The U.S. health secretary has turned down appeals to overrule a federal regulation that could save the life of a 10-year girl who desperately needs a lung transplant or faces dying in the next three to five weeks.

Health and Human Services Secretary Kathleen Sebelius described her decision as ‘incredibly agonizing’ when she told a congressional panel on Tuesday that she won’t intervene in a transplant decision to save a dying Pennsylvania girl.

Sarah Murnaghan doesn’t qualify for an adult lung transplant until the age of 12, according to federal regulations, Sebelius has the authority to waive that rule on her behalf.

‘She [Sebelius] said “Oh I’m so sorry I know this isn’t what you wanted to hear,'” Sarah’s distraught mom Janet told Fox45 after hearing of Sebelius’ verdict.

‘It is in her legal authority. We’re going to let a kid die over red tape. Somebody needs to stand up and say this isn’t right. This is a human issue this isn’t politics.’

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