A transgender woman undergoing treatment for advanced cancer has filed a lawsuit alleging severe discrimination by her surgical team, with claims supported by a secret audio recording made during an operation.
Allegations of Mockery and Record Changes
Jennifer Capasso, 42, initiated legal proceedings in the New York Supreme Court in March against the prestigious Memorial Sloan Kettering Cancer Center (MSK) in Manhattan. The lawsuit contends that staff at the world-renowned hospital misgendered her, altered her medical files without permission, and subjected her to ridicule while she was under anaesthesia.
Capasso became a patient at MSK following a diagnosis of stage 4 metastatic rectal cancer in 2020. She asserts that mistreatment persisted throughout her multi-year course of treatment at the facility. The most serious allegations stem from a surgery on 7 March 2022, to remove a malignant tumour from her lung.
A Secret Recording Reveals Derogatory Comments
Motivated by curiosity about the surgical findings, Capasso secretly recorded the procedure on her phone. The audio, she claims, captured operating room staff making derogatory comments about her gender identity. According to the legal complaint, staff remarked on her having 'man parts', stated that being transgender was 'not right' and 'doesn't make sense', and referred to both Capasso and her transgender partner as 'men'.
The recording allegedly captured a nurse announcing that Capasso 'still has man parts' and that she 'doesn't understand it'. Another team member reportedly repeated 'it's not right' twice. Staff also incorrectly referred to Capasso as 'a transgender man' and 'a male to female transgender'.
Medical Records Altered Without Consent
The lawsuit presents a further serious claim: during the surgery, a nurse noticed Capasso's sex was listed as 'female' in her patient records. This allegedly sparked a debate about hospital policy, leading the same nurse to call a hospital administrator to demand the designation be changed. Capasso alleges her records were changed from 'female' to 'male' without her knowledge or consent shortly after the surgery, and remained that way until early January 2025.
This action, if proven, would directly violate New York City's LGBTQ Health Care Bill of Rights. This legislation guarantees transgender patients the right to have their gender identity 'recognized, affirmed and documented' and requires staff to use a patient's 'designated name and pronouns'.
Hospital Denies Claims and Countersues
Memorial Sloan Kettering has robustly denied all allegations of discrimination in its court filings. The hospital argues that Capasso's 'secret' recording invaded the privacy of its healthcare workers and maintains it did not misgender her or change her sex designation.
MSK's lawyers stated: 'The secret recording captured portions of a discussion that occurred during surgery while plaintiff was under anesthesia in which staff members discussed plaintiff's transgender status with every reasonable expectation that plaintiff would not hear this discussion.' They added that the recording is 'largely inaudible, such that it is impossible to ascertain the speakers or the full context of their discussion.'
Capasso, who began her gender transition in 2015, told the New York Times she pursued 'radical surgical intervention' after her cancer diagnosis because she 'wasn't going to die looking like the way I looked'. Despite the alleged poor treatment, she continues to receive care at MSK due to its status as one of the best cancer hospitals in the United States. 'I'm still alive,' she said. 'I can't complain.'
The lawsuit alleges MSK's treatment violated city and state human rights laws prohibiting discrimination based on gender identity in healthcare. Capasso, whose cancer returned in August this year after an initial prognosis of 18 months, seeks justice through the legal system.
