Westchester County jury finds psychologist and surgeon liable for rushing minor into irreversible surgery.
A Westchester County Supreme Court jury has awarded $2 million to Fox Varian, a 22-year-old woman who underwent a double mastectomy at age 16 while identifying as male. This verdict marks the first time a U.S. jury has held medical providers liable for malpractice related to gender-related surgery on a minor. The jury found psychologist Kenneth Einhorn and surgeon Simon Chin failed to meet the standard of care by rushing the procedure without adequate psychological screening or communication. Varian, who has since detransitioned, alleged the providers ignored her underlying mental health conditions, including autism and depression. The award includes $1.6 million for pain and suffering and $400,000 for future medical expenses. This decision establishes a legal precedent for detransitioner lawsuits and medical liability in adolescent care. Defendants do have the opportunity for appeal.
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