opinion. ‘In doing so, WVDHHR caused a concrete injury to Plaintiff Fain by constructing an allegedly discriminatory barrier between him and health insurance coverage.
This barrier constitutes a concrete, non-speculative injury. Given this injury, Fain has standing to sue, and his claims challenging the policy are ripe for review.“To the extent that the Exclusion does not constitute an outright denial, the Court finds that a request for gender-confirming surgery would be futile,” Chambers continued. “To hold otherwise would require an individual to request a benefit even when he or she knows that the defendant maintains a clear policy to deny that request.