17 2013 8:36 PM EDT2013-09-18 00:36:11 GMT
    In the video, Sarah's aunt asks Sarah, "Are you off your machines?" To which Sarah eventually responds, "I feel fine."
    In the video, Sarah's aunt asks Sarah, "Are you off your machines?" To which Sarah eventually responds, "I feel fine."
  • Sarah Murnaghan Recovering At Home

    Sarah Murnaghan Recovering At Home

    Tuesday, September 17 2013 8:26 PM EDT2013-09-18 00:26:48 GMT
    Sarah's mom says she's looking forward to playing with her friends, singing and playing soccer. She'll basically enjoy the normal life of an 11-year-old.
    Sarah's mom says she's looking forward to playing with her friends, singing and playing soccer. She'll basically enjoy the normal life of an 11-year-old.
  • Local NewsMore>>

  • Only On Fox: Arsonist On The Loose In South Jersey Town

    Only On Fox: Arsonist On The Loose In South Jersey Town

    Wednesday, April 16 2014 4:45 PM EDT2014-04-16 20:45:07 GMT
    It started with a brush fire, then another fire at the rear of this home on Monroe Street and finally a blaze that swept through this vacant home up the block, just a few feet away from where Emma Sethman
    It started with a brush fire, then another fire at the rear of this home on Monroe Street and finally a blaze that swept through this vacant home up the block, just a few feet away from where Emma Sethman
  • Man Killed in Monroe Township Skydiving Accident

    Man Killed in Monroe Township Skydiving Accident

    Man Killed in Monroe Township Skydiving Accident

    Sunday, April 20 2014 10:59 PM EDT2014-04-21 02:59:52 GMT
    A person was injuredafter askydiving accident in Gloucester, Washington Township on Sunday afternoon.Police say the parachute did not open. The person landed on Tuckahoe Road right across from the United Artists movie theatre, which is about a half mile from Cross Keys Airport.Police are currently on the scene still investigating.Stay with Fox 29 for any updates on this story.
    A person was injuredafter askydiving accident in Gloucester, Washington Township on Sunday afternoon.Police say the parachute did not open. The person landed on Tuckahoe Road right across from the United Artists movie theatre, which is about a half mile from Cross Keys Airport.Police are currently on the scene still investigating.Stay with Fox 29 for any updates on this story.
  • Police Search For Missing 16-Year-Old In Camden

    Police Search For Missing 16-Year-Old In Camden

    Police Search For Missing 16-Year-Old In Camden

    Sunday, April 20 2014 10:42 PM EDT2014-04-21 02:42:45 GMT
    Police say Zebedee Matthews was reported missing Sunday, April 20th from his home on the 600 block of Benson Street.Police say Zebedee Matthews was reported missing Sunday, April 20th from his home on the 600 block of Benson Street.
    Camden County Police are looking for a missing 16-year-old from Lanning Square.Police say Zebedee Matthews was reported missing Sunday, April 20th from his home on the 600 block of Benson Street.Police describe him as a black male, 5'6 ½", 115 pounds, with brown eyes and black hair. He has been reported missing three times before and is known to frequent Leonard Avenue in Camden, according to authorities.If you have information on his whereabouts, please call the CCPD tip line at (856) 757-7042.
    Camden County Police are looking for a missing 16-year-old from Lanning Square.Police say Zebedee Matthews was reported missing Sunday, April 20th from his home on the 600 block of Benson Street.Police describe him as a black male, 5'6 ½", 115 pounds, with brown eyes and black hair. He has been reported missing three times before and is known to frequent Leonard Avenue in Camden, according to authorities.If you have information on his whereabouts, please call the CCPD tip line at (856) 757-7042.
  • Local NewsLocal NewsMore>>

  • Skydiver dies after crashing into NJ backyard

    Skydiver dies after crashing into NJ backyard

    Sunday, April 20 2014 10:56 PM EDT2014-04-21 02:56:44 GMT
    New Jersey NewsNew Jersey News
    A 49-year-old sky diver from Brooklyn died after crashing into the backyard of a home in New Jersey. According to officials, Arkady Shenker wore a specialized parachute during the jump. Shenker was known to be an experienced skydiver who had over 300 jumps under his belt.
    A 49-year-old sky diver from Brooklyn died after crashing into the backyard of a home in New Jersey. According to officials, Arkady Shenker wore a specialized parachute during the jump. Shenker was known to be an experienced skydiver who had over 300 jumps under his belt.
  • Boxer Rubin 'Hurricane' Carter dies at 76

    Boxer Rubin 'Hurricane' Carter dies at 76

    New Jersey NewsNew Jersey News
    Rubin "Hurricane" Carter, the boxer whose wrongful murder conviction became an international symbol of racial injustice, has died at 76.
    Rubin "Hurricane" Carter, the boxer whose wrongful murder conviction became an international symbol of racial injustice, has died at 76.
  • 2 children die in overnight NYC fire

    2 children die in overnight NYC fire

    Sunday, April 20 2014 6:57 PM EDT2014-04-20 22:57:33 GMT
    Police say 4-year-old half siblings have died in an overnight fire at a home in New York City, and the twin of one of the children has survived.
    Police say 4-year-old half siblings have died in an overnight fire at a home in New York City, and the twin of one of the children has survived.
Powered by WorldNow
Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | Terms of Service | Ad Choices