Fenway Community Health has claimed Federal protection and immunity from litigation for the misdiagnosis and injury caused to the de-transitioner July Carlan, known as “Shape-Shifter.” The Federal Tort Claims Act (FTCA) provides nationwide malpractice insurance for qualified health centers. Health center employees are considered government employees, and any malpractice lawsuit must be filed against the United States government.

The protection for healthcare providers is intended to allow them to treat patients without fear that a mistake will lead to devastating financial consequences. The implications of providing this blanket protection for clinics that offer gender-affirming care is a major concern for those seeking care for mental health issues. Not all clinics that provide gender-affirming care are FTCA-protected, but many of them offer low-cost services to patients.

The complaint filed on behalf of “Shape-Shifter” makes a compelling case of not only alleged negligence but a profiteering scheme on the backs of vulnerable patients seeking help. The lawsuit alleges that Fenway Health “willfully abandoned established, evidence-based, generally accepted clinical guidelines in providing transgender health care as a matter of policy, and in treatment of Plaintiff.”

The lawsuit further states that abandoning the clinical guidelines for care has no scientific justification and instead is driven by “market forces” to “increase the number of transgender patients.”

The actual diagnosis for the patient is “internalized homophobia” rather than the diagnosis of “gender dysphoria.” Internalized homophobia is self-loathing that comes as a result of societal and familial shame for being attracted to the same sex. The suit states that Fenway Health knowingly abandoned clinical guidelines and gatekeeping standards that are intended to protect the patient from harm. That is also synonymous with the Hippocratic oath doctors take to “do no harm.” The alleged intention to abandon these clinical standards caused a failure to uncover the true diagnosis of internalized homophobia.

Shape-Shifter exhibited several psychological conditions, including “depression, anxiety, compulsiveness, high-risk sexual behavior, emotional volatility, and unstable identity.” While these symptoms were listed in his medical records, the potential diagnosis of internalized homophobia was never considered. The lawsuit further alleges, “Defendant de facto converted a gay man to transgender because it viewed all psychological ailments through the transgender lens and failed to make a differential diagnosis.”

The lawyers for the plaintiff were aware that Fenway Health has federal protections under the FTCA but brought this suit under the nondiscrimination clause of the Affordable Care Act. It states that an individual shall not be excluded from or denied benefits if the health program receives federal funding. The plaintiff’s lawyers determined that Fenway Health excluded Shape-Shifter from proper clinical practice, diagnosis, and necessary gatekeeping.

Despite this, the defense has pointed to Hui v. Castaneda (2010) that stated “section 233’s immunity is ‘absolute’ and ‘bar[s] all actions against’ that arise from ‘the performance of medical or related functions.'” The motion to dismiss alludes to Fenway Health’s protections from liability in malpractice litigation started in 2010. This is when the Affordable Care Act “expanded eligibility for FSHCAA liability protections to employees, officers, board members and contractors of qualifying free clinics.”

In other places around the country, clinics that offer gender-affirming care are being priced out of the market due to higher medical malpractice insurance premiums. Insurance companies have refined measures for measuring risk as it is the only way to make money and stay competitive in the market reliably. When insurance companies start to deny medical malpractice insurance to health clinics or give extremely high quotes, that is a reliable indicator of the risk associated with these procedures.

While the alleged malpractice in the case of Shape-Shifter involved an adult male, there is an increased concern about the harm being caused to children who are misdiagnosed and provided harmful, unnecessary treatment. A long-term study published in 2021 found that 87.8% of pre-adolescent boys with gender dysphoria desisted by the time they reached an average age of 20.58 years old. This data indicates that the vast majority of people with gender dysphoria will grow out of it when they reach adulthood.

Health clinics that capitalize on high-dollar treatments should be accountable. The main way to hold them to account is the ability to litigate in court if misdiagnosis and harm is done to the patient. Many clinics are struggling to find affordable malpractice insurance that covers these treatments. However, many clinics have still been granted immunity from litigation by the United States government. Some of these clinics include Fenway Health, Callen-Lorde, Los Angeles LGBT Center, Crescent Care, Shawnee Health, and Santa Rosa Community Health. Anyone obtaining healthcare from these institutions will have to face the United States government in court in order to hold clinics responsible for negligent diagnoses and treatments.

 

Steven Middendorp

Steven Middendorp is an investigative journalist, musician, and teacher. He has been a freelance writer and journalist for over 20 years. More recently, he has focused on issues dealing with corruption and negligence in the judicial system. He is a homesteading hobby farmer who encourages people to grow their own food, eat locally, and care for the land that provides sustenance to the community.

Other Headlines

Coronavirus

Fauci Pressured CDC Director Walensky to Override ACIP on COVID Boosters, Diary Shows

Dr. Anthony Fauci pressured CDC Director Rochelle Walensky to override an ACIP booster recommendation in 2021 despite her reservations. This was revealed in Fauci’s diary entries as part of a 1,141-page PDF released by Senator Rand Paul. On September 23, 2021, Dr. Fauci wrote in his diary that it was a “very eventful day” becauseContinue reading Fauci Pressured CDC Director Walensky to Override ACIP on COVID Boosters, Diary Shows

More news about Coronavirus

Health & Nutrition

HHS Urges States to End Medicaid Coverage for Mercury Amalgam Fillings; 43 Countries Already Ban Them

HHS and the Centers for Medicare and Medicaid Services (CMS) announced an effort to encourage states Medicaid directors to phase out coverage of mercury-containing dental amalgam fillings out of concern for detrimental health effects, especially for pregnant women and their babies, women trying to become pregnant, children under the age of six, people with neurologicalContinue reading HHS Urges States to End Medicaid Coverage for Mercury Amalgam Fillings; 43 Countries Already Ban Them

More news about Health & Nutrition

Vaccines

Fauci Pressured CDC Director Walensky to Override ACIP on COVID Boosters, Diary Shows

Dr. Anthony Fauci pressured CDC Director Rochelle Walensky to override an ACIP booster recommendation in 2021 despite her reservations. This was revealed in Fauci’s diary entries as part of a 1,141-page PDF released by Senator Rand Paul. On September 23, 2021, Dr. Fauci wrote in his diary that it was a “very eventful day” becauseContinue reading Fauci Pressured CDC Director Walensky to Override ACIP on COVID Boosters, Diary Shows

More news about Vaccines

Science & Tech

Brain-Dead Man Receives Three Organs From Genetically Modified Pig

A study published in May 2026 reveals the first experiment in which a clinically dead man received two kidneys and a liver transplanted from a genetically modified pig. This is the first time multiple organs from a GM pig have been transplanted into a single person. Surgeons at the Second Affiliated Hospital of Guangxi MedicalContinue reading Brain-Dead Man Receives Three Organs From Genetically Modified Pig

More news about Science & Tech

Environment

Petitioners Urge General Mills To Reject GMO Glufosinate-Resistant HB4 Wheat

23,000 consumers have signed a Friends of the Earth petition urging General Mills and other major food companies to publicly reject a newly approved strain of genetically engineered (GMO) wheat that is resistant to the herbicide glufosinate ammonium. The European Union banned the use of glufosinate in 2018 due to reproductive toxicity risks. HB4 wheat,Continue reading Petitioners Urge General Mills To Reject GMO Glufosinate-Resistant HB4 Wheat

More news about Environment

Policy

Fauci Pressured CDC Director Walensky to Override ACIP on COVID Boosters, Diary Shows

Dr. Anthony Fauci pressured CDC Director Rochelle Walensky to override an ACIP booster recommendation in 2021 despite her reservations. This was revealed in Fauci’s diary entries as part of a 1,141-page PDF released by Senator Rand Paul. On September 23, 2021, Dr. Fauci wrote in his diary that it was a “very eventful day” becauseContinue reading Fauci Pressured CDC Director Walensky to Override ACIP on COVID Boosters, Diary Shows

More news about Policy