MC v. Aaronson: Difference between revisions

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'''M.C. vs Aaronson''' is a groundbreaking lawsuit against the [https://dss.sc.gov South Carolina Department of Social Services], [https://www.ghs.org/ Greenville Hospital System],[https://web.musc.edu Medical University of South Carolina]] and individual employees, including Dr. [[Ian Aaronson]], over a sexual reassignment/normalization surgery performed on a baby born with [[Intersex traits]], while the baby was in the custody of the state.<ref name="white2014">{{REFjournal

It is the first lawsuit of its kind filed on behalf an intersex child who was given sex assignment surgery while too young to give informed consent.<ref name="bennett-smith2013">{{REFnews

Court records indicate that at birth, M.C. was identified as a male. During a reflux surgery, "female organs were discovered" (In current nomenclature, this is referred to as [[Ambiguous genitalia]]). Doctors at the Greenville Hospital System concluded the baby was a "true hermaphrodite." (The word 'hermaphrodite' is no longer used to describe intersex or DSD conditions because it's biologically inexact and also offensive). M.C. was born with a relatively rare intersex disorder called ovotesticular DSD, which doctors say makes it particularly difficult to predict gender.

They referred the case to the [https://web.musc.edu Medical University of South Carolina] where ultimately, sex re-assignment surgery was performed in April 2006 on the then 1-year-old.

On April 18, 2006, when M.C. was 16 months old, Dr. [[Ian Aaronson]] operated on him at the Medical University of South Carolina (MUSC).  He reduced M.C.’s penis to look more like a clitoris ([[Clitoroplasty]]), cut up his scrotum to form labia, and removed his internal testicle tissue ([[Orchiectomy]]). Two other specialists also treated M.C.: Dr. Yaw Appiagyei-Dankah, who worked at MUSC, and Dr. James Amrhein from Greenville Hospital.

M.C.’s lawsuit–supported by the [https://www.splcenter.org Southern Poverty Law Center], among others–brought § 1983 claims against all defendants, alleging that they violated substantive and procedural due process rights guaranteed to M.C. by the 14th Amendment.  It also charged that that the doctors committed medical malpractice by failing to obtain adequate informed consent before proceeding. The District Court for the District of South Carolina denied the defendants’ motions to dismiss and rejected their defense of qualified immunity.

The Crawfords also want money to pay for treatment that M.C. will need during and after puberty, but they have not named a specific amount in their lawsuit. They don’t yet know what his treatment will entail or how much it will cost.  

In April of 2014, Dr. William F. Schmidt, medical director of the GHS Children's Hospital, sent WYFF a statement saying, "A thorough review of the medical files will show that treatment this child received while under our care was consistent with the highest standards of medical practice and medical ethics."<ref name="wyff2014" />

==Conclusion==

 

After four years of litigation (including a lengthy discovery process), the Parties agreed that it was mutually beneficial to amicably resolve this case. This case has been resolved and dismissed with no admission of liability or wrongdoing on the part of the Medical University of South Carolina, South Carolina Department of Social Services, or any of the physicians and/or employees.<ref name="splc2013"/>