Toomey said a 10-year-old Pennsylvania girl named Sarah Murnaghan needs a lung transplant otherwise she “might only have a few weeks to live.”

Under current HHS rules, only children 12 years old or older qualify for the adult organ donation list. Toomey said Murnaghan’s “government is failing her” by continuing this policy.

Toomey called on Sebelius to change to “flawed” rule since Murnaghan’s doctors have said she is a good candidate for an adult lung transplant.

“We just want a system that works, and our current system doesn’t work,” Toomey said. “This girl is a very good candidate, but she’s not on the list.”

Toomey said Murnaghan’s parents sued the HHS and that a judge issued a 10-day suspension of the HHS rule. But Toomey said if Murnaghan doesn’t get the transplant within those 10 days, it’s unclear how the case will go.

“The problem is this is only for 10 days, then the judge is going to have a hearing and we don’t know how that will all play out,” Toomey said. “So I ask Secretary Sebelius to recognize a flaw in this policy.”