Dallas‑based attorney Josh Payne and Raleigh counsel Anthony Biller are optimistic that the North Carolina Court of Appeals will reinstate the medical malpractice case filed by Prisha Mosley, a 17‑year‑old who underwent pediatric gender treatments and now seeks a jury trial.
Legal background
Mosley’s original lawsuit, filed in Gaston County in July 2023, alleged fraud, negligence and malpractice by eight health‑care providers, including Dr. Eric Emerson, Piedmont Plastic Surgery and Dermatology, and Cone Health. At the time, North Carolina’s statute of limitations for such claims was three years, with an absolute cutoff at four years, which barred the case.
In 2025 the state amended its General Statutes, redefining men and women and extending the limitations period to ten years for individuals harmed by gender transition procedures. This change reopened Mosley’s opportunity for relief and set the stage for a potential landmark decision.
Appeal arguments
Payne told The Center Square that the appellate panel appeared receptive to the fraud evidence, noting that Judge John Arrowood asked defense lawyer Matt Sawchak, “Fraud can’t be labeled into the malpractice, can it?” The judge’s question, Payne said, underscores the court’s willingness to examine whether defendants concealed critical information about the transition process.
According to Payne, Mosley was told she could become a man by taking testosterone and undergoing surgery, and that providers failed to disclose essential risks. He argues that these alleged deceptions rise above ordinary malpractice and merit a separate fraud claim.
Defense position
Defense counsel contended that Mosley’s allegations fall within the scope of ordinary medical malpractice under Chapter 90 and are therefore barred by a four‑year statute of repose. The defense maintains that the claims do not constitute independent fraud.
Potential impact
If the appellate court reinstates the case, Mosley would move to a jury trial, giving ordinary citizens the chance to weigh the evidence. A favorable ruling could influence future litigation involving pediatric gender treatments and may prompt other states to reevaluate their limitation periods.
Payne noted the court’s internal goal of issuing opinions within 90 days of argument, suggesting a written decision could arrive by December. A win on appeal would likely set a trial date within months, accelerating the legal process.
Who’s involved
The plaintiffs’ team includes Payne of the Campbell Miller Payne firm, Biller of Raleigh, and Troy Shelton, who handled appellate advocacy. Defendants range from individual physicians to health systems such as Cone Health.
Mosley now resides in Michigan, but the case remains anchored in North Carolina law, reflecting the state’s recent legislative shift on gender‑related medical issues.
Original reporting: KTBS 3 (Shreveport) — read the source article.
