Chloe Cole, an 18-year-old who has become a voice for detransitioners in America, is suing Kaiser Permanente, a large American medical provider, for medical negligence
and testosterone at 13 and underwent a double mastectomy at 15, before changing her mind and detransitioning at 16.
Kaiser’s broad statement, in response to a request to comment on the allegations, says it “provides patient centred gender-affirming care that is consistent with the standards of medical care and excellence”. It emphasises that it respects “the patients and their families’ informed decisions about their personal health”. But a crucial part of the claim is that Ms Cole says she and her parents were not informed of alternative, less invasive treatments, such as psychiatric care.
So far there has been little litigation from “detransitioners”, people who received care for gender dysphoria but then decided to stop or reverse the treatment. The medical procedures they underwent are relatively new; it can take years for people to change their minds or to start experiencing negative effects. Moreover, many states have short statutes of limitations, says Candice Jackson, a West Coast lawyer. Some state politicians have promised to change those restrictions.
Few law firms want to risk being labelled transphobic, face being “cancelled” and losing clients. Ms Jackson co-founded her own firm after she realised how hard it was for detransitioners to find legal representation. There has been little money in this business, at least up to now. And, adds one paediatrician, many detransitioners have a history of mental illness. They may make poor witnesses, who can be easy to discredit. But a credible, likeable star witness could break the mould.
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