A transgender patient secretly recorded a cancer surgery and later sued after hearing hospital employees seemingly discuss his identity during the operation, The New York Times (NYT) reported Monday.
Jennifer Capasso, a 42-year-old biological male who identifies as a woman, underwent a cancer surgery at the renowned Memorial Sloan Kettering Cancer Center hospital in New York City in 2022. Capasso was able to stash his belongings in a bag that followed him into surgery, including a phone, and began recording the surgery before the anesthesia kicked in, according to the NYT. (Subscribe to MR. RIGHT, a free weekly newsletter about modern masculinity)
Several hospital employees allegedly discussed Capasso’s transgender identity throughout the surgery, though the hospital denies that the employees were mocking Capasso’s identity, according to court filings cited by the outlet.
“Not that it’s not right,” one person said in the recording, according to the NYT.
“It’s not,” another voice reportedly replied.
“It doesn’t make sense.”
“I don’t get any of it, I’m sorry.”
SAN FRANCISCO, CALIFORNIA – JUNE 27: A marcher waves a transgender pride flag during the 21st annual Trans March on June 27, 2025 in San Francisco, California. Thousands of people marched through San Francisco during the 21st annual Trans March that kicks off San Francisco Pride weekend. (Photo by Justin Sullivan/Getty Images)
Another employee reportedly suggested that it is “hard to understand” transgender identity “because you don’t see it every day; you’re not living it.”
Memorial Sloan Kettering suggested in response to the lawsuit that Capasso’s actions raised concerns about the health care workers’ privacy, the NYT reported.
“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,” lawyers for the hospital wrote, according to the NYT.
Sloan Kettering had also allegedly changed Capasso’s sex designation from female to male in hospital records, according to the NYT. In court papers, however, the hospital has maintained that “its records accurately reflect Plaintiff’s sex assigned-at-birth as male” and that “[s]uch information is relevant to and necessary for the provision of standard-of-care treatment.”
At one point in the recording, workers sounded confused by the female designation and wondered aloud if they should update Capasso’s records, the outlet reported. One worker reportedly said, “They’re ordering pregnancy tests on the patient, too,” even though Capasso is a biological male.
NEW YORK, NEW YORK – OCTOBER 13: View of the Ralph Lauren Fragrances x Lewis Miller Design Flower Flash in front of Memorial Sloan Kettering Ralph Lauren Center (RLC) in Harlem to raise awareness for the 20th anniversary of Ralph Lauren’s Pink Pony Campaign and honor healthcare workers and those struggling with cancer. The flowers used in the flash were inspired by the Ralph Lauren Romance Pink Pony Edition fragrance, featuring roses, peonies and 20 shades of pink florals. (Photo by Dimitrios Kambouris/Getty Images for Ralph Lauren Fragrances)
Although he has drawn much attention to his transgender identity, Capasso told the NYT that he only wanted good cancer care.
“I don’t want them concentrating on my transgender status,” he said of the hospital and its employees. “I’m going there for them to keep me alive, and hopefully cure me.”
Eventually, the hospital did update Capasso’s sex designation back to female in its electronic medical record system in January, the outlet reported.
But in August, Capasso’s cancer returned. In an ironic twist, Capasso returned to the hospital that he had sued, telling the NYT that Sloan Kettering is “the best.”
“I’m still alive,” he said. “I can’t complain.”
