Contending that her case was filed far too late, Children’s Hospital Medical Group Los Angeles as well as a health provider and expert in adolescent “gender-affirming care” are seeking to be dismissed as defendants in a lawsuit filed by a UCLA student who alleges she was wrongly diagnosed with gender dysphoria and given “irreversibly damaging” care.
Kaya Clementine Breen, also known as Finn Paul Breen, is suing a team of doctors whom she alleges “collectively decided that a vulnerable girl struggling with complex mental health struggles and suffering from multiple instances of sexual abuse should be prescribed a series of life-altering puberty blockers and cross-sex hormones, (and) ultimately receive a double mastectomy at the age of 14.”
Breen was 20 years old when she filed the suit in Los Angeles Superior Court last Dec. 5 and one of the physicians sued was Dr. Johanna Olson-Kennedy, the director of the Center for Transyouth Health and Development at CHLA. In court papers filed Monday with Judge Joseph Lipner in advance of an Oct. 28 hearing, attorneys for Olson-Kennedy and CHLA contend that the suit’s filing date was in violation of the three-year statute of limitations.
The defense attorneys maintain that the plaintiff’s own complaint states she knew of the harm she alleges she suffered as early as January 2018 and no later than August 2019.
“The three-year period is an outside limit on the period after plaintiffs injury in which an action for professional negligence may be commenced, regardless of the patient’s belated discovery of the cause of action,” the defense attorneys argue in their pleadings. “In other words, even if the three-year period expires before the plaintiff ever suspected, or should have suspected, that someone did something wrong, the plaintiff’s suit is time barred.”
The defense attorneys also maintain the statute of limitations defense is not overcome by any concrete evidence of fraud.
“Moreover, the allegations of fraudulent concealment are entirely conclusory, and there are no specific facts in the (complaint) establishing fraud on the part of defendants in this case,” the defense attorneys further argue.
According to the suit, Breen is a female who suffered from a complex and multi-faceted array of mental health symptoms as a child, including childhood abuse, and believed life might be easier for her as a boy. That part of her history was not properly explored in the course of her treatment, the suit alleges.
“Instead, she was fast-tracked onto the conveyor belt of irreversibly damaging puberty blockers (age 12), cross-sex hormones (age 13) and gender-affirming surgery (age 14),” according to the suit.
Olson-Kennedy and the CHLA team “immediately and unquestioningly affirmed Clementine as transgender and at her very first visit, after mere minutes, Dr. Olson-Kennedy diagnosed Clementine with gender dysphoria and recommended surgical implantation of puberty blockers,” the suit alleges.
During treatment, Breen’s mental health progressively declined as she descended into depression, anxiety, psychosis, hallucinations, self-harm and attempted suicide, according to her suit.
“In short, her body has been profoundly damaged in ways that can never be repaired,” the suit further states.
Breen also sued Dr. Scott Mosser, a plastic surgeon specializing in gender-affirming surgery; psychotherapist Susan Landon; the Gender Confirmation Center of San Francisco; and UC San Francisco Health Community Hospitals.
Dismiss? hahahah. Sorry CHLA, it’s not that easy to maim a child and walk away.
Breen’s lawyers – Harmeet Dhillon, Mark Trammell, Jordan Campbell, and J. Whitman Neal – didn’t sue for medical battery, and didn’t sue for fraud. Just as with Chloe Cole, the case is horribly under-litigated. So far NOBODY has been held either civilly or criminally liable for the “gender affirming care” experiment. It’s as if they are letting these psychos get away with it.