WHITE PLAINS, N.Y. – A Westchester County jury has awarded $2 million in damages from White Plains Center for Plastic & Reconstructive Surgery to 22-year-old Fox Varian in what legal experts are calling a landmark medical malpractice case that could reshape the landscape of gender-affirming care in the United States. The verdict, delivered January 30, marks the first successful lawsuit by a detransitioner against medical providers for gender transition procedures performed on a minor.
Varian, who identified as transgender during her teenage years, underwent a double mastectomy procedure in 2019 at age 16. Five years after the surgery, she no longer identifies as male and has become what legal experts term a "detransitioner." The three-week civil trial in Westchester County Supreme Court concluded with jurors holding psychologist Dr. Kenneth Einhorn and surgeon Dr. Simon Chin liable for medical malpractice.
The jury was presented evidence that the medical professionals failed to follow proper evaluation protocols before proceeding with the irreversible surgery. According to court testimony, Dr. Einhorn and Dr. Chin "skipped important steps" in assessing whether the teenager should undergo the procedure and demonstrated inadequate communication between themselves, constituting what the jury determined as a "departure from the standard of care."
Varian's mother, Claire Deacon, testified that she had initially opposed the surgery but ultimately consented out of fear that her daughter might commit suicide if denied the procedure. Deacon testified that Dr. Einhorn amplified these concerns during therapy sessions.
The defense attorneys countered that Varian had initiated many gender identity decisions independently, including requesting pronoun changes and expressing suicidal thoughts on multiple occasions unrelated to medical advice. They argued the teenager's own requests, rather than medical influence, drove the decision-making process.
Jurors awarded Varian $1.6 million for past and future pain and suffering and an additional $400,000 for future medical expenses related to complications from the surgery.
Legal experts note this case represents a significant development in gender medicine litigation. "This is the first gender detransitioner medical practice case to go to trial and result in a verdict against medical professionals," explained attorney Josh Payne of Campbell Miller Payne PLLC, a Texas-based law firm founded specifically to represent detransitioners. Though not directly involved in Varian's case, Payne observed the trial, noting, "A jury of everyday Americans sent a clear message: justice will be served for vulnerable individuals who were misled into gender-transition procedures without appropriate safeguards."
The verdict emerges amid growing concern about rapidly rising numbers of minors seeking gender transition procedures and the development of specialized legal practices focused exclusively on representing detransitioners. Medical liability experts suggest this case may establish important precedents regarding the standard of care for minors seeking irreversible gender procedures and proper mental health evaluation protocols.
Medical professionals involved in gender-affirming care are now carefully reviewing consent procedures and evaluation standards following this precedent-setting verdict. As one legal analyst noted, "This case highlights the complex challenges healthcare providers face when balancing patient autonomy with appropriate medical standards for vulnerable minors seeking life-altering procedures."
The success of this lawsuit is expected to spur additional legal actions nationwide, with Campbell Miller Payne confirming multiple similar cases are already in their litigation pipeline. For now, Varian's case stands as a cautionary tale about the potential legal consequences of inadequate medical evaluation in gender-affirming care for minors.
