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Tipsheet

Dozens of Detransitioners Have Filed Lawsuits, and the Costs Could End 'Gender-Affirming Care' for Good

AP Photo/Lindsey Wasson, File

The "gender-affirming care" dam appears to be breaking. The cracks started last week, when Fox Varian, a detransitioned girl, won a $2 million judgment against the psychologist and surgeon who transitioned her when she was 16. That surgeon performed a double mastectomy on Varian, who is now 22 years old. According to The New York Post, Varian's mother, Claire Deacon, testified that she was told Varian would commit suicide if she didn't have the surgery. Deacon said of psychologist Kenneth Einhorn, “This man was just so emphatic, and pushing and pushing, that I felt like there was no good decision."

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Now, The Economist is reporting that at least two dozen additional detransitioners have filed lawsuits. Damages from those suits could run into the hundreds of millions of dollars.

Here's more:

Thousands of American girls have had elective mastectomies as part of gender-transition treatment. Between 2016 and 2020, according to the Journal of the American Medical Association, 3,215 mastectomies, 405 genital surgeries and 350 other gender-related procedures were carried out on 12- to 18-year-olds of both sexes; the true number is sure to be higher. Advocates of such procedures for minors argue that they can relieve distress and even prevent suicide. Critics say the evidence for them is shoddy—and predict a flood of medical-malpractice lawsuits.

Two recent pieces of news suggest that doctors who prescribe irreversible transition procedures to adolescents should take the legal threat seriously. The first was an award of $2m to a single patient in New York on January 30th.

Both the American Medical Association and the American Society of Plastic Surgeons (ASPS) announced they no longer supported "gender-affirming care" for minors under the age of 19. 

The Washington Post tried to run interference for the procedures, saying "fewer than 1,000 minors in the United States receive such surgeries every year" and pointing out that "the vast majority of the procedures are mastectomies, not genital surgeries." Think about how radical that is. WaPo is actually arguing it's not a bad thing to remove the healthy breasts of teen girls. Those girls not only disfigure their bodies, but they will lose the ability to nurse children in the future (if puberty blockers and cross-sex hormones didn't render them infertile, that is).

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This will bankrupt the very lucrative "gender-affirming care" industry, and we're fine with that.

It's an indictment of our culture and political climate.

And here's an interesting thought experiment: what will Democrats do? Last year, New York AG Letitia James told hospitals to continue providing "gender-affirming care" to minors and warned them that not doing so would violate state law. Will Democrats and Leftists demand doctors continue providing this care, despite the risks of lawsuits? Will the move to pass legislation protecting doctors from malpractice suits? If this writer had to guess, that's the next step: immunity from such lawsuits.

It will be interesting to see what happens.

They were warned. And now it's going to cost them.

The Trump administration has pushed back against this "care" and vowed to pull funding from hospitals and providers to "transition" children. Several states have sued over the new rules, including the aforementioned Letitia James. But when the crushing weight of malpractice suits starts hurting providers' bottom lines, perhaps it'll end for good.

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Editor’s Note: Hollywood, academia, and liberal elites are out of touch with the average American.

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