Court Awards Detransitioner $2 Million in Medical Malpractice Suit

A jury in New York granted a $2 million judgment last week to a woman who sued her psychologist and surgeon for malpractice over a gender transition surgery she received as a minor.

The Lawsuit: 22-year-old Fox Varian, who previously identified as non-binary and as a boy, underwent a double mastectomy at the age of 16 after her psychologist approved the procedure and her surgeon performed it. Varian later decided to detransition, identifying as a girl again, and claiming harm from the medical interventions. The civil suit in Westchester County court awarded Varian $1.6 million for past and future suffering related to the transition surgery she received as a minor, along with $400,000 for future medical expenses. 

The Jury's Decision: The 6-member jury panel found that psychologist Kenneth Einhorn and surgeon Simon Chin disregarded "standards of care and procedural guardrails by pressuring [Varian] into addressing gender dysphoria with permanent surgery." Varian's mother also testified, saying, "I was scared out of my wits by the things that Dr. Einhorn was so confident in repeatedly telling me and my daughter," explaining that she was afraid her daughter would commit suicide if she did not agree to Dr. Einhorn's treatment suggestions.

For Context: This medical malpractice lawsuit marked the first of its kind, and Varian's attorneys believe that her win in court "is a harbinger of things to come." Benjamin Ryan, writing for The Free Press (Lean Right bias), called the victory for Varian "A legal first that could change gender medicine," and posted on X a spreadsheet listing 28 other "detransitioner lawsuits." The Supreme Court in June also decided to uphold a Tennessee law preventing transgender minors from accessing gender affirming care, including hormone therapy and puberty blockers.

Key Quote: Varian testified, saying, "It's so hard to face that you are disfigured for life," telling the jury, "No amount of reconstruction is ever going to bring back what I lost."

Lack of Coverage From The Left: At the time of writing, there was no coverage from outlets on the left. 

How Others Covered It: Outlets on the right widely covered the ruling, with some, like the New York Post (Lean Right), highlighting the "gruesome, unnecessary" procedure Varian underwent, saying "to end transgender madness, make the ghouls who pushed these surgeries pay the price."  Others, like Fox News (Right), framed the coverage around the "landmark" nature of the ruling, calling it a "good start, but 'not nearly enough.'" Washington Times (Lean Right) said, "the ruling delivered an undeniable blow to an industry already reeling from the Trump administration's crackdown on 'gender-affirming care' for minors." National Review (Lean Right) said "the dam just broke on transgender medical malpractice lawsuits" and asked, "Where's the coverage," saying "those who tune in only to mainstream media will have been left in the dark." UnHerd (Center) highlighted the trial victory, saying it "is only the beginning."  

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