Prisha Mosley, a North Carolina woman who had medical sex-transition services to appear male and has now detransitioned, will file a motion to reinstate her July 2023 lawsuit, which was cleared to proceed in April 2024.
“This case isn’t just about me — it is about accountability for every individual who was sold irreversible and life-altering lies,” Mosley said in a news release. “I am incredibly grateful that HB 805 has given me a second chance to be heard and to seek justice for the pain that I have had to endure. A longer statute of limitations is only fair and opens the pathway to justice for many victims, as recent studies and detransitioners alike say that the average time it takes to recognize the transition as harmful is seven years.”
The Independent Women’s Forum, a group for which Mosley is an ambassador, said that this case “could set national precedent for how detransitioner medical malpractice cases are handled and how state policy surrounding ‘gender-affirming care’ could change in other states.”
Mosley’s lawsuit is against multiple health care providers, who she says did not give her proper informed consent or aftercare for procedures that were largely experimental and have had a devastating impact on her health.
The press release said Mosley’s legal team will file the motion Friday at the Gaston County Courthouse, which is in her home town of Gastonia. At the time the original lawsuit was filed, her claims were thrown out because the statute of limitations was only four years.
But after House Bill 805 went into effect on July 29, that timeline was extended to 10 years, reviving Mosley’s legal case.
Josh Payne, Mosley’s attorney and co-founder of Campbell Miller Payne LLC, said in the release, “Last year, the court ruled that Prisha’s fraud claims are legally sufficient, but it dismissed her medical malpractice claims as too late. The North Carolina legislature has now extended the time period for individuals to sue for harm caused by gender transition procedures. We look forward to helping Prisha pursue justice and hold her doctors accountable for the harm they caused.”
Mosley’s legal team believes it has a good argument that her case must now be heard. And the press release calls this the first “major test of this new law,” which “could set a national precedent.”
They predict other states could seek to pass similar legislation and allow detransitioners in their jurisdictions to file lawsuits that had previously been outside the statute of limitations.
Attorneys for the medical providers who provided the sex-transition services are expected to argue that the case should be dismissed and that their clients operated within the law as they understood it.
With the judge planning to retire within a month, Mosley’s team said they expect him to come to a quick decision. If her claims are allowed to proceed, they say, “a trial [is] expected next summer unless a settlement is reached beforehand.”
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