This note analyzes the "Under 12 Rule" and advocates for its abolishment by examining the consequences and discrimination faced by children under the age of twelve since its enactment in 2005 as well as the benefits stemming from the allowance of using adult lungs for pediatric transplantation. Part II discusses the history of organ transplantation law and the current organ transplantation laws as they stand. Part III provides statistical data demonstrating the disparity between pediatric lung transplant candidates and adult lung transplant candidates. Part IV discusses the reasons for the implementation of the "Under 12 Rule" and analyzes the emerging study associated with the benefits of a lung transplantation using larger lungs. Part V discusses the litigation that ensued due to the "Under 12 Rule" and the legal arguments that were raised. Part VI proposes a new regulation for the pediatric allocation of donor lungs, and Part VII concludes this Note, advocating for the abolishment of the Organ Procurement and Transplant Network’s "Under 12 Rule."
Rules Are Meant To Be Broken: The Organ Procurement And Transplantation Network Should Allow Pediatric Transplantation Of Adult Lungs,
28 J.L. & Health
available at http://engagedscholarship.csuohio.edu/jlh/vol28/iss2/7