I understand perfectly well. It is you who does not. The mere fact she is on the adult list now means she has been given a higher chance than before by legal diktat.
Hard cases make for bad law, and this isn’t the time or the way for them to go making changes in the policy.
Should the policy be reexamined with the advances? Very possibly yes, since moving the line could improve chances on both sides of it. This was still the worst possible way to go about it.
This ruling only allowed her to go on the list temporarily while the rules was reexamined. I think this was the perfect way to go about it. An arbitrary age of 12 years old is a stupid rule. My daughter was fully grown and developed before 12 years old. If a rule that applied to age and not her specific size or medical conditions was going to be the reason my daughter did not get a needed transplant, I would move heaven and earth to have this stupid rule reexamined.
This ruling allows this girl to be considered for a lung. The arbitrary age is what was unfair. No one is saying this girl should be given a lung that is not compatible with her size and medical condition. She now gets the chance that a teen or adult has, a chance for consideration.
This girl would not even be considered for transplant if the lungs came from a teen. You can keep arguing that hard cases make for bad law but the bad law was already in place and I thank God that this hard case made someone reexamine it.