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I'm pretty sure this isn't a first-in, first-out situation. There's a matrix.
I don't see how putting her on the adult list, where she legitimately belongs, somehow unfairly bumps anyone.
Let the girl FAIRLY COMPETE for the lungs.

Is it fair to let "Bob" get the lungs over the girl, just because HHS (wrongly) follows an antiquated rule? I say not!

I am one of the most anti-litigious people out there. But let me tell you this, I would sue without a second thought if some bureaucrat was standing in the way of my child's life - based on some OBSOLETE rule.

Opposition to this confuses me greatly.