The First Domino Falls: Detransitioner Prevails in Historic Medical Malpractice Case
Feb 12, 2026 by FACT
A detransitioner just made history by going to trial and winning a medical malpractice lawsuit against practitioners who enabled and performed a destructive “gender affirming care” surgery on her when she was still a minor. This case may prove to be the first domino, with at least 27 similar lawsuits already filed and moving through the courts.
Fox Varian, now 22, was awarded $2 million in damages by a New York jury after suing her former psychologist, Kenneth Einhorn, and plastic surgeon, Simon Chin, both of whom were found guilty of medical malpractice. The $2 million in damages was divided between Einhorn and Chin, with 70% of the blame assigned to Einhorn ($1.6 million in damages) and 30% to Chin ($400,000 in damages).
The Washington Stand reported:
At the heart of the case lies immense medical neglect and abuse on the part of Einhorn and Chin. Einhorn’s referral letter to Chin recommending the surgery was only three paragraphs long, used improper terminology, and left off critical details about Varian’s mental health. Varian’s lawyer argued that both practitioners failed to inform Varian and her mother that “the surgery might not meet expectations, might not address psychological struggles, and might induce regret.”
The jurors heard several testimonies from industry experts, including one from Dr. Loren Schechter, president-elect of the World Professional Organization for Transgender Health (WPATH), who admitted the standard of care administered to Varian was subpar.
“I looked at this case really hoping — and even with an expectation that there would be enough — to support Dr. Chin’s care. And I couldn’t do that,” Schechter noted, explaining that the psychologist failed to realize that “surgery in and of itself is not a treatment or a mechanism to prevent suicide.”
Varian and her mother, Claire Deacon, noted that Einhorn repeatedly used the threat of suicide to convince Deacon to sign the necessary consent forms, though Einhorn denied the claims.
“I was scared out of my wits by the things that Dr. Einhorn was so confident in repeatedly telling me and my daughter,” Deacon testified. “Without Dr. Einhorn repeatedly, emphatically, consistently pushing me, telling me that this was going to, quote, ‘cure’ my daughter, make everything better in her life, I would never have made that decision.”
Varian shared that she immediately regretted the surgery – her mental health plummeted, leading to self-harm.
“I was 16. And I was really, really mentally ill, obviously,” Varian testified. “I obviously wasn’t mature enough to make the decision to have surgery. And I certainly wasn’t mature enough to handle the aftermath. … It’s so hard to face that you are disfigured for life,” she mourned. “No amount of reconstruction is ever going to bring back what I lost.”
Unfortunately, Varian’s story is not unique. This medical abuse has been perpetrated on thousands of minors across the nation, many of whom will struggle with lifelong health battles due to the experimental procedures marketed to them and their parents as a “cure-all” for their gender dysphoria.
That’s why Tennessee fought and won the battle to protect all children within our state from dangerous “gender affirming care” procedures. As FACT argued in a brief submitted to the US Supreme Court in US v. Skrmetti, states not only have a right to protect children from such procedures, they have an obligation to do so. If New York had safeguards in place to shield children from this medical abuse, Varian wouldn’t have to deal with the lifelong ramifications of what two doctors conspired to do to her.
“They had every opportunity to slow this down, to do the work, to follow the standards, to say ‘Not yet,’ to ask questions, to explore,” Varian’s lawyer argued. “And instead, they did nothing. They abandoned all of the guardrails and then tried to sell to you that no guardrails exist. And a vulnerable child paid the price.”
We are thankful Tennessee children are protected from the dangers of “gender affirming care,” but we pray that soon all children in this nation would be afforded that same protection.
Fox Varian, now 22, was awarded $2 million in damages by a New York jury after suing her former psychologist, Kenneth Einhorn, and plastic surgeon, Simon Chin, both of whom were found guilty of medical malpractice. The $2 million in damages was divided between Einhorn and Chin, with 70% of the blame assigned to Einhorn ($1.6 million in damages) and 30% to Chin ($400,000 in damages).
The Washington Stand reported:
The jurors heard the tragic tale of a 15-year-old girl who began to question her female identity during sessions with Einhorn, her psychologist. She changed her name from Isabella to Gabriel, then again to Rowan, as she cut her hair short, began binding her breasts, and told people she was transgender. This all happened in the space of two months. And, only 11 months after this social transition began, Varian received a double mastectomy in December 2019 at the age of 16.
Einhorn ushered Varian through this rapid transition process despite a collage of underlying mental health struggles stemming from deeply personal rifts. Her parents separated when Varian was seven, and a three-year custody battle left her estranged from her father. Varian suffered from depression, anxiety, social phobia, an eating disorder, and body-image issues. She was also diagnosed with autism and transferred schools frequently.
Einhorn ushered Varian through this rapid transition process despite a collage of underlying mental health struggles stemming from deeply personal rifts. Her parents separated when Varian was seven, and a three-year custody battle left her estranged from her father. Varian suffered from depression, anxiety, social phobia, an eating disorder, and body-image issues. She was also diagnosed with autism and transferred schools frequently.
At the heart of the case lies immense medical neglect and abuse on the part of Einhorn and Chin. Einhorn’s referral letter to Chin recommending the surgery was only three paragraphs long, used improper terminology, and left off critical details about Varian’s mental health. Varian’s lawyer argued that both practitioners failed to inform Varian and her mother that “the surgery might not meet expectations, might not address psychological struggles, and might induce regret.”
The jurors heard several testimonies from industry experts, including one from Dr. Loren Schechter, president-elect of the World Professional Organization for Transgender Health (WPATH), who admitted the standard of care administered to Varian was subpar.
“I looked at this case really hoping — and even with an expectation that there would be enough — to support Dr. Chin’s care. And I couldn’t do that,” Schechter noted, explaining that the psychologist failed to realize that “surgery in and of itself is not a treatment or a mechanism to prevent suicide.”
Varian and her mother, Claire Deacon, noted that Einhorn repeatedly used the threat of suicide to convince Deacon to sign the necessary consent forms, though Einhorn denied the claims.
“I was scared out of my wits by the things that Dr. Einhorn was so confident in repeatedly telling me and my daughter,” Deacon testified. “Without Dr. Einhorn repeatedly, emphatically, consistently pushing me, telling me that this was going to, quote, ‘cure’ my daughter, make everything better in her life, I would never have made that decision.”
Varian shared that she immediately regretted the surgery – her mental health plummeted, leading to self-harm.
“I was 16. And I was really, really mentally ill, obviously,” Varian testified. “I obviously wasn’t mature enough to make the decision to have surgery. And I certainly wasn’t mature enough to handle the aftermath. … It’s so hard to face that you are disfigured for life,” she mourned. “No amount of reconstruction is ever going to bring back what I lost.”
Unfortunately, Varian’s story is not unique. This medical abuse has been perpetrated on thousands of minors across the nation, many of whom will struggle with lifelong health battles due to the experimental procedures marketed to them and their parents as a “cure-all” for their gender dysphoria.
That’s why Tennessee fought and won the battle to protect all children within our state from dangerous “gender affirming care” procedures. As FACT argued in a brief submitted to the US Supreme Court in US v. Skrmetti, states not only have a right to protect children from such procedures, they have an obligation to do so. If New York had safeguards in place to shield children from this medical abuse, Varian wouldn’t have to deal with the lifelong ramifications of what two doctors conspired to do to her.
“They had every opportunity to slow this down, to do the work, to follow the standards, to say ‘Not yet,’ to ask questions, to explore,” Varian’s lawyer argued. “And instead, they did nothing. They abandoned all of the guardrails and then tried to sell to you that no guardrails exist. And a vulnerable child paid the price.”
We are thankful Tennessee children are protected from the dangers of “gender affirming care,” but we pray that soon all children in this nation would be afforded that same protection.
