First Detransitioner Medical Malpractice Trial Results In $2 Million Verdict Against Psychologist, Surgeon

A 22-year-old detransitioner has won a $2 million verdict in the first medical malpractice lawsuit in the country that went to trial. The psychologist and surgeon were both found liable in the case where plaintiff Fox Varian received a double mastectomy when she was 16 years old. The jury in the federal New York trial awarded Varian $1.6 million for past and future pain and suffering, along with $400,000 for future medical expenses. The trial documents are under seal. There are currently 28 detransitioner active lawsuits across the country.

While the Trump administration has been taking steps to dismantle what it calls “chemical and surgical mutilation” against children, the jurors in this case only considered whether the medical team followed the standards of care before proceeding with the surgery on the female plaintiff, who was a minor at the time her breasts were removed. 

Lawyers for Varian pointed the finger at Einhorn, saying he “drove the train” and was “putting the idea in Fox’s head” that she needed to change her gender with surgery, according to the report. Claire Deacon, Varian’s mother, said she was not onboard with the procedure at the time, but was pressured by Psychologist Kenneth Einhorn, who insisted that her daughter would commit suicide or severely harm herself if they didn’t proceed with the surgery. 

Deacon said she believes Einhorn was using potential self-harm as a scare tactic, but doesn’t believe he did so out of malice. The Epoch Times reported on the court documents before they were sealed. Varian argued that the top surgery caused her to feel physically ill and deeply unhappy. The defendants – Einhorn and Surgeon Simon Chin – argued that Varian was happy living as a boy for years after the 2019 surgery until she filed the suit in 2023. Varian reportedly identified as non-binary at the time while choosing male pronouns and presented as a boy during consultations.

Pamela Garfield-Jaeger, a licensed therapist in California, wrote an article titled “The Emotional Blackmail of Gender Affirming Care” in which she describes a common question posed by GAC practitioners and advocates – “Would you rather have a living son than a dead daughter,” or a similar variation. She explains that the underlying studies often cited when this question is posed don’t actually prove causality. There is research with small sample sizes that shows LGBTQIA+ individuals have higher rates of suicidal thoughts, but Garfield-Jaeger says these studies have not proven causality. The underlying suicidal thoughts could be a result of other mental health issues rather than a lack of affirmation.

That was also one key argument from Varian’s lawyers – that the medical team did not adequately diagnose whether the 16-year-old had other psychological conditions that could be contributing to her distress. She reportedly had anorexia, body dysmorphia, and autism, among other conditions, which can have overlapping symptoms with gender dysphoria. Garfield-Jaeger explains that there is sometimes a “euphoria” that comes after medication or surgery, but the initial mental anguish still persists after the euphoria wears off. She said it can take seven to eight years before an individual realizes that the mental condition has not improved as a result of the treatment. 

In New York, the statute of limitations for medical malpractice is two years and six months, but the clock doesn’t start until the would-be plaintiff is 18 years old. The detransitioner case in California against Johanna Olson-Kennedy, one of the most well-known physicians specializing in pediatric gender dysphoria, was dismissed for being outside the three-year statute of limitations.

On February 11, the Texas Supreme Court will hear an appeal regarding when the strict two-year statute of limitations begins. Soren Aldaco sued her former therapist for issuing a recommendation letter that preceded her double mastectomy surgery at the age of 19. Aldaco is arguing that the time clock begins at the time of the surgery because the therapist had the ability to revoke the recommendation at any time, which would have prevented the irreversible damage she experienced as a result of the surgery.

“The therapist had asked me what to put in the letter instead of the letter coming from her evaluatory expertise as a clinician, which is what the purpose of the letter actually is,” Aldaco said. “It appeared as if she was trying to do whatever she could to just get me what I wanted. Unfortunately, in this area of medicine, there’s this whole system of therapists who will recommend what you want for free, without following any sort of process.”

HHS published a 400-page report in May and a peer-reviewed report in November that discredits the “gender affirming” model of caring for adolescents and pre-teens who experience gender dysphoria or gender incongruence. The report also references the Cass Report, which came to the same conclusion and has led to the banning of surgeries and puberty blockers for minors in the United Kingdom. Finland, Sweden, Norway, and Denmark have all severely restricted access to these procedures for minors outside of research and instead promote therapeutic counseling as the preferred treatment.

The Centers for Medicare and Medicaid Services (CMS) has proposed a rule that will bar providers from giving “affirming” treatments to minors if it becomes a final rule. The public commenting period ends this month. Some states have banned the procedures, but clinics and hospitals in other states have also shut down their pediatric gender affirming care practice amid pressure from the Trump administration.