May 30, 2013:
Prescott Lovern, Sr., president of R & L Associates Law, contacted the United States Department of Health & Human Services (HHS) and demanded their legal authority for their “Policy” that is preventing Sarah from receiving a lung transplant due to her being under 12 years of age. The reason for demanding an explanation is because Congress never passed any law regarding organ transplants authorizing any federal agency action regarding transplantation based on age. Without congressional authority HHS cannot legally enforce a 12 and over “Policy.” HHS could not provide any binding legal authority for their illegal, unconstitutional “Policy.”
Based on there being no legal authority, that brings up whether HHS has legal authority to use taxpayer money to pay UNOS to monopolize organ donation nationwide? The answer is NO because it is illegal to buy or sell organs, therefore, there is no commerce involved in organ donation; hence, HHS has no legal authority to totally control donated organs nationwide through UNOS. There authority is only in the District of Columbia and territorial islands owned by the federal government because organ donation does not fall under the Commerce Clause.
This brings us to the question – are Sarah’s constitutional rights being violated with HHS’ illegal Policy. The answer is YES, and it’s a federal felony under Title 18 U.S.C., Sec. 241. Mr. Lovern told this to Peter Schenck, chief of the criminal division of the U.S. Attorney’s Office, Eastern District of Pennsylvania. At first he said he would help. That was Wednesday, but on Thursday he called Mr. Lovern and said he couldn’t do anything. The U.S. Department of Justice (DOJ) made a decision to allow HHS to trample Sarah’s constitutional rights, and, DOJ made a decision to look the other way regarding HHS’ illegal conduct regarding their illegal monopoly on donated organs, and federal felonies. Very Eric Holder…esk.
This is very serious because we know that children under 12 have died unnecessarily. That is unacceptable and it will not be allowed to stand without legal consequences. Experts have told us an adult lung can be modified to work in a child, provided you have the right blood type.
R & L Associates Law and Prescott Lovern, Sr. have already filed the necessary paperwork to give them the legal authority to file public interest litigation on behalf of taxpayers to shut down UNOS’ illegal monopoly and recover the taxpayers money. Hopefully this will lead to a recovery litigation vehicle for families who have lost children due to HHS’ illegal age “Policy.”
We are still trying to help Sarah and continue to hope that something will break open that can help her get the transplant she legally deserves. President Obama, Secretary Sebelius, you two should be ashamed. Your conduct is outrageous.