Jury Awards Fox Varian $2 Million in Westchester Malpractice Verdict

A Westchester County jury on Friday awarded Fox Varian $2 million — $1.6 million for pain and suffering and $400,000 for future medical expenses — after finding psychologist Kenneth Einhorn and plastic surgeon Simon H. Chin liable for malpractice over a 2019 double mastectomy she received at age 16, court records show.

Varian filed Varian v. Einhorn in 2023 and the three-week trial focused on whether the clinicians departed from the standard of care in assessing and treating her gender dysphoria, an issue that the plaintiff's attorney said led to irreversible harm, court filings show.

The defense disputed the negligence findings, telling jurors that Varian did not express regret until years later and that she made choices including using different pronouns and wearing a chest binder, defense lawyers said during the trial.

Benjamin Ryan, an independent journalist who attended the full trial, said he has identified 28 detransitioner lawsuits and that Varian's verdict is the first detransitioner case to go to trial and to result in a judgment, underscoring potential wider legal exposure for clinicians.

The verdict applies only to Varian's claim and not to gender-affirming care generally, defense lawyers said, and court filings indicate the defendants plan to appeal, a move that could determine whether similar suits proceed to trial.