Overview
- A Westchester County jury found psychologist Kenneth Einhorn and plastic surgeon Simon H. Chin negligent for deviating from the standard of care in facilitating Fox Varian’s double mastectomy at age 16.
- Jurors cited failures to conduct adequate differential diagnosis, lapses in inter‑provider communication, and inadequate disclosure of risks and alternatives, concluding the process effectively fast‑tracked irreversible surgery.
- Varian’s mother testified she consented after warnings her child might die by suicide without surgery, a claim the defense disputed while arguing compliance with WPATH standards and noting reported self‑harm ideation.
- Damages totaled $2 million, including $1.6 million for past and future pain and suffering and $400,000 for future medical expenses, with the court record under seal and detailed reporting drawn from an attending independent journalist.
- Reporters and legal analysts describe the outcome as the first jury win for a detransitioner and note roughly two dozen to 28 similar lawsuits pending nationwide, with potential implications for insurers and clinical practices; the verdict does not constitute a ban on gender‑affirming care.