A transgender cancer patient in New York City has filed a lawsuit against the Memorial Sloan Kettering Cancer Center, alleging improper changes to her medical records and discriminatory commentary during a tumor-removal surgery that left her feeling unsafe in a space where she depended on care.
The plaintiff, Jennifer Capasso, states in the complaint that her sex designation was changed to male without her consent in early 2022 after two years of lung cancer treatment in which she was correctly listed as female. The lawsuit claims repeated requests to correct the record went unresolved for nearly three years, creating distress while she navigated multiple cancer recurrence events, treatments, and additional tumor removals.
The suit also alleges that operating-room staff discussed her transgender identity while she was under anesthesia for a lung tumor removal. According to transcripts of the public recording, staff used inappropriate language about her body and identity. She recounts hearing the recording later and recognizing voices she says belonged to surgical team members. The lawsuit asserts that nurses made remarks about her anatomy and questioned the legitimacy and logic of being transgender. The complaint also says staff referred to Capasso and her also-trans partner using male labels that did not match their identities.
Capasso included claims under New York State Human Rights Law and New York City gender-identity protections. Her filing argues that altering her sex designation mid-treatment undermined her autonomy and placed her into a category that repeatedly triggered bias in clinical, administrative, and surgical spaces.
Supporters describe this case as a flashpoint for how hospitals operationalize non-discrimination standards for transgender patients in critical surgeries and life-saving care. Advocates note that while many hospitals publicly support equality, accountability must also exist internally, particularly in operating rooms where patients cannot speak for themselves.
Capasso said in a public statement that the experience worsened the emotional toll of her illness. She shared that the alleged bias did not just feel like paperwork, but like an attack on her safety and dignity during an already frightening medical journey. “The discrimination affected me deeply and made me feel unsafe,” she said in a quote included in the public court filing.
The Memorial Sloan Kettering Cancer Center has not released a statement responding to the lawsuit at this time. Legal experts say the case may test how the health system balances medical charting rules, patient consent, and protections for gender identity, especially when changes are made mid-treatment. It also highlights the emotional reality that comes when institutional safeguards break down during moments when patients are most vulnerable.
The lawsuit is ongoing in New York Supreme Court. Capasso is seeking damages, record correction, and stronger institutional accountability for gender-identity protections in surgical spaces. Her case underscores a simple truth: surviving cancer should not also mean surviving bias in the process.
