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 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.
“CHAOTIC AND IRRATIONAL”
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“So, the lunatics have taken charge of the asylum.”
– Richard A. Rowland
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Rowland, then head of Metro Pictures, reportedly made the remark in 1919 upon hearing that film stars Charlie Chaplin, Mary Pickford, Douglas Fairbanks, and director D.W. Griffith were forming their own independent studio, United Artists. At the time, the idea of actors controlling their own financial and creative interests—independent of major commercial studios—was seen as a chaotic and irrational move by industry executives.
“AMERICAN RENAISSANCE”
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“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”
– Declaration of Independence, 1776
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It is long past time to take back, reestablish, and reimplement the severely restricted-vote republic of the original Constitution and Bill of Rights of 1789.
please Note
YOU CAN NOT Change your Gender
Your DNA is the same…no matter, the surgery, cloths, hair, makeup, medicines, etc
Charge trans people with FRAUD!
They fixed that conundrum about not being able to change your gender by changing the definition of gender.
They’ve now decided it’s a self-determined, fluid definition.
How convenient.
They did the same thing with the word ‘liberal’. When it became a pejorative in the lexicon, they began calling themselves progressives… As if there’s something progressive about assassinating a baby in utero Or conspiring against parents from learning if their minor children are considering permanently mutilating their bodies because of how they are feeling today.
I’d prefer the Doctor, nurses, hospital execs and parents were JAILED FOR LIFE!
reminder every democrat believe in this stuff…and is PURE EVIL!
This is how a free market is supposed to work.
No regulation – just the purchasing choices of consumers and torts cases to address instances when a poor choice by a provider has actually harmed those who relied on them.
I agree with your basic sentiment het John, but the free market doesn’t allow for the mutilation of kids with sick parents. The free market doesn’t allow children to go watch Debbie Does Dallas or Deep Throat and rightly so and the euphemistic “top Surgery” for a healthy 16 year old child should not be up to a mommie with Munchausen by Proxy mental illness.
I wonder if these idiots realize stupid they look to the outside world making these promises that they know they can’t keep. Are they just trying to show how arrogant they are?
Under NO circumstances should doctors be allowed to mutilate children. Children are not capable of such consent. And no parent is capable of making such a decision. What is wrong with us in accepting the mutilation of children to serve some trans agenda?
Did you say mutilate and that children are not capable of such consent?
Abortion mutilates and children literally fight their mothers to defend themselves and stay alive in the womb.
To wit,
“And here are some bonus scientific facts that prove it’s not just an organ or part of the mother.”
“During its early stages of development, the placenta of the unborn child secretes neurokinin B-containing phosphocoline molecules, which protects the child from detection by its mother’s immune system, because it can be interpreted as a foreign body and is subject to attack. This is because the fetus is of non-identical genetic material to the mother due to their different DNA.
“Also present in the unborn child are lymphocytic suppressor cells which stop interleukin 2 (IL2) cells from signalling cytotoxic T cells to kill the child. The purpose of IL2 cells is to distinguish between self and non-self (parts of the mother and foreign parts). The lymphocytic cells would not need to inhibit the response of the cytotoxic T cells if the IL2 did not signal the feuts as a foreign body. This would not occur if it was one of her own organs because the response would not be initiated.
“An organ does not have its own organs. The fetal heartbeat begins at around 22 days after fertilisation as I said earlier, and brain waves are detected at about six weeks, which means the unborn child has a heart and a brain. At seven weeks, all other organs are present, although not fully developed, which would mean not only did the mother have an organ with different DNA to her, but this organ also has its own organ systems, and so the mother has an extra heart, brain, stomach, liver, etc.”
– Emma Greenland-Broadsmith
We are reminded that transgenderism bolted to the forefront of media and political attention during the Biden years, and that Joe Biden nominated transgender female Rachel Levine for the highly visible position as Asst Sec’y for HHS
https://victoryinstitute.org/news/joe-biden-nominates-dr-rachel-levine-in-historic-appointment-is-first-trans-person-nominated-for-senate-confirmed-position/
Rachel Levine became a principal in the push to lower the age of gender affirming medical care.
And YES, Congress DID have something to say about this.
https://oversight.house.gov/wp-content/uploads/2024/08/Letter-to-HHS-re-WPATH.pdf
From the above-cited Congressional correspondence:
“The Biden Administration’s advocacy for expanding the pool of vulnerable children subjected to life-altering procedures they may later regret is reprehensible. Emails indicating that this advocacy was done for political advantage – possibly to satisfy extremist elements of itsbase – is even more outrageous.”
Lin,
Thank you for pointing out the politicization of the trans agenda and its madness. How many of these children, now maybe adults, were harmed under the Biden admin?
Bravo!!!!!!!!!!! I only wish the amount awarded were large enough to put the surgeon and psychologist out of business.
Bravo!!!!!!!!!!! I only wish the amount awarded were large enough to put the surgeon and psychologist out of business.
Why would anyone believe that their malpractice insurance doesn’t cover acts and omissions, and included within that, the costs of their legal representation and any damages awarded?
If anything, those in the medical profession dipping their toes into child sexual mutilation to provide foot soldiers for the Democrats’ Tranny Revolution, are going to see their medical insurance premiums go up.
They won’t lose their medical certifications.
And/or cause malpractice carriers to exclude gender surgery from coverage, which should get them out of the mutilation business.
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.
And alumni of medical schools should inform their schools that there will be no further donation of cash or assets until support for gender affirming care is removed from their medical school and residency curriculums and a disclaimer made that data supporting the practice, especially in children and adolescents, is inconclusive. I have.
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.
. Well said
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.
I don’t disagree that medical associations gave the cover. But they don’t have sovereign authority. Congress does. When professional bodies become ideologically captured, legislative oversight is supposed to intervene. It didn’t. That’s the failure I’m pointing to.
OLLY,
Does not help when we have certain states that pass laws to give cover and license to teachers and schools to interfere and get in between a child and their parents. These states, schools and teachers are pushing a harmful agenda.
Agreed Upstate. There are many layers of responsibility, but we rarely go high enough. Civil society gives Congress power to secure rights and set limits. Everyone below faces consequences. Political actors do not. Being voted out is a risk, not accountability. That ceiling is the problem.
Bravo!
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.
‘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.”
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.
Well said
Nothing restrains the sane from insane acts like the fear of consequences. Child mutilators take notice.