The Western Journal

Detransitioner Wins Multi-Million Dollar Medical Malpractice Case That Could Lead to the End of So-Called ‘Gender Affirming Care’

Fox Varian, who later detransitioned and no longer identifies as male, won a $2 million verdict in Westchester County Supreme Court after suing a psychologist and a surgeon who performed a double mastectomy when she was 16. The jury found psychologist Kenneth Einhorn and surgeon Simon Chin ignored standards of care and unduly pressured Varian and her family into the irreversible procedure; $1.6 million was awarded for past and future pain and suffering and $400,000 for medical expenses. Varian’s lawyers said Einhorn “drove the train,” persuading her that surgery would solve her distress; her mother testified she opposed the operation but agreed out of fear Varian might kill herself. einhorn and Chin’s lawyers argued Varian had been content with the surgery for four years before filing suit.Commentators and social media supporters hailed the verdict as the first detransitioner malpractice trial win and suggested it could have broader effects on litigation and the practise of gender‑affirming care for minors.


When Fox Varian thought she was a boy, the answer a psychologist and surgeon gave her was a double mastectomy.

Now, years later, she made history by winning a $2 million verdict against the doctor and psychologist in what National Review noted was the first gender “detransitioner” medical malpractice case that went to trial.

The award covers $1.6 million for past and future pain and suffering. Varian, who no longer considers herself a male, received $400,000 medical expenses that will be forthcoming.

The Westchester County Supreme Court case ruled that psychologist Kenneth Einhorn and surgeon Simon Chin ignored standards of care and procedural issues as the teen was pressured into the surgery, which was allegedly to address gender dysphoria, according to the New York Post.

Varian’s attorneys said Einhorn “drove the train” and was responsible for “putting the idea in Fox’s head” that surgery would solve her problems.

Varian’s mother, Claire Deacon, said she opposed the surgery, but gave in out of fear her daughter would kill herself.

“This man was just so emphatic, and pushing and pushing, that I felt like there was no good decision,” Deacon said.

“I think it was a scare tactic. I don’t believe it was malice, I think he believed what he was saying — but he was very, very wrong.”

After the surgery, Varian was both physically ill and deeply unhappy,

Lawyers for Einhorn and Chin claimed Varian was content with the surgery for four years between the operation and the filing of the lawsuit.

Inb writing for National Review, Wesley J. Smith called the verdict “an important development in the great cause of protecting gender-confused minors from being subjected to irreversible procedures from which they can never be made whole.”

Smith that if trial lawyers “smell money in the water, they will sue the ‘gender-affirming’ care industry into the ground just as they do other business sectors with deep pockets.”

Smith wrote that he believed the “threat of major malpractice verdicts and a consequential inability to obtain liability insurance against such cases” would eventually “cause the gender ideological medical sector’s deeply-to-be-desired demise.”

“May Varian’s legal victory open the litigation floodgates!” he wrote.




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