Latest news with #K.S.
Daily Mail
30-04-2025
- Health
- Daily Mail
Non-binary Canadian wins lawsuit forcing taxpayers to pay for surgery so they can have a penis AND a vagina
A non-binary Canadian's $70,000 gender affirming surgery - that will see her keep her penis and get a vagina constructed - will be fully funded by taxpayers, a top judge ruled. K.S., who was born a male at birth, uses female pronouns but does not identify as either fully male or fully female, according to documents from the Ontario Superior Court of Justice, reviewed by The 34-year-old, who is only identified by her initials in the legal filing, sued the Ontario Health Insurance Plan (OHIP) in 2022 after the company denied her request to pay for the cost of surgery to construct a 'neo-vagina' at a clinic in Texas. She wanted to build a female sex organ in the gap between her scrotum and anus - while also keeping her fully-functioning male sex organ. Now, the brunt of the $70,000 for surgery and flights to the US will fall on Canadian taxpayers after a landmark win in court. Dr. Irena Druce, an endocrinologist at the Ottawa Hospital, submitted a 'Request for Prior Approval for Funding of Sex-Reassignment Surgery' - which cost $10,000 to $70,000 - for K.S. after completing multiple assessments on her along with Yael Sela, a mental health counselor. Together, they determined K.S. has 'persistent gender dysphoria.' They said she was qualified to undergo the surgery because she had undergone hormone therapy for a year and 'lived for 12 continuous months in a gender role congruent with her gender identity,' the appeal said. The procedure, also known as penile-sparing vaginoplasty, is only available in Texas. It is not allowed in Canada, but the money would pay for her to travel to the US to get the surgery, according to Reduxx. The insurer argued the surgery cannot be publicly funded because the vaginoplasty would not be accompanied by a penectomy and is therefore not a procedure listed on its schedule of benefits. The company, which is run by President and CEO Matthew Anderson, also argued that the procedure is considered experimental in Ontario and not eligible for coverage, the appeal, submitted on April 22, said. K.S. then appealed the denial to the Health And Services Appeal and Review Board - who then overturned OHIP's initial decision, arguing that it should be covered even if a penectomy is not performed. OHIP appealed that, but lost again after the panel determined the surgery - which would leave her penis completely functional and create a 'neo-vagina' in the space between her penis and anus - would be fully insured. The province's appeal was heard on November 26, 2024 as three judges - Benjamin Zarnett, Steve Coroza and Lise Favreau - rejected the company's arguments to deny coverage because a penectomy was 'neither recommended by K.S.'s health professionals nor desired by K.S,' the court's decision stated. The appeal's court also said: 'The existence of different techniques to perform a vaginoplasty does not affect this conclusion. It was open to the drafters of the Schedule of Benefits to describe each specifically listed service in broad or narrow terms. Here the description chosen, 'vaginoplasty', is broad enough to encompass different techniques.' They added that 'a vaginoplasty without a penectomy is an insured service because it is still a vaginoplasty, a specifically listed service,' the document read. K.S.'s physician said in a letter that she 'identifies as transfeminine but not completely on the "feminine" end of the spectrum and for this reason it's important for her to have a vagina while maintaining her penis,' documents said. According to Dr. Druce's biography, she is a clinician investigator that focuses on inflammation and chronic disease with an interest 'transgender health.' 'And her hope is to contribute to clinical research in this domain as her career continues,' it continued. In addition to winning the case to get the surgery, K.S. was also awarded $23,250 by the three judges, the filing said. The province of Ontario has until June 23 to appeal the latest decision to the Supreme Court of Canada. Her lawyer, John McIntyre, told National Post his client 'is pleased' with the decision. 'K.S. is pleased with the Court of Appeal's decision, which is now the third unanimous ruling confirming that her gender affirming surgery is covered under Ontario's Health Insurance Act and its regulation,' McIntyre said. Soon after her first win last April, K.S. took to social media to celebrate her win and posted to a Reddit board for 'bigenital' individuals, per Reduxx. In those posts, K.S. said she suffered from bipolar disorder, was a disability advocate. K.S., who has since deleted her Reddit account, also delved into her sexual fetishes, describing herself as a 'transgender baby' and a 'little' - someone who is attracted to diapers and 'obsessed' with urinary and fecal incontinence, loss of control in the bladder and bowels. There, she also claimed she designed her bedroom to reflect that of an eight-year-old girl, the outlet found. Many of her posts were made to the Adult Baby Diaper Lover (ABDL) on Reddit - a group where people are sexually aroused while acting like babies or children. K.S. has also spoken about her mental health struggles on the platform, detailing her suicidal ideations related to child abuse and little mental health support.
Toronto Sun
25-04-2025
- Health
- Toronto Sun
MANDEL: Ontario must cover U.S. surgery for trans patient who wants a vagina — and to keep her penis
Medical doctor writing on patient personal health care record discharge form, or prescription paperwork in hospital office, clinic centre for healthcare and life insurance concept. Photo by iStock / GETTY IMAGES Behold your tax dollars at work. OHIP has been ordered, for the third time, to pay for an out-of-country surgery for an Ontario trans, nonbinary patient who wants to keep the P while she gets the V. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account The provincial insurer argued that vaginoplasty is a listed, insured gender-affirming service — but only if it came along with the usual removal of the person's existing penis. But K.S., who doesn't identify as exclusively male or female, wanted to have both. Called penile-preserving vaginoplasty, the procedure creates a fully functional vagina without surgically removing the penis. According to the decision, K.S., who's sex assigned at birth was male, is female dominant and 'suffered physical, mental, and economic hardships to transition her gender expression to align with her gender identity.' In May 2022, her doctor submitted the required request for prior funding approval to OHIP for a vaginoplasty — but without the usually accompanying removal of her penis. '(K.S.) identifies as transfeminine but not completely on the 'feminine' end of the spectrum and for this reason it's important for her to have a vagina while maintaining her penis,' the doctor explained. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. Since that wasn't offered anywhere in Ontario, K.S. was asking for OHIP to fund the novel 'bottom surgery' at the Crane Center for Transgender Surgery in Austin, Texas. When OHIP denied coverage, insisting the vaginoplasty wasn't covered without a penectomy, K.S. successfully appealed to t he Health Services Appeal and Review Board where she testified that removing her penis carried risks of incontinence, sexual dysfunction and removal of her nonbinary identity. OHIP's expert, Dr. Yonah Krakowski, told the board that current opinion agreed that penile preservation vaginoplasty was experimental. ' There is no peer-reviewed literature to support its indications, or the surgical techniques used in the process. Further, there is no longer term data reporting psychological or physical outcomes,' said Krakowski, Division Head of Trans Surgery at Women's College Hospital. This advertisement has not loaded yet, but your article continues below. Still, the board agreed vaginoplasty without penectomy is a specifically listed service in OHIP's schedule of benefits and must be approved for public coverage. OHIP then took the matter to the Divisional Court, which also ruled in K.S.'s favour. Vaginoplasty and penectomy are listed as separate, approved surgeries under OHIP, the court found. And forcing someone to ' remove their penis to receive state funding for a vaginoplasty would be inconsistent with the values of equality and security of the person. ' Now, Ontario's highest court has also come down against OHIP's refusal. 'The vaginoplasty recommended for K.S. is an insured service because vaginoplasty is specifically included in the Schedule of Benefits' listing of specific sex-reassignment surgical procedures that are insured services, and because K.S. meets the stringent requirements for prior authorization of that surgery,' wrote Justice Benjamin Zarnett on behalf of the three-judge panel. This advertisement has not loaded yet, but your article continues below. Those requirements include assessments which confirm the patient has a diagnosis of gender dysphoria, underwent 12 continuous months of hormone therapy, lived for 12 continuous months in a gender role congruent with their gender identity, and is recommended for the surgery. Read More 'K.S. is pleased with the Court of Appeal's decision, which is now the third unanimous ruling confirming that her gender affirming surgery is covered under Ontario's Health Insurance Act and its regulations,' her lawyer John McIntyre wrote in an email to the Toronto Sun. According to the Canadian Civil Liberties Association, an intervenor in the case, 'the Court of Appeal for Ontario is a victory for equitable and non-discriminatory healthcare funding for trans, non-binary and gender diverse people in Ontario.' OHIP was also ordered to pay K.S.'s legal costs of $23,500 — on top of the $20,000 in costs they had to pay for their appeal to the Divisional Court. But really, that's out of our pockets, of course, including the thousands of (American) dollars it will cost for this out-of-country niche and experimental surgery. mmandel@ RECOMMENDED VIDEO World Columnists Toronto & GTA Canada Columnists
Vancouver Sun
24-04-2025
- Health
- Vancouver Sun
Ontario loses battle to refuse to pay for penis-sparing vaginoplasty for non-binary resident
Ontario's top court has ruled the province must cover the cost of an out-of-country, penis-sparing vaginoplasty for a 'transgender and non-binary resident' who wishes to have both female and male genitalia. Article content Article content In a unanimous decision released this week, a three-judge panel of the Ontario Court of Appeal confirmed a lower court's ruling ordering the Ontario Health Insurance Plan to pay for the patient, identified as K.S. in court records, to undergo the novel phallus-sparing surgery at a Texas clinic. Article content Article content Article content 'K.S. is pleased with the Court of Appeal's decision, which is now the third unanimous ruling confirming that her gender affirming surgery is covered under Ontario's Health Insurance Act and its regulation,' K.S.'s lawyer, John McIntyre, said in an email to National Post. Article content The legal battle between K.S., whose sex at birth was male, dates to 2022, when the Ontario Health Insurance Plan (OHIP) refused a funding request for surgery to construct a vagina while sparing the penis, a procedure this is not available in Ontario, or anywhere else in Canada. Article content OHIP argued that, because the vaginoplasty would not be accompanied by a penectomy, the procedure isn't one specifically listed in OHIP's Schedule of Benefits and therefore shouldn't be publicly funded. OHIP also argued that the requested surgery is considered experimental in Ontario and, thus, also ineligible for coverage. Article content K.S. appealed to the Health Services Appeal and Review Board, which overturned OHIP's refusal, arguing that 'vaginoplasty' should be covered, whether a penectomy, a separate procedure included on the list of publicly funded sex-reassignment surgeries, is performed or not. Article content Article content OHIP appealed that decision to the Divisional Court but lost again after the panel dismissed the province's appeal and declared the surgery, which leaves intact a functioning penis, an insured service. Article content Article content The province's latest appeal was heard on Nov. 26. The three-judge appeal court panel rejected OHIP's arguments that the proposed surgery isn't an insured service because it won't be accompanied by removal of the penis — a penectomy 'neither recommended by K.S.'s health professionals nor desired by K.S.,' according to the court's written decision. Article content K.S., who is in her early 30s, 'has experienced significant gender dysphoria since her teenage years, as well as physical, mental and economic hardships to transition her gender expression to align with her gender identity,' the court said.
National Post
24-04-2025
- Health
- National Post
Ontario loses battle to refuse to pay for penis-sparing vaginoplasty for non-binary resident
Ontario's top court has ruled the province must cover the cost of an out-of-country, penis-sparing vaginoplasty for a 'transgender and non-binary resident' who wishes to have both female and male genitalia. Article content In a unanimous decision released this week, a three-judge panel of the Ontario Court of Appeal confirmed a lower court's ruling ordering the Ontario Health Insurance Plan to pay for the patient, identified as K.S. in court records, to undergo the novel phallus-sparing surgery at a Texas clinic. Article content Article content 'K.S. is pleased with the Court of Appeal's decision, which is now the third unanimous ruling confirming that her gender affirming surgery is covered under Ontario's Health Insurance Act and its regulation,' K.S.'s lawyer, John McIntyre, said in an email to National Post. Article content The legal battle between K.S., whose sex at birth was male, dates to 2022, when the Ontario Health Insurance Plan (OHIP) refused a funding request for surgery to construct a vagina while sparing the penis, a procedure this is not available in Ontario, or anywhere else in Canada. Article content OHIP argued that, because the vaginoplasty would not be accompanied by a penectomy, the procedure isn't one specifically listed in OHIP's Schedule of Benefits and therefore shouldn't be publicly funded. OHIP also argued that the requested surgery is considered experimental in Ontario and, thus, also ineligible for coverage. Article content K.S. appealed to the Health Services Appeal and Review Board, which overturned OHIP's refusal, arguing that 'vaginoplasty' should be covered, whether a penectomy, a separate procedure included on the list of publicly funded sex-reassignment surgeries, is performed or not. Article content OHIP appealed that decision to the Divisional Court but lost again after the panel dismissed the province's appeal and declared the surgery, which leaves intact a functioning penis, an insured service. Article content Article content The province's latest appeal was heard on Nov. 26. The three-judge appeal court panel rejected OHIP's arguments that the proposed surgery isn't an insured service because it won't be accompanied by removal of the penis — a penectomy 'neither recommended by K.S.'s health professionals nor desired by K.S.,' according to the court's written decision. Article content K.S., who is in her early 30s, 'has experienced significant gender dysphoria since her teenage years, as well as physical, mental and economic hardships to transition her gender expression to align with her gender identity,' the court said. Article content K.S.'s doctor submitted a request to OHIP for prior funding approval for the surgical creation of a vaginal cavity and external vulva. The request made it clear that K.S. wasn't seeking a penectomy. Article content In a letter accompanying the request, her doctor said that because K.S. is 'not completely on the 'feminine' end of the spectrum' it was important for her to have a vagina while maintaining her penis, adding that the Crane Center for Transgender Surgery in Austin, Tx.,'has an excellent reputation' for gender-affirming surgery, 'and especially with these more complicated procedures.'
