(FP) Benjamin Ryan–A Legal First That Could Change Gender Medicine

[Fox] Varian, who adopted the name Fox at 18 and is now 22, is one of thousands of minors who underwent gender-transition surgery over the past decade. And she is just one of the young people who have come to regret permanently addressing what was only a temporary identity shift.

Three years after her mastectomy, Varian stopped identifying as transgender and began a process known as detransitioning. In May 2023, she filed a medical malpractice lawsuit against the two principal Westchester County, New York, care providers who oversaw her gender transition: her longtime psychologist, Kenneth Einhorn, and Dr. Simon Chin, who performed the mastectomy.

On Friday, a jury in White Plains, New York, awarded Varian $2 million in damages. Varian’s case is the first malpractice suit from a detransitioner to go before a jury, and I was the only reporter to attend the entire three-week trial. Represented by personal-injury attorney Adam Deutsch, Varian said she had been injured by the defendants due to their deviation from standard practices and a lack of informed consent. While there are no guarantees in medical malpractice lawsuits, legal experts believe Varian’s victory could inspire a wave of similar cases that would significantly disrupt pediatric gender medicine.

The trial was anchored by emotional testimony from Varian and her mother, Claire Deacon. Varian testified that Einhorn served as an enabler, repeatedly assuring her that the mastectomy she desired would greatly improve her well-being. Deacon testified that Einhorn browbeat her into consenting to her daughter’s surgery, threatening that she would otherwise commit suicide. 

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Posted in Anthropology, Children, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Marriage & Family, Science & Technology, Sexuality, Teens / Youth