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 was treated as a boy as a teen and underwent a double mastectomy, won a $2 million medical malpractice verdict against psychologist Kenneth Einhorn and surgeon Simon Chin. The Westchester County Supreme Court found the clinicians ignored standards of care and pressured the minor into irreversible surgery; the award includes $1.6 million for past and future pain and suffering and $400,000 for medical expenses. Varian’s lawyers said Einhorn “drove the train” by suggesting surgery would solve her problems; her mother testified she opposed the operation but felt coerced by warnings that Varian might die by suicide. Einhorn and Chin countered that Varian appeared content with the surgery for four years before filing suit. Commentators and detransitioner advocates framed the ruling as a landmark decision that could spur further malpractice litigation over 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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