- Feb 5, 2002
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In what may be the first of many such cases, a New York jury awarded millions to a woman “who no longer thinks of herself as a male” who underwent a double mastectomy six years ago at age 16.
A Westchester County, New York, jury awarded $2 million to Fox Varian, a woman who “no longer thinks of herself as a male” who underwent a double mastectomy six years ago at age 16 in what is believed to be the first U.S. malpractice case of its kind to reach a trial verdict.
The jury found a psychologist and a plastic surgeon liable for medical malpractice in performing and supporting the 2019 breast removal surgery on Varian in order to treat gender dysphoria. The award includes $1.6 million for past and future pain and suffering and $400,000 for future medical expenses, according to the Epoch Times.
Varian’s lawyers said she no longer thinks of herself as a male and said she sued claiming psychologist Kenneth Einhorn and surgeon Simon Chin failed to meet the standard of care through inadequate psychological evaluation, poor communication between the professionals, and insufficient screening before proceeding with the irreversible procedure.
The case centered on whether the medical team properly assessed her mental health and readiness for “gender-affirming surgery,” marking a significant development in the growing number of such lawsuits in the U.S.
Continued below.
A Westchester County, New York, jury awarded $2 million to Fox Varian, a woman who “no longer thinks of herself as a male” who underwent a double mastectomy six years ago at age 16 in what is believed to be the first U.S. malpractice case of its kind to reach a trial verdict.
The jury found a psychologist and a plastic surgeon liable for medical malpractice in performing and supporting the 2019 breast removal surgery on Varian in order to treat gender dysphoria. The award includes $1.6 million for past and future pain and suffering and $400,000 for future medical expenses, according to the Epoch Times.
Varian’s lawyers said she no longer thinks of herself as a male and said she sued claiming psychologist Kenneth Einhorn and surgeon Simon Chin failed to meet the standard of care through inadequate psychological evaluation, poor communication between the professionals, and insufficient screening before proceeding with the irreversible procedure.
The case centered on whether the medical team properly assessed her mental health and readiness for “gender-affirming surgery,” marking a significant development in the growing number of such lawsuits in the U.S.
Continued below.
