Regardless of the diagnosis you are still a candidate for the transplant, correct? I am not sure how this misdiagnosis harmed you in any way. I am interested however, to know if you are a smoker since the majority of COPD/emphysema is caused by smoking. I don't know how long you have smoked but you may want to contact a tobacco lawyer to see if you have a claim.
Not sure what your question is. Are you disputing the new diagnosis? Are you now off the transplant list?
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.