Mosley’s legal team hopeful of appellate court win by end of December

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(The Center Square) – Possible evidence of fraud in the case of Prisha Mosley appeared to resonate with judges at the North Carolina Court of Appeals, says one of her lawyers.

Counsel is hopeful of reinstatement of the case before the end of the calendar year, allowing Mosley to continue pursuit of medical malpractice against eight defendants. Her case, like the $2 million settlement awarded Fox Varian in New York, has drawn national attention to detransitioners filing medical malpractice litigations.

“We are hopeful that the court of appeals will reinstate Prisha’s case, which would allow her to have a jury trial,” Josh Payne told The Center Square in a digital interview. “That would be her opportunity to present her evidence to a jury of ordinary citizens, who would decide whether the defendants committed fraud and malpractice as we allege they did.”

Defense lawyer Matt Sawchak tested Mosley’s claims on fraud and conspiracy, saying they were all part of medical malpractice within the meaning of Chapter 90 and thus barred by the four-year statute of repose.

“Fraud can’t be labeled into the malpractice, can it?” Judge John Arrowood asked Sawchak. “They’ve alleged a plethora of facts that perhaps would lead a jury to determine fraud here. Those can’t be swept away by saying, ‘Well, this is all a malpractice claim.’ Can they?”

Payne said Arrowood’s response is potentially pivotal.

“I believe the most pivotal part of the argument was when we outlined the evidence of fraud that we presented to the trial court – how Prisha was told she was really a man or could become a man if she took testosterone and underwent the surgery, and how defendants concealed important information from her about the medical transition process,” Payne told The Center Square. “It clearly resonated with the panel of appellate judges.”

Payne, of the Campbell Miller Payne firm headquartered in Dallas, was at the plaintiff’s table with Anthony Biller of Raleigh. Troy Shelton, a Raleigh lawyer, handled the appellate advocacy for Mosley.

At age 17, Mosley’s healthcare known colloquially and politically as “gender-affirming” included testosterone injections and a double mastectomy. While a July 2023 litigation failed, state law in 2025 changed the statute of limitations reopening her chance at justice and possibly a landmark decision equal to or greater than the $2 million verdict earlier this year awarded Varian.

Born a female, surgeries were performed to change Mosley to a boy. State law in 2025 made North Carolina the 18th state to define men and women in its General Statutes and also increased the statute of limitations to 10 years for those seeking justice for harm from gender transition.

Her litigation charges healthcare providers with medical malpractice, negligence and fraud.

Mosley, now living in Michigan, filed the lawsuit in Gaston County in July 2023. At the time, the statute of limitations was generally three years and had an absolute cutoff at four.

Defendants are Dr. Eric Emerson; Piedmont Plastic Surgery and Dermatology; Brie Klein-Fowler; Family Solutions; Shana Gordon; Tree of Life Counseling; Dr. Martha Fairbanks Perry; and Moses Cone Memorial Hospital, doing business as Cone Health.

Plaintiff listed in the litigation is Charlie Mosley, also known as Prisha Mosley, also known as Abigail Mosley.

“The next step in the process is for the court of appeals to issue its decision on Prisha’s appeal,” Payne said. “We expect a written opinion outlining the decision as soon as December because the Court of Appeals has an internal goal of issuing opinions within 90 days after argument, although it could take longer. If Prisha wins the appeal, we would hope to see her trial set soon after that – within months.”