New York Jury Awards $2 Million in Malpractice Case Over Gender Transitioning Surgery

In New York, a jury has now handed down what it viewed as the first successful lawsuit against doctors accused of malpractice over a gender transitioning surgery. The jury awarded $2 million to Fox Varian, 22, over the double mastectomy performed on her while she was a minor. Psychologist Kenneth Einhorn and surgeon Simon Chin were held responsible in Westchester County Supreme Court in White Plains for standards of care followed by reasonable doctors.

Varian had the “top surgery” at the age of 16 in 2019 with the consent of her mother, who said that she felt pressured into the procedure to avoid the risk of suicide.

Claire Deacon told The Epoch Times that Einhorn allegedly pushed her into the surgery: “This man was just so emphatic, and pushing and pushing, that I felt like there was no good decision.”

Varian’s lawyers focused on Einhorn’s influence in pushing Varian to proceed with the life-changing procedure as a minor. They argued that the doctors overlooked co-existing issues like anxiety, depression, or family dynamics before causing “pain, suffering, and mental anguish of a permanent nature.”

Conversely, counsel for Einhorn and Chin argued that Varian showed improvement after the surgery and lived happily as a male for several years after surgery.

The jury was awarded $1.6 million for past and future pain and suffering, and an additional $400,000 for future medical expenses.

The case could be a model for other lawsuits over such surgeries performed on minors. There are more than two dozen such lawsuits currently pending in various courts.

European countries shifted away from medical intervention following the 2024 release in the UK of the Cass report, which raised serious medical concerns over some “gender affirmation” treatments for children.

 

18 thoughts on “New York Jury Awards $2 Million in Malpractice Case Over Gender Transitioning Surgery”

  1. Next up Tattoo “Artists”: A guy walks into a tattoo shop and gets his girlfriend’s name inked on his arm. After sobering up he discovers that his wife objects to the new artwork. He sues because it is obviously the artist’s fault, not his own.

  2. Call me old fashioned (& yes, I know I’m) but it traumatized ME as an adult to think about children having these irreversible medical surgeries. I will defer to those with greater knowledge then I, but on this issue, someone was asleep at the wheel. When I was a teen the fad was mini skirts/dresses. If you really wanted to make your parents apoplectic chew gum or, heaven forbid, smoke or put yourself right in a grave, FORNICATE. We all had or knew of someone who maybe was or was reported to be “ queer”. At that time “queer” was a pejorative and unkind to say. “They” were just “different “! Praise God, that has changed along with other things in our society that were just ignorant. Not because we are cruel beings, we were just not “enlightened”. Since the beginning of time, we humans, have had to change and evolve to become our better selves. We are a species that can change, adapt & by God’s Grace be better. However, something has taken over our brothers and sisters. There is a GODLESSNESSES that is attempting to change who we are. Our most precious asset, our children, are being stolen from us , right under our noses, by influences that are meant to harm them and subtly and not so subtly change who we are as a society. Hitler was able to rise to power, slowly but surely, by corrupting the minds of the youth. This is sadly what I now see happening here. Other nations, protect their children! Why haven’t we?

    1. I agree with your concern and your belief that we can improve. But human nature doesn’t change, which is why free societies depend on limits and accountability rather than trust alone. When those guardrails fail, especially for children, the consequences follow.

    2. Of note, transgender surgery / medicines also sterilizes our children.

      A rare condition, known as “hermaphroditism” may cause a person to be born with a mixture of male and female characteristics. In such situations it may make rational sense to try to square the circle, so to speak. Apart from that, transgender “treatments” for children is nothing short of child abuse.

      1. Sex change is child abuse? No such laws in the USA.
        Rational sense? According to who? The Drs. who did the work thought they were being rational.

  3. I definitely say people should have to wait until they are 21, and if they still feel this way, then as a consenting adult, proceed how one sees fit. To warp the bodies and minds of children for whom this would otherwise never even be a thought is unconscionable. I hope more of the suits are successful.

  4. When adults impose their own sexual fantasies on children: child abuse by any other name is still child abuse.

    1. How to you imply sexual fantasy from this case? No mention of it whatsoever.
      It was all about the fees and an ego event for them.

  5. The Founders shielded legislators from intimidation, not from responsibility. As James Madison explained in The Federalist Papers (No. 57), accountability to the people was supposed to restrain abuse of power.

    What this lawsuit exposes is a breakdown of that design. Congress forfeited its duty to protect citizens, especially minors, from foreseeable harm, while the Speech or Debate Clause insulates lawmakers from consequence. The result is predictable.

    Liability flows downstream to doctors and institutions acting in a politicized environment, while those who enabled or protected the policy framework remain untouchable.

    That is not constitutional balance. It is accountability inverted.

    1. This is not a defense of doctors. They had an independent duty to do no harm and failed it. The issue is chain of responsibility. Everyone failed here, but accountability has a ceiling. Liability flows downward and never reaches Congress, even though protecting citizens from foreseeable harm is their job.

  6. Good. Send ‘em all to the poorhouse.

    Why don’t we ever hear about these doctors performing these permanent mutilations on their own children?

    1. Insurance covers it. That’s why health care is expensive. At some point the insurance industry will not cover sex changes.

  7. Mutilation of children is terrible. We don’t allow children to make decisions about tattoos, or smoking, or drinking. Yet, we think life-changing surgeries or hormone treatments are fine. It’s disgusting.

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