The trial will determine liability for medical providers accused of malpractice in a gender dysphoria treatment involving surgery on a 16-year-old patient.
WHITE PLAINS, N.Y.—A civil trial is starting in New York on Jan. 12 to determine liability for health care practitioners who recommended and performed a mastectomy on a 16-year-old transgender-identifying girl.
The case was brought by Fox Varian, who underwent the mastectomy, also known as “top surgery,” as treatment for gender dysphoria in 2019. Regretting the surgery, Varian has alleged that her therapist, Dr. Kenneth Einhorn, and surgeon Dr. Simon Chin were “negligent” because they did not fully inform her of the risks or alternatives to such an intervention.
Now, Varian is seeking damages in state court from both those doctors and their employers, over alleged malpractice. Among other things, Varian said she experiences ongoing pain, has post-traumatic stress disorders, and requires corrective surgery.
“[Varian] currently has days in bed due to depression and anxiety that are ongoing,” states her lawsuit, which was filed in 2023.
The trial is expected to last two to three weeks and will determine whether Varian’s providers are liable for the issues she alleges.
The defendants denied responsibility in a court filing, saying any damages “were caused by the culpable conduct, wrongdoing, negligence, lack of care, breaches, omissions, and failure to act of third parties … over whom defendant has no control and for whom defendant bears no legal responsibility.”
Varian’s attorneys argued that Einhorn was negligent because he did not adequately address her “pre-existing psychological and cognitive conditions,” and misdiagnosed her with gender dysphoria.
They also dispute the facts of the case.
Varian said Einhorn did not discuss hormone therapy as an alternative, but according to a court filing, Einhorn said he recommended the therapy, and she refused. He also said she insisted on the surgery, threatening to harm herself if she didn’t receive it.
Chin also told the court he warned her about risks, saying “there was a risk that the nipple could die, be necrotic and fall off, temporary drains would be inserted, and tight bandages would be applied,” the filing said. Allegedly, she was happy with the surgery at first—despite the need for some corrective procedures.
Both sides have produced affidavits by medical experts in support of their legal positions, and expert witnesses are expected to testify.
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