Jury Awards $2 million in First Gender Dysphoria Surgery Malpractice Case
White Plains, NY – The verdict was announced today following a three-week trial in Westchester County Supreme Court. The plaintiff, now 22, argued that her providers did not adequately communicate the long-term risks of surgery to remove her breasts or properly assess her readiness to consent. Court records described her as a vulnerable adolescent coping with depression, anxiety, social phobia, an eating disorder, and autism.
The surgery was performed by plastic surgeon Dr. Simon Chin, despite the minor expressing ongoing uncertainty about her gender identity and following a referral for surgery a mere nine months after the youngster first expressed a desire to transition.
The plaintiff alleged that her psychologist and plastic surgeon both failed to obtain informed consent and deviated from accepted standards of care.
Several advocates for transgender health care echoed that interpretation. Dr. Loren Schechter, a leading expert in pediatric gender surgery and president-elect of the World Professional Association for Transgender Health (WPATH), testified on behalf of the young woman, stating that the decision to approve surgery relied on “assumption and inference.”
In a statement following the verdict, WPATH emphasized that the case reflected a failure to adhere to its standards of care, which stress careful assessment, patient maturity, and comprehensive informed consent, particularly for adolescents.
“Whether a child can consent to profound irreversible surgery that removes healthy reproductive organs is a question lawmakers and the healthcare system must confront,” said Sonia Ossorio, executive director of Women’s Justice NOW. “The fact that a double mastectomy would be performed on a child with documented mental health issues and ongoing uncertainty about her gender identity shocks the conscience.”
The verdict comes amid heightened national debate over pediatric gender medicine. In 2025 the Supreme Court upheld Tennessee’s SB1 law, which bans puberty blockers and hormone therapy for minors. The Court determined the law does not violate the 14th Amendment’s Equal Protection Clause, applying a “rational basis” standard rather than heightened scrutiny.
Earlier this week, the American Society of Plastic Surgeons revised its guidance, recommending that gender-related chest, genital, and facial surgeries be deferred until patients reach at least 19 years of age.
Legal experts say this civil ruling may influence similar cases currently working through the courts, particularly those involving claims that patients and parents did not fully understand the long-term consequences of medical transition.
Dr. Marci Bowers, a former president of WPATH, expressed hope that the verdict would encourage stricter adherence to clinical standards.
“This is a vulnerable age group,” she said. “When standards are not followed, the outcomes can be deeply disappointing. The standards of care exist for a reason.”
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