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.

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

  1. Hopefully, this will have a very chilling effect on medical schools who are still preaching this horrific practice, some even justifying it without parental consent.
    Also hopefully, there will be some common sense legislation resulting in severe legal consequences for doctors and psychiatrists who advocate for children being able to mutilate themselves permanently.
    In the interim, those doctors should have their licenses removed and be banned from ever practicing again.
    Any doctor, psychologist or psychiatrist who thinks a minor should be allowed to choose self-mutilation should be shunned by all reasonable people.

  2. This is another example of a problem with many contributors where we refuse to name the root. So I will ask the basic question. Why do we even have a government. What is its job. At the most fundamental level, it is the security of rights.

    Minors are not presumed to have adult capacity for irreversible decisions. That is precisely why laws exist to protect them from harm by others and from their own immaturity. In this case, Congress did not merely fail to act. It allowed the practice, subsidized the framework, and helped shield those causing harm through political pressure and media protection.

    Parents were often misled. Doctors and institutions failed their duties. Administrators and corporate medicine monetized it.

    There are many layers of responsibility here. Everyone should be held to account. But at some point you have to ask who had the authority to stop this with clear law. Who had the power to draw a line. And who is the only actor that will never face liability unless voted out of office. That answer is uncomfortable, but unavoidable.

    When accountability exists everywhere except where power is greatest, the system is not protecting rights. It is protecting itself.

    1. I beg to differ.
      Primary responsibility lies. IMO, with
      who gets to decide what is “medically necessary.”
      All else flows from that.
      So I think primary responsibility lies with the medical associations that are promoting medical interventions as a “solution” to what they call gender dysphoria.
      They give cover to all else.

  3. I didn’t understand the last part of the article: “the jury was awarded”–Did you mean, the jury “awarded”………?

    I worry about children receiving drugs for transitioning during their growth years. Their bodies and their brains are still growing. Boys continue to grow in their late teens. Girls tend to start younger. What do drugs, created in a lab, do to youngsters? And also, one must continue to take these drugs for life. What happens to people?

    What can we do to help? I have seen a person who “thinks” they want to transition at the age of14, and I can see a problem–the need for some kind of psychologic interference, the need to find out what is going on.

  4. ‘We’re All Just Winging It’: What the Gender Doctors Say in Private
    “In footage obtained exclusively by The Free Press, gender doctors acknowledge they perform life-altering procedures on vulnerable youth with no supportive evidence—and they are proud of it.”
    https://www.thefp.com/p/were-all-just-winging-it-what-the

    Before the surgery, Varian had told staff at the Albany Pride Center that she felt she “felt pressure to decide” on a male identity or a female identity “by family, friends, and culture.”

    1. Other people who should be held responsible are those lawmakers in states that pass laws allowing teachers/schools to keep gender dysphoria confused children information from their parents or even suggesting a child may be gender confused. They need to be held accountable.

  5. Nothing restrains the sane from insane acts like the fear of consequences. Child mutilators take notice.

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