1 00:00:00,040 --> 00:00:02,440 Speaker 1: Miss Lopez, you found a story about a lawsuit about 2 00:00:02,440 --> 00:00:03,400 Speaker 1: a D transitioner. 3 00:00:03,440 --> 00:00:04,360 Speaker 2: What is that all about? 4 00:00:04,480 --> 00:00:07,720 Speaker 3: First of its kind, first in the country. I think 5 00:00:07,760 --> 00:00:10,480 Speaker 3: this is going to happen more and more often. So 6 00:00:10,640 --> 00:00:13,239 Speaker 3: this was in New York. A twenty two year old 7 00:00:13,280 --> 00:00:15,320 Speaker 3: woman who identified as a boy in her teen years 8 00:00:15,360 --> 00:00:18,040 Speaker 3: won a two million dollar decision in a landmark lawsuit 9 00:00:18,320 --> 00:00:21,520 Speaker 3: against New York doctors accused of pushing a double mussectomy on. 10 00:00:21,480 --> 00:00:24,079 Speaker 4: Her when she was a minor. She had the surgery 11 00:00:24,079 --> 00:00:24,960 Speaker 4: when she was sixteen. 12 00:00:25,079 --> 00:00:28,160 Speaker 3: She got approval from a psychologist and a surgeon, both 13 00:00:28,200 --> 00:00:32,920 Speaker 3: who are found liable by a jury for medical malpractice. 14 00:00:33,240 --> 00:00:36,040 Speaker 3: She's considered a D transitioner who was awarded one point 15 00:00:36,040 --> 00:00:39,159 Speaker 3: six million for past and future pain and suffering and 16 00:00:39,200 --> 00:00:43,320 Speaker 3: an additional four hundred thousand for future medical expenses. It's 17 00:00:43,400 --> 00:00:47,320 Speaker 3: the first D transition malpractice lawsuit in the nation to 18 00:00:47,320 --> 00:00:48,960 Speaker 3: go to trial and win. 19 00:00:50,479 --> 00:00:56,000 Speaker 1: Now here's what's interesting, because I think the news peg 20 00:00:56,080 --> 00:00:59,520 Speaker 1: in the story is that what a personal transition to 21 00:00:59,560 --> 00:01:02,400 Speaker 1: go to gender transition from male to female to female 22 00:01:02,400 --> 00:01:04,080 Speaker 1: to male. There's a process you got to go through, 23 00:01:04,480 --> 00:01:08,440 Speaker 1: psychological evaluation, surgery, evaluation, the whole nine yards before you 24 00:01:08,440 --> 00:01:10,920 Speaker 1: can actually go go through, particularly if you are a 25 00:01:11,040 --> 00:01:14,840 Speaker 1: minor at the time, which is eighteen and under. And 26 00:01:14,880 --> 00:01:16,560 Speaker 1: I think it's interesting because also in this New York 27 00:01:16,640 --> 00:01:20,000 Speaker 1: Post story, the woman's mother she was against it, but 28 00:01:20,040 --> 00:01:23,399 Speaker 1: she was worth that her daughter might commit suicide because 29 00:01:23,400 --> 00:01:30,240 Speaker 1: of some mental health related issues. However, malpractice is still malpractice, 30 00:01:30,640 --> 00:01:35,400 Speaker 1: so whether it's you know, regular surgery, transitional surgery, malpractice 31 00:01:35,520 --> 00:01:38,040 Speaker 1: is in a nutshell malpractice. 32 00:01:38,080 --> 00:01:38,160 Speaker 4: Now. 33 00:01:38,160 --> 00:01:40,080 Speaker 2: I think what makes this interesting is that this may be. 34 00:01:40,000 --> 00:01:44,720 Speaker 1: The first time that a malpractice situation actually one in 35 00:01:44,800 --> 00:01:48,160 Speaker 1: court involving somebody who's going through the transition from male 36 00:01:48,240 --> 00:01:53,680 Speaker 1: to female or female to male. But malpractice is still malpractice. 37 00:01:53,840 --> 00:01:57,120 Speaker 3: But then my question would be shouldn't it all be 38 00:01:57,240 --> 00:02:01,320 Speaker 3: malpracticed then if we're doing gender aside at surgeries on minors. 39 00:02:02,280 --> 00:02:04,720 Speaker 2: No, because the thing is because she went. 40 00:02:04,600 --> 00:02:06,920 Speaker 3: Like you just said, she went through a process. So 41 00:02:07,040 --> 00:02:09,000 Speaker 3: why is it now at twenty two you can ago 42 00:02:09,160 --> 00:02:09,960 Speaker 3: you did me wrong? 43 00:02:10,800 --> 00:02:12,840 Speaker 1: Because I want to say it was the under pressure 44 00:02:13,520 --> 00:02:16,280 Speaker 1: that the psychologists and the surgeon put on her, like 45 00:02:16,320 --> 00:02:17,440 Speaker 1: you need to do this, you need to do this, 46 00:02:17,440 --> 00:02:19,639 Speaker 1: seemed to do this. But okay, is it life threatening? 47 00:02:20,760 --> 00:02:20,959 Speaker 2: Yes? 48 00:02:21,000 --> 00:02:22,519 Speaker 1: No, maybe, And we haven't seen I haven't seen the 49 00:02:22,560 --> 00:02:24,600 Speaker 1: court docket, so I really can't comment on that part 50 00:02:24,680 --> 00:02:28,640 Speaker 1: per se. But what I can say though, is when 51 00:02:28,639 --> 00:02:31,960 Speaker 1: the medical professionals pressure you into doing something, you're not 52 00:02:32,000 --> 00:02:33,320 Speaker 1: doing it on your own free will. 53 00:02:33,520 --> 00:02:36,240 Speaker 2: You're not. It's a matter of consent, is what it is. 54 00:02:36,800 --> 00:02:38,400 Speaker 1: And it's like me holding a gun, like, hey, Jerry 55 00:02:38,440 --> 00:02:40,640 Speaker 1: signed this contract right now, you and you sign it. 56 00:02:41,120 --> 00:02:42,040 Speaker 2: Did you really consent? 57 00:02:42,200 --> 00:02:42,359 Speaker 4: No? 58 00:02:42,400 --> 00:02:45,440 Speaker 1: Because I put a gun to your to your head right. 59 00:02:45,520 --> 00:02:47,079 Speaker 1: It's like that stupid John Claude. 60 00:02:47,160 --> 00:02:49,080 Speaker 3: But they shouldn't the parent be found liable then as 61 00:02:49,080 --> 00:02:52,040 Speaker 3: well well, because this is a child that went through 62 00:02:52,040 --> 00:02:54,800 Speaker 3: the process. So then she's been failed the whole step 63 00:02:54,800 --> 00:02:57,080 Speaker 3: of the way. If her suit is she was pressured. 64 00:02:56,919 --> 00:02:59,200 Speaker 1: Well, well, the thing is under the question is under 65 00:02:59,200 --> 00:03:05,000 Speaker 1: New York law, ken miners get transitional surgery without their parents' 66 00:03:05,000 --> 00:03:08,760 Speaker 1: consent and if they can get it under what circumstances. No, 67 00:03:08,919 --> 00:03:13,720 Speaker 1: you got to go through psychological mental evaluation, the whole 68 00:03:13,800 --> 00:03:16,760 Speaker 1: nine yards because the mother was the mother said she 69 00:03:16,840 --> 00:03:19,400 Speaker 1: was against the surgery, however she was worth it. A 70 00:03:19,440 --> 00:03:22,800 Speaker 1: daughter might commit suicide if the daughter didn't get the 71 00:03:22,800 --> 00:03:23,920 Speaker 1: surgery right so. 72 00:03:25,080 --> 00:03:27,040 Speaker 3: It says here it says the jury was asked not 73 00:03:27,160 --> 00:03:30,240 Speaker 3: to rule on the ethics of gender related surgical procedures 74 00:03:30,240 --> 00:03:33,800 Speaker 3: for miners, instead whether the medical professionals took the appropriate 75 00:03:33,840 --> 00:03:36,880 Speaker 3: steps before suggesting the threshold crossing measure. 76 00:03:37,280 --> 00:03:38,360 Speaker 4: The lawyers for. 77 00:03:39,520 --> 00:03:43,600 Speaker 3: The defense said that she lived allegedly a happy life 78 00:03:43,600 --> 00:03:46,000 Speaker 3: as a male for several years after the twenty nineteen 79 00:03:46,040 --> 00:03:49,640 Speaker 3: surgery before filing lawsuit in twenty twenty three. They said 80 00:03:49,680 --> 00:03:51,920 Speaker 3: they ensured that they didn't that she didn't or he 81 00:03:51,960 --> 00:03:55,760 Speaker 3: didn't have any psychological conditions such as depressing adhd autism 82 00:03:55,840 --> 00:03:59,000 Speaker 3: or biden dysmorphia before suggesting the surgery. 83 00:03:59,520 --> 00:04:02,400 Speaker 1: Now, what's interesting, though, is that apparently all this was 84 00:04:02,440 --> 00:04:06,000 Speaker 1: made in front of a jury. And I always tell 85 00:04:06,040 --> 00:04:07,960 Speaker 1: people whenever we kind of comment on the court cases, 86 00:04:07,960 --> 00:04:09,800 Speaker 1: you got to remember, number one, we weren't there, so 87 00:04:09,840 --> 00:04:12,720 Speaker 1: it's kind of point number one. But number two, we 88 00:04:12,760 --> 00:04:15,320 Speaker 1: don't know what evidence was introduced, and also, by the way, 89 00:04:15,320 --> 00:04:16,520 Speaker 1: what evidence was kept out? 90 00:04:16,720 --> 00:04:18,719 Speaker 2: No, what did what did when the juris went in 91 00:04:18,760 --> 00:04:19,720 Speaker 2: that room to. 92 00:04:19,760 --> 00:04:23,159 Speaker 1: Deliberate, What were their instructions or were they told that 93 00:04:23,160 --> 00:04:25,279 Speaker 1: they can consider what were they told that they can't consider? 94 00:04:25,880 --> 00:04:29,159 Speaker 1: And twelve people or six to eight to twelve people 95 00:04:29,960 --> 00:04:32,679 Speaker 1: basically got in a room, didn't know each other from 96 00:04:32,720 --> 00:04:37,520 Speaker 1: from day one, and said, hey, these people are liable 97 00:04:37,720 --> 00:04:38,920 Speaker 1: for how much of it was? 98 00:04:39,000 --> 00:04:39,040 Speaker 3: What? 99 00:04:39,839 --> 00:04:43,360 Speaker 4: One point six and then four hundred additional for medicals? Million? 100 00:04:43,440 --> 00:04:44,480 Speaker 2: Yeah, two million dollars. 101 00:04:45,040 --> 00:04:46,479 Speaker 3: It doesn't seem like a lot of money, if you 102 00:04:46,520 --> 00:04:47,799 Speaker 3: really are going through all this stuff. 103 00:04:47,800 --> 00:04:48,839 Speaker 4: Two millions not that much. 104 00:04:48,880 --> 00:04:50,839 Speaker 2: No, no, it's not. And that's the other thing I 105 00:04:50,920 --> 00:04:52,600 Speaker 2: tell people too, is you know. 106 00:04:52,600 --> 00:04:54,479 Speaker 4: You're gonna pay your lawyers. You gotta pay taxes in 107 00:04:54,520 --> 00:04:54,960 Speaker 4: New York, you. 108 00:04:54,960 --> 00:04:56,680 Speaker 2: Got you gotta pay lawyers. Gott pay taxes. You gotta 109 00:04:56,680 --> 00:04:57,719 Speaker 2: pay lawyer's fees the. 110 00:04:57,800 --> 00:04:58,960 Speaker 4: Whole not even a million. 111 00:04:59,000 --> 00:04:59,840 Speaker 2: Probably hold on you. 112 00:05:00,200 --> 00:05:03,320 Speaker 1: And by the way, the lawyer probably got I would 113 00:05:03,320 --> 00:05:07,039 Speaker 1: say anywhere if Lloyd did this, probably at least a 114 00:05:07,080 --> 00:05:09,799 Speaker 1: third a third, thirty three to forty percent. 115 00:05:10,120 --> 00:05:11,719 Speaker 4: And then you take your taxes out on top. 116 00:05:11,920 --> 00:05:15,360 Speaker 1: Yeah, so out of that two million and some change, 117 00:05:15,920 --> 00:05:18,880 Speaker 1: she'll probably see about a million dollars at the end 118 00:05:18,920 --> 00:05:21,320 Speaker 1: of the day. Now, a million dollars of twenty two 119 00:05:21,400 --> 00:05:25,160 Speaker 1: years old ain't bad to half. Now what I want 120 00:05:25,160 --> 00:05:27,160 Speaker 1: to what I want a million dollars and happened to 121 00:05:27,160 --> 00:05:32,839 Speaker 1: go through all that, probably not so much. But by 122 00:05:32,880 --> 00:05:34,839 Speaker 1: the end of the day, though, I said to me, 123 00:05:34,920 --> 00:05:37,000 Speaker 1: this was more about medical malpractice, and it was about 124 00:05:37,000 --> 00:05:40,840 Speaker 1: the gender reassignment surgery. And like I said, the woman 125 00:05:40,880 --> 00:05:44,680 Speaker 1: when she followed, New York law went through you know, 126 00:05:44,800 --> 00:05:46,800 Speaker 1: the went through the mental health and all the other 127 00:05:46,880 --> 00:05:48,240 Speaker 1: valuations and the whole nine. 128 00:05:48,120 --> 00:05:49,560 Speaker 2: Yards blah blah blah blah. 129 00:05:49,760 --> 00:05:52,880 Speaker 1: However, and by the way, the story said, this was 130 00:05:52,880 --> 00:05:55,520 Speaker 1: the first you transition malpractice lawsuit in the nation to 131 00:05:55,560 --> 00:05:58,279 Speaker 1: go to trial and win, which tells me that there's 132 00:05:58,320 --> 00:06:01,400 Speaker 1: been other situations like this before or but they didn't win, 133 00:06:02,000 --> 00:06:03,960 Speaker 1: which kind of makes me wonder, like, Okay. 134 00:06:03,800 --> 00:06:05,520 Speaker 4: Well, to your point, what was left out? What was 135 00:06:05,600 --> 00:06:05,960 Speaker 4: let in? 136 00:06:06,120 --> 00:06:08,599 Speaker 1: Yeah, well so that it was let in. And number two, 137 00:06:08,720 --> 00:06:11,160 Speaker 1: what cases they bring to begin with. Because it's one 138 00:06:11,160 --> 00:06:13,240 Speaker 1: thing to have a medical procedure and you don't like 139 00:06:13,279 --> 00:06:16,240 Speaker 1: it afterwards, Well that's not malpractice. You just don't like 140 00:06:16,279 --> 00:06:20,760 Speaker 1: what what you got. It's like cosmetic surgery. You may 141 00:06:20,800 --> 00:06:25,400 Speaker 1: not like it, but it's it is, you know what 142 00:06:25,520 --> 00:06:25,920 Speaker 1: it is. 143 00:06:26,279 --> 00:06:27,719 Speaker 4: So it's the way to alleviate this. 144 00:06:28,360 --> 00:06:29,640 Speaker 3: First of all, if we're just going to handle the 145 00:06:29,680 --> 00:06:33,120 Speaker 3: malpractice thing. We've now set precedent, right, so anybody now 146 00:06:33,120 --> 00:06:35,600 Speaker 3: who wants to sue somebody can look at the case 147 00:06:35,640 --> 00:06:36,520 Speaker 3: now in New York. 148 00:06:36,480 --> 00:06:38,480 Speaker 1: They can look at the case New York. But they 149 00:06:38,520 --> 00:06:41,359 Speaker 1: also got to remember two, that case only good for 150 00:06:41,440 --> 00:06:44,360 Speaker 1: New York. And by the way, it was a trial court, 151 00:06:44,440 --> 00:06:46,800 Speaker 1: not in not in appellate court, and not the not 152 00:06:46,880 --> 00:06:49,000 Speaker 1: the New York Supreme Court. So we got to keep 153 00:06:49,000 --> 00:06:51,320 Speaker 1: that in it not standing right. So the thing that 154 00:06:51,360 --> 00:06:54,640 Speaker 1: to keep in mind is if if the if the 155 00:06:55,040 --> 00:06:57,400 Speaker 1: if the if the if the surgeon's appeal, which they 156 00:06:57,440 --> 00:06:58,400 Speaker 1: probably will do right. 157 00:06:58,480 --> 00:06:59,360 Speaker 2: Otherwise you got to. 158 00:06:59,360 --> 00:07:01,240 Speaker 3: And this is gonna call your license and stuff, right, 159 00:07:01,680 --> 00:07:03,160 Speaker 3: this kind of thing costs your license. 160 00:07:04,720 --> 00:07:06,240 Speaker 1: It depends on what their father can play with like 161 00:07:06,279 --> 00:07:08,719 Speaker 1: the State Medical Society of the State Medical Board like hey, 162 00:07:09,279 --> 00:07:12,320 Speaker 1: and potentially it can. But then again, once again, it 163 00:07:12,400 --> 00:07:14,840 Speaker 1: gets a whole other world of legal right hurdles and 164 00:07:14,880 --> 00:07:16,160 Speaker 1: things you got to you gotta jump through. 165 00:07:16,240 --> 00:07:19,200 Speaker 4: If only we had an attorney to talk to a. 166 00:07:19,120 --> 00:07:21,240 Speaker 1: New York New York license attorney, I'm just Illinois and 167 00:07:21,240 --> 00:07:23,160 Speaker 1: Indiana unfortunately, but. 168 00:07:23,320 --> 00:07:25,640 Speaker 4: But but maybe we see this kit continue to come up. 169 00:07:25,680 --> 00:07:29,040 Speaker 3: Now you know, like you said, it's just in New York, unfortunately, 170 00:07:29,120 --> 00:07:31,480 Speaker 3: and it's very sad to say. I mean, there's people 171 00:07:31,480 --> 00:07:33,480 Speaker 3: that are really dealing with body issues and I don't 172 00:07:33,480 --> 00:07:36,400 Speaker 3: want to take the mental health aspect of that lightly. 173 00:07:36,480 --> 00:07:39,440 Speaker 3: I can't imagine being felt like I was born in 174 00:07:39,480 --> 00:07:40,000 Speaker 3: the wrong body. 175 00:07:40,040 --> 00:07:41,240 Speaker 4: That's that sucks for them. 176 00:07:42,000 --> 00:07:44,840 Speaker 3: But we really have pushed this as a country over 177 00:07:44,880 --> 00:07:47,680 Speaker 3: the past couple of years, and I think we're going 178 00:07:47,760 --> 00:07:50,080 Speaker 3: to see this continue to ramp up with children that are, 179 00:07:50,200 --> 00:07:52,600 Speaker 3: you know, now adults that are dealing with decisions that 180 00:07:52,600 --> 00:07:55,360 Speaker 3: they made when they were immature about the societal pressure. 181 00:07:56,360 --> 00:07:58,040 Speaker 1: No, and that I think too is which is why 182 00:07:58,720 --> 00:08:01,600 Speaker 1: it didn't bother me when any lawmakers said, Hey, if 183 00:08:01,600 --> 00:08:03,120 Speaker 1: you're going to have this type of surgery or any 184 00:08:03,120 --> 00:08:04,800 Speaker 1: type of surgery, if you're a mind and you need 185 00:08:04,800 --> 00:08:09,760 Speaker 1: to prontal consent, that that's called common sense. Like, if 186 00:08:09,800 --> 00:08:12,000 Speaker 1: my son broke his arm, the doctor can fix his 187 00:08:12,080 --> 00:08:14,120 Speaker 1: arm without calling me first. So if you're going to 188 00:08:14,440 --> 00:08:16,520 Speaker 1: change it from male to female, like, yeah, I kind 189 00:08:16,520 --> 00:08:18,840 Speaker 1: of want to know now. It would be one thing 190 00:08:19,200 --> 00:08:22,320 Speaker 1: if informing me put my kid in danger because I'm 191 00:08:22,360 --> 00:08:25,240 Speaker 1: the person who broke his arm, right yea, that yeah, 192 00:08:25,280 --> 00:08:27,400 Speaker 1: that makes absolute perfect sense. But by the end of 193 00:08:27,400 --> 00:08:30,160 Speaker 1: the day, folks, and I think Jerry's right, you've got 194 00:08:30,160 --> 00:08:31,760 Speaker 1: to see a lot more of these pop up. 195 00:08:32,120 --> 00:08:32,800 Speaker 2: But but but. 196 00:08:33,400 --> 00:08:37,400 Speaker 1: Please keep in mind, and this stir right here, just 197 00:08:37,440 --> 00:08:39,960 Speaker 1: the person want two million dollars in change. It was 198 00:08:40,000 --> 00:08:42,960 Speaker 1: the first detransitional malpractice lawsuit in the nation to go 199 00:08:43,000 --> 00:08:45,199 Speaker 1: to trial and win. That tells me these things are 200 00:08:45,200 --> 00:08:47,960 Speaker 1: going to trial before and people were not so lucky 201 00:08:48,040 --> 00:08:52,160 Speaker 1: or so fortunate to basically get a million dollars and 202 00:08:53,200 --> 00:08:54,280 Speaker 1: knock knock yourself out.