PHILADELPHIA (CBS/AP) — A second child at a Philadelphia hospital is asking a federal judge to order that he be put on the adult waiting list for a donated lung.

The mother of 11-year-old Javier Acosta filed a lawsuit Thursday that says if he does not get a donated set of lungs soon he will die.

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The case was initiated a day after a national organ transplant network complied with a judge’s unusual order and placed 10-year-old Sarah Murnaghan on the list (See Previous Story).

Javier, a boy with cystic fibrosis who lives in the Bronx, is currently in the intensive care unit at Children’s Hospital of Philadelphia.

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The legal filing says Javier’s brother was his age when he died while waiting for a lung transplant two years ago.

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