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The case against the transgender whistleblower in medicine Dr. Eithana Haim was dismissed with prejudice on Friday after a months-long legal battle.
“The United States has finally agreed to drop the case against Dr. Haim, and the court has just approved the dismissal,” said Marcella Burke, Eithan Haim’s attorney. Fox News Digital. “The case was dismissed with prejudice so the federal government can never come after him again because he publicized the secret pediatric transgender program at Texas Children’s Hospital.”
Haim was the subject of an criminal proceedings in progress launched by Biden’s Department of Justice (DOJ) after a document leaked to the media revealed that Texas Children’s Hospital in Houston performed transgender medical procedures on minors until May 2023. The hospital’s leadership announced that it had stopped offering sex-reassignment surgeries and puberty blockers a year earlier , after Texas Attorney General Ken Paxton ruled it constituted child abuse under state law.
Eithan Haim was a resident at Baylor School of Medicine from June 2018 to June 2023, where he worked at Texas Children’s Hospital. (Eitan Haim)
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The court’s ruling “completely vindicates Dr. Haim,” Burke said. “We thank everyone who helped bring this egregious injustice to light and are grateful to have secured this victory on behalf of our client.”
“The fight against the evils he exposed continues, but this dismissal represents a rejection of the arming of federal law enforcement and the first step in accountability for the wrongdoing we have all witnessed in this case.”
The firing reportedly came after Sen. Josh Hawley, R-Mo., spoke with Trump’s DOJ leadership about the case, urging them to “immediately end the malicious prosecution of Biden administrator” Haim, “a courageous whistleblower who exposed illegal sex-change operations at minors in Texas,” Hawley wrote on X. “He should be thanked, not prosecuted.”
“Following my call this morning, I am pleased to report that Trump’s DOJ is now moving toward DISMISSING this illegitimate prosecution,” Hawley announced X a few hours later.
dr. Eithan Haim claimed the hospital was secretly continuing gender-affirming care practices despite claims the program would be disbanded. (The Ingraham Angle/Screengrab)
Haim was a resident at Baylor College of Medicine from June 2018 to June 2023 and worked at Texas Children’s Hospital during part of his internship. In a piece published in the Manhattan Institute’s City Journal, Haim claimed that three days after announcing that transgender medical procedures had stopped, a surgeon implanted a hormone device in an 11-year-old girl with gender dysphoria. Then, over the next year, Haim said multiple colleagues told him they were implanting puberty-blocking devices in transgender minors.
DOJ prosecutors said medical records Haim sent to City Journal’s Chris Rufo were released with the children’s names, but Haim’s attorneys say all patient information was redacted. The DOJ accused Haim of violating the Health Insurance Portability and Accountability Act (HIPAA), which protects patients’ health information and gives them rights over their health records.
Namely, HIPAA regulations allow the disclosure of protected information to stop outrageous medical malpractice. Haim said his wife spent more than $200,000 fighting the DOJ.
Between the original May 29 indictment and the second Oct. 10 indictment, the DOJ changed some of its language, removing any mention of “HIPAA-protected” information and changing the victims of alleged harm caused by Haim’s actions from “TCH’s physicians and patients.” for “TCH and its doctors.”
Eithan Haim’s lawyers said the dismissal fully vindicates him. (Eitan Haim)
Fox News Digital previously published in December that the prosecutor leading the charge against Haim was withdrawn from the case after information revealed a major conflict of interest related to her family’s involvement in the hospital system.
Additionally, according to attorneys in the case and court documents reviewed by Fox News Digital, the DOJ had information refuting the HIPAA violations from the beginning.
The DOJ initially argued that Haim did not provide care to TCH patients after 2021, which was used as the basis for its claims that Haim had no reason to access patient records but unsealed documents refute this claimaccording to Haim’s lawyers.
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Fox News’ Nikolas Lanum and Nate Foy contributed to this report.
