Jury Awards $2 Million to Detransitioner in Westchester Malpractice Case

A Westchester County jury awarded Fox Varian $2 million after finding clinical psychologist Kenneth Einhorn and plastic surgeon Simon H. Chin liable for malpractice in connection with a 2019 double mastectomy performed when she was 16, according to court records.

Varian filed Varian v. Einhorn in 2023 alleging the providers misdiagnosed and improperly treated her for gender dysphoria and departed from the standard of care before the operation, the complaint shows.

The defendants denied wrongdoing, and during trial their attorneys said Varian had participated in treatment decisions and did not express regret about the surgery until years later, according to trial testimony.

Independent reporter Benjamin Ryan, who attended the three-week trial, said he has identified 28 detransitioner lawsuits and reported Varian's case was the first to reach trial and win a judgment.

National Review and other commentators noted the verdict applies only to Varian's individual claim and does not establish a broader legal rule for gender-affirming care for minors, leaving further lawsuits and policy debates likely.