Pregnant detransitioner’s lawsuit against doctors, medical professionals allowed to move forward in North Carolina: court

Judge Robert Ervin of the North Carolina Superior Court signed an order on May 7 partially denying the defendants’ motion to dismiss the case.

"[T]he Court has determined as a matter of law that the allegations of Plaintiff’s Complaint, treated as true, are sufficient to state a claim upon which relief may be granted," Ervin wrote, according to Fox News.

Prisha Mosley, an Independent Women’s Forum (IWF) ambassador and detransitioner, filed the lawsuit in July 2023 against eight defendants, including a physician, a plastic surgeon, and two licensed counselors.

Mosley alleged that they persuaded her to undergo sex change treatments at 17 years of age, and that she was misled into taking testosterone injections and having a double mastectomy, "turning her into a lifelong medical patient," IWF wrote.

She sued the doctors and health facilities on counts of fraud, medical malpractice, negligent infliction of emotional distress, unfair and deceptive trade practices, facilitating fraud, breach of fiduciary duty rising to the level of constructive fraud, and civil conspiracy.

While Ervin granted the defendants’ motion to dismiss the charges of medical malpractice, breach of fiduciary duty, negligent infliction and unfair and deceptive trade practices, he allowed the charges of fraud and civil conspiracy to stand.

"These individuals whom Prisha trusted to care for her lied to and misled her into these treatments and procedures for the purpose of making money off of her and bolstering their credentials in the emerging field of so-called ‘gender-affirming care," the lawsuit states.

Josh Payne, lead attorney with Campbell Miller Payne which represents detransitioners nationwide, said, "This is the first substantive ruling we are aware of in which a Court has held that a detransitioner’s case against her health care professionals is legally viable. We are honored to represent Prisha as she pursues justice for herself and her family and tries to prevent what happened to her from happening to others."

"I am grateful that the Court has recognized my case has merit," Mosley said. "The legal process can be daunting. I am encouraged by the Court’s ruling in my favor, and I am determined to see the case through to a final victory. Young people struggling with their mental health, like I was, deserve better. They need compassionate support. They do not deserve to be lied to and misled into life-altering medical procedures that only cause harm."

In an op-ed written by Mosley, she said that she has "struggled with my mental health" since childhood, with her teen years being "particularly difficult."

"Tragically, at age 14, I suffered from a sexual assault. At age 15, I was hospitalized for depression. By age 16, I was diagnosed with major depressive disorder, obsessive-compulsive disorder, and an eating disorder. I engaged in self-harm by cutting myself, which became so serious that I was taken to the emergency room," Mosley wrote.

She said starting at the age of 16 and continuing into young adulthood, "doctors and counselors set me on a path of medicalized 'gender transition.' They told me that changing my body to look like a boy’s body would cure my mental health problems. They told me that injecting large amounts of testosterone into my female body would be good for me. They also encouraged me to undergo surgery to remove my healthy breasts."

She said she trusted that the healthcare providers were going to take care of her and believed that they were "treating me properly."

"Years later, I realized that I had been lied to and misled in the worst possible way. Years of taking testosterone prevented my body from developing as it should have. It caused significant vaginal atrophy and the inability to have intercourse."

Mosley said her voice has been permanently changed by the treatment and can no longer sing. She also experiences "severe pain in my shoulders, neck, and genital area."

"I do not know if I will be able to conceive and give birth to a child" she said, adding that as a result of the breast removal surgery, she would no longer be able to breastfeed any future children.

Despite her well-founded concerns, Mosley announced in February that she was expecting a baby boy.

"The other news is that I am apparently not infertile. After several years of no periods, no ovulation, and no pregnancy, things have changed," Mosley announced on Twitter.

She said that she became pregnant as she began taking birth control, adding that the "running theory is that the hormones kick started my system."

"I didn't announce it for quite a while because I was scared. I am still struggling with issues that affect my pregnancy, including continuing hormonal imbalance and pelvic and vaginal atrophy. I've been told by my doctor that I can't even try to deliver vaginally and have to just schedule a c-section... That's scary and upsetting. I didn't expect to be facing another surgery so suddenly, after all of the medical trauma," Mosley wrote. "The baby is healthy, though. He's a boy. He's perfect to me."