A Gaston County judge has dismissed Prisha Mosley’s fraud and conspiracy-to-fraud claims against medical providers who performed her gender transition procedures. The ruling rejected efforts to revive her medical malpractice claim, despite a key revision of the statute of limitations passed in the state legislature earlier this year.
Judge Robert C. Ervin, presiding over a special session of Civil Superior Court in Gaston County, concluded:
“The Court concludes, with respect to all of the motions listed above, that there are no genuine issues of material fact in this case and that all of the defendants are entitled to judgment as a matter of law.”
The judge granted summary judgment in favor of all defendants, dismissing Mosley’s claims “with prejudice,” meaning they cannot be refiled.
In 2023, Mosley sued several health care professionals, alleging fraud, negligence, and malpractice tied to gender transition interventions she has since come to regret. While her fraud-related claims initially survived a dismissal, her malpractice claims were previously thrown out due to North Carolina’s four-year limit on medical malpractice lawsuits.
This changed when the state legislature passed House Bill 805, extending the malpractice statute of limitations for gender-transition-related cases to 10 years. The law, which took effect on July 29, allowed many previously time-barred cases to potentially move forward.
Despite the new law, last week the Civil Superior Court granted summary judgment against Mosley. The judge dismissed all fraud and conspiracy claims and ruled that her medical malpractice claim is not revivable under the new statute, even with the extended timeline.
Mosley’s complaint named several medical providers and organizations, including Piedmont Plastic Surgery and Dermatology, P.A.; Family Solutions, PLLC; Tree of Life Counseling, PLLC; and The Moses Cone Memorial Hospital Operating Corporation (Cone Health).
The ruling prompted swift criticism from the NC Values Coalition in a press release.
“People like Prisha deserve the ability to hold the doctors who committed medical malpractice against them with harmful gender transition interventions accountable. Judge Ervin was wrong to deny her motion,” said executive director Tami Fitzgerald.
Mosley’s legal team is expected to file an appeal.
“The research is clear that the judge’s ruling should be reversed on appeal,” said NC Values Coalition general counsel Mary Summa. “Even at the time Prisha was given puberty blockers, cross sex hormones, and had her breasts surgically removed, there was no substantive evidence showing that these procedures met a standard of care. Furthermore, she was not properly advised as to the consequences of taking these drugs or undergoing surgery. There are issues of material facts, and they need to be addressed to bring justice for Prisha.”
If an appeal is successful, the malpractice claim could be reinstated, potentially making this case a landmark for detransitioner litigation nationwide. A decision on that front could dramatically reshape accountability in cases involving long-term harms from earlier gender transition procedures.