Fox Varian won $2 million after suing two medical professionals for malpractice. 

In a landmark lawsuit, Fox Varian was awarded $2 million by a jury after suing two medical professionals for malpractice in connection with a sex change procedure performed on her when she was a minor. 

The 22-year-old woman sued a psychologist and a plastic surgeon for performing a double mastectomy on her in 2019. At the time, Varian was a transgender-identifying 16-year-old. The operation occurred in New York. 

Varian no longer identifies as transgender, and is the first detransitioner to win a civil medical malpractice trial. 

The awarded amount includes $1.6 million for the suffering she endured as a result of the operation, and an additional $400,000 to cover her future medical expenses. 

Varian’s attorney originally asked for $8 million. 

Varian’s case was filed in the New York Supreme Court against New-York based clinical psychologist Kenneth Einhorn and plastic surgeon Simon H. Chin. 

The jury concluded that Einhorn’s and Chin’s conduct leading up to Varian’s double mastectomy marked a “departure from the standard of care”. 

During the trial, Varian’s mother, Claire Deacon, testified that she was opposed to the surgery. She said she consented because she was afraid that her daughter would commit suicide without the procedure. Deacon told the court that Einhorn increased that fear, while defense attorneys claimed that Varian had made similar threats on multiple occasions. Einhorn denied telling Varian’s mother that she might commit suicide. 

On Tuesday, the American Society of Plastic Surgeons became the first major medical association to change its guidance on gender transition surgeries for minors. The organization issued a statement to its members, recommending that gender-related chest, genital, and facial surgeries not be performed until a patient is at least 19 years old. 

“This was never a debate over the legitimacy of gender-affirming care. It was about whether medical professionals met the standards that covered their own profession,” said Adam Deutsch, Varian’s lawyer. 

Einhorn had treated Varian for more than two years, but had no formal training in transgender care. In court documents, he indicated that he had first suggested hormone blockers to Varian, but she had insisted on surgery. Nine months after she decided to transition, Einhorn referred her to a plastic surgeon.

In the referral letter, Einhorn described Varian’s diagnosis as body dysmorphia, not gender dysphoria. This error was pivotal in the jury’s decision in Varian’s favor. 

The jury’s decision could impact future court cases for detransitioners that underwent permanent procedures while still minors.