A jury in New York has returned a verdict against two healthcare workers who provided gender-affirming care to a minor, The New York Times reported Feb. 3.
The New York case
Filed in September 2023 in Westchester Supreme Court in White Plains, N.Y., the lawsuit, believed to be the first of its kind, centered on inadequate communication between a New York psychologist, Kenneth Einhorn, PhD, and plastic surgeon, Simon Chin, MD. Fox Varian, a 22-year-old who underwent a double mastectomy in 2019, accused the healthcare providers of deviating from the standard of care and failing to obtain adequate consent.
At age 15, Ms. Varian began questioning her gender and talked to her psychologist, who had been treating her for more than two years, about surgically transitioning to male, according to court documents. As an adolescent, Ms. Varian was diagnosed with depression, anxiety, social phobia, an eating disorder and autism.
Her psychologist, Dr. Einhorn, recommended hormone blockers, but Ms. Varian insisted on gender-affirming surgery.
Dr. Einhorn also advised Ms. Varian to seek additional counseling at an LGBTQ nonprofit, according to court documents. Ms. Varian’s attorney said she told a counselor at the nonprofit she was unsure of her gender identity, but the psychologist never followed up.
Ms. Varian underwent the double mastectomy about five months later. She later detransitioned, according to the lawsuit.
After a three-week trial, the jury on Jan. 30 awarded Ms. Varian $2 million in damages, according to the Times. Lawyers representing Dr. Einhorn and Dr. Chin declined the Times‘ request for comment.
National trends in gender-affirming care
Four days after the verdict, the American Society of Plastic Surgeons published a position statement on gender-affirming surgeries for minors. The organization “recommends that surgeons delay gender-related breast/chest, genital and facial surgery until a patient is at least 19 years old,” the statement said.
A majority of U.S. healthcare organizations, including the American Medical Association and American Academy of Pediatrics, support transition-related care for minors with gender dysphoria.
The American Society of Plastic Surgeons is the first major medical association to shift its guidance on gender transition surgery for pediatric patients. In 2024, the society said it was reviewing evidence-based practices and had not endorsed any practice recommendations.
The American Society of Plastic Surgeons’ new position aligns with a strained environment across the U.S. The federal government has increased scrutiny on healthcare organizations for providing gender-affirming care to minors, including potentially limiting reimbursements to hospitals and requesting patient information on minors who received gender-affirming care.
Health systems, in turn, have increasingly halted or reduced gender-affirming care, particularly surgeries, to pediatric patients. In August, 16 states and Washington, D.C., filed a lawsuit against the federal government, alleging it has illegally blocked necessary medical care for transgender minors. That case is ongoing.
At the Becker's 11th Annual IT + Revenue Cycle Conference: The Future of AI & Digital Health, taking place September 14–17 in Chicago, healthcare executives and digital leaders from across the country will come together to explore how AI, interoperability, cybersecurity, and revenue cycle innovation are transforming care delivery, strengthening financial performance, and driving the next era of digital health. Apply for complimentary registration now.
