A 22-year-old woman has secured a $2 million malpractice judgment against two medical providers who performed a double mastectomy on her at age 16. The jury ruled that the doctors failed to properly assess her mental health before approving the irreversible surgery. This verdict is poised to influence broader discussions on gender-affirming care.
In a significant ruling, Fox Varian, now 22, prevailed in a malpractice lawsuit against psychologist Kenneth Einhorn and plastic surgeon Simon Chin, based in Westchester, New York. The events trace back to 2019, when Varian, then 16, sought treatment for mental health challenges that prompted her to identify as a transgender boy. Referred to Einhorn and Chin, she underwent a double mastectomy shortly thereafter.
The jury determined that the providers neglected to explore alternative explanations for Varian's condition, such as depression, ADHD, autism, or body dysmorphia. Instead, they proceeded hastily with the surgery, which the court deemed irreversible and inadequately vetted. This oversight formed the basis of the liability finding.
Varian received approximately $1.6 million to cover past and future suffering, plus $400,000 for ongoing medical expenses. Legal experts anticipate this case will resonate in public policy debates surrounding gender-affirming procedures for minors, potentially setting precedents for thorough psychological evaluations in such treatments.
The decision underscores ongoing tensions in medical practices related to transgender youth care, highlighting the need for comprehensive assessments to distinguish gender dysphoria from other mental health issues. While the providers have not commented publicly on the verdict, it marks a rare instance of accountability in this contentious field.
