Happy news in an update to this story about a 10-year-old girl who is fighting to avoid becoming a victim of government regulations which would allow her to die without receiving a lung transplant … because she is too young.

Pleas for HHS Secretary Kathleen Sebelius to intervene fell on def ears when she coldly stated that it’s a tough situation, but ‘someone lives and someone dies’.

Just a few short hours ago, Red State’s Erick Erickson tweeted this, an excerpt from a Thomas Crown piece which stated:

Today, a 10 year old girl is being sentenced to death because she is not rich and is not a Democratic donor of fantastic proportions.

But news out of Philadelphia indicates that a judge has filed a temporary restraining order to prevent the Health and Human Services Department from enforcing a policy that would prevent that 10-year-old from receiving a potentially life-saving lung transplant.

Via CBS Philly:

U.S. Senator Pat Toomey (R-Pa.) says  a judge has ruled to allow 10-year-old Sarah Murnaghan and potentially other children to be temporarily added to the adult list for a lung transplant.

Sarah’s family filed a lawsuit Wednesday to change organ-donation rules for children saying the existing rules discriminate against children under the age of 12 by giving older candidates priority for donated adult lungs. They filed an emergency motion for a temporary restraining order and a preliminary injunction in Philadelphia federal court to prevent the Secretary of Health and Human Services (HHS) from enforcing a policy that prevents children under 12 from getting the adult lung transplants they need to save their lives.

Toomey says effective immediately, Judge Michael Baylson, senior federal judge on the U.S. District Court for the Eastern District of Pennsylvania, granted a temporary restraining order and told the Secretary of HHS to direct the transplant network to cease application of the “Under 12 Rule” as it applies to Sarah.  If there is another child in the judicial district in Sarah’s circumstance, the judge would consider a temporary restraining order if the case is presented in court.  The judge set a preliminary injunction hearing for June 14.

Sarah Murnaghan – 1.

Obama Administration death panels – 0.