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.

 

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

  1. “As more young adults step forward describing identical experiences of coercion and regret, the Varian decision may indeed open the floodgates—not out of vindictiveness, but as a legal correction to one of the most reckless medical fads of the 21st century. It signals that blind ideological zeal will no longer exempt clinicians from accountability, and that institutions exploiting adolescent confusion for profit will finally face the scrutiny of justice.”
    By Peter A. McCullough, MD, MPH
    https://www.thefocalpoints.com/p/breaking-fox-varian-malpractice-case

  2. Generally, I don’t like the sound of medical malpractice. In these cases, I want to see the cash registers ring on almost every case, though I think incarceration would be better.

  3. Let’s stop and think for a moment. What goes on in a doctor’s mind that justifies the mutilation of a child?
    The doctor must have read the studies produced by the doctors of the brain in his search for justification.
    The doctors of the brain confirmed his personal bias so out pops the scalpel. He then drops the severed breasts into the hazmat disposal bag, removes his surgical gloves and then thoroughly washes his hands in preparation for the removal of a boys penis scheduled for the afternoon. At the end of the week he checks his bank account to make sure that all payments have been properly received. After having done so he thinks about the taste of the fine wine he will drink at his evening meal. Success is all that matters.
    Thankfully the wine has now turned bitter to the tune of two million dollars. If there’s any justice in the world his bankruptcy and lose of his right to practice should soon follow.

  4. Meet Drs. Mengele: Psychologist Kenneth Einhorn and surgeon Simon Chin

    Meet the mother who took her child to Drs. Mengele: Claire Deacon

    Meet the bottom-feeders getting fat on Dr. Mengele’s carcasses: “There are more than two dozen such lawsuits . . .”

    There is nobody to root for in this horrific story (except, maybe, the 16-year-old Varian).

  5. So the transgender grift went from being a juicy opportunity for doctors to make money to an even juicier opportunity for lawyers to make even more money.

  6. I have been waiting for this type of malpractice case to come forth. The science behind “trans” surgeries was always very shaky to almost non existent. The main argument was to prevent suicide and yet study after study showed no significant improvement in suicide rates and this “movement” ignored decades of data that showed puberty was the most effective treatment for gender dysphoria disorder. In spite of that A whole industry was built around this treatment with hormones and surgery and virtually all of it was illicit.
    Just like the bone marrow transplant scam for solid organ cancers.
    I hope the whole industry gets crushed in a wave of malpractice suits. They multilated these children willfully.
    The parents should also bear a significant responsibility because many pushed children into this choice, although some parents were simply misinformed by their medical providers. Also schools who have preached and pressured children about this should get sued.
    It pleases me no end that the psychologist was also hit with this suit. The American Psychological Association needs to get their act together as well as the American College of Surgery. They have allowed this and not policed their organizations. State medical boards should also start yanking some licenses and the sooner the better.

    1. I have too, GEB. So many permanent consequences from what is a social contagion. We adults should have told the kids “no”. Told the teenagers “no”. Told the psychologically unwell young adults “no”. There is no trans.

  7. “This is not a defense of doctors. They had an independent duty to do no harm and failed it.”

    Unfortunately, that failure is indicative of medicine today. Far too many (most, by my observation) doctors are salesmen, first and foremost. If they are “elite” enough to charge astronomical fees for their services (whether paid directly by the patient or by third parties) the sales pitch is on their own behalf; otherwise it typically is on behalf of Big Pharma; but a sales pitch it is, nevertheless. I have not fully trusted the medical profession in many years, and that trust is constantly (and currently) diminishing. I fully understand that there is significant risk in evaluating my own medical well-being and needs, while relying on established medicine only for measurements and very limited advice, rather than faithfully following its recommendations, but in my judgement that has become a far lesser risk that blindly adhering to current medical practices.

    1. ” doctors are salesmen, first and foremost”

      There are others to blame, such as hospital administrators, and all who brought this type of mutilation to big business, encouraging all who were involved.

  8. 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.

    1. Are you high? 45 states require you to be over 18 (adult). The other 5 require written parental consent

  9. 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.

  10. 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.

    1. In my experience, those >/= 21 years of age who request these things are not well psychologically. They are on depression and anxiety medications, are never thriving in the world (doing well in college, for example), taking medications for ADHD, have a history of suicide attempts. One could say that if they were allowed to “transition” that these psychological problems would improve or go away, that their inability to transition was in large part the reason for their despair. OR…they’re not in any way mentally well enough to make such a big decision. And in addition, these surgeries should be paid out of pocket–no insurance.

  11. 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.

  12. 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.

      1. Olly,

        “ Liability flows downward and never reaches Congress, even though protecting citizens from foreseeable harm is their job.”

        Opposing view;

        Are you sure about that? Libertarians and conservatives would disagree with you. If Congress’ job is protecting citizens from foreseeable harm then the vaccine mandates should have been legally enforceable. Right? Enforcing masks during COVID shouldn’t have been an issue. Telling people to not eat Tide pods, hold fireworks in your hands, wear seatbelts, etc. because it’s their job to protect citizens and any foreseeable harm.

        Remember, SCOTUS ruled that police have no obligation to protect anyone from harm. That’s not their job. They are not obligated to rescue anyone even defend children being shot by a gunman in school as we have learned in a recent Uvalde school shooting case.

        According to Libertarian and some Christian views liability flows upward. You’re responsible for your own actions and choices. The doctors in this case according to Libertarian and some Christian views should not be liable. The 16 year old’s parents should. Because they are the ones who decided to go ahead with the procedure.

  13. 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.

  14. 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.

      1. I think if you grow up as a helmet, you’re not likely to envy the anteaters. But for a more extreme example, certainly the altos and sopranos of the old Vienna Boys Choir had cause for complaint.

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