EXCLUSIVE: Elon Musk Funds Suit Against Texas Children’s For ‘Malicious Prosecution’ Of Eithan Haim

Elon Musk is funding a lawsuit from the Texas doctor who is accusing Texas Children’s Hospital and multiple physicians of crafting “malicious” lies about him to destroy his career as they attempted to cover up their efforts to transition children.

Dr. Eithan Haim blew the whistle on Texas Children’s Hospital in May 2023, unveiling proof that the hospital had lied about ending its transgender medical program and was still performing attempted transition procedures on children as young as 11. His disclosures showed the hospital was breaking the law, as Texas had just passed a bipartisan law to ban the procedures.

One month later he received a visit from federal agents — and he quickly realized he was on former president Joe Biden’s target list. His lawsuit, filed this month in Texas, says that individuals at the hospital worked with Biden’s Department of Justice “by devising a scheme to destroy his career and put him behind bars.”

Haim, who first came forward about the legal crusade against him to The Daily Wire in January 2024, suffered the consequences of severe federal scrutiny for more than a year, until President Donald Trump took office in January 2025. Trump’s Justice Department dropped the case. His lawsuit says they were “dismissed with prejudice because they were founded on lies, not facts or law.”

“The judge just signed it! It’s fucking over!”

I was just on the phone with @EithanHaim as his wife told him that the judge officially dismissed DOJ’s case against him.

Pure jubilation. Amazing guy who Biden put through hell.

— Brent Scher (@BrentScher) January 24, 2025

Now he’s looking for payback against the hospital that put him in the mess. He says it’s fitting that Musk is backing the lawsuit, because of how important Musk’s platform X was to his initial fight.

“The only way I was able to fight back against an unjust prosecution was to tell the truth. And the only way for people to see the truth was because of X,” Haim told The Daily Wire. “For this reason, they have proven themselves to be an incalculable force for good at a time when it’s most important.”

The Lawsuit

Haim is suing Texas Children’s Hospital, Baylor College of Medicine, Dr. Larry Hollier Jr., a board-certified plastic surgeon, Dr. Kristy Rialon, an associate professor of surgery at Baylor College of Medicine and pediatric surgeon at Texas Children’s, and Afsheen Davis, the general counsel for Texas Children’s.

The lawsuit challenges “the malicious prosecution against Dr. Haim for blowing the whistle on Texas Children’s Hospital’s efforts to conceal the existence of their Transgender Health Program.”

Hollier was the key witness who “knowingly lied” to federal authorities at HHS, FBI, and DOJ to “fabricate a story that would serve as the predicate for the criminal investigation and eventual prosecution” against Haim, the lawsuit states.

Rialon posted a number of “anonymous defamatory reviews” on Haim’s public WebMD profile while he was still an anonymous whistleblower and his identity had not been made public. Her reviews, according to the lawsuit, “accused him of mutilating and raping his patients.” In one post, she pretended to be a female patient who had been raped by Haim.

Her posts, according to the lawsuit, were intended to encourage the government’s prosecution as well as punish Haim for “exposing Texas Children’s Hospital’s deception and her complicity in the misconduct.” Rialon admitted to the FBI that she posted these claims against Haim under fake names, the lawsuit notes.

The final defendant, Texas Children’s general counsel and senior vice president Afsheen Davis, was lead counsel when the hospital met with federal agents to “encourage the investigation” into Haim.

‘Blacklisted’

The lawsuit extensively cites the reporting and social media posts of journalist Chris Rufo, who broke Haim’s story when he was anonymous whistleblower, and who continued to cover Haim’s plight throughout the DOJ’s prosecution. Rufo also published the story of a whistleblower who was inspired by Haim to step forward, Vanessa Sivadge, who also received visits from federal authorities.

Haim’s lawsuit alleges that the individuals and institutions named as defendants “concocted” a story that his disclosures had violated HIPAA, an allegation he says they knew to be false. They found ready partners at the Biden administration HHS, FBI, and DOJ, his lawsuit notes, “particularly Assistant United States Attorney Tina Ansari.”

Ansari’s family has “substantial financial and political ties” to Texas Children’s Hospital and Baylor College of Medicine, a fact that Haim’s lawyers pointed out to the DOJ in November 2024, causing her to withdraw from the case. Haim and his suit argue that the other individuals named in the lawsuit saw Ansari as a “willing accomplice” given these family ties, and her quick moves to target Haim before fully even understanding the allegations against him.

“Dr. Haim’s budding reputation and career as a surgeon were severely damaged as a direct result of Defendants’ unconscionable and vindictive conduct,” the lawsuit says. “Having moved to Rockwall County in September 2023, Dr. Haim was embarking on a promising career.”

“However, because of the pretextual investigation and sham prosecution against him, Dr. Haim has been blacklisted from major hospitals and surgical practices, unable to obtain valuable credentialing or privileges despite being otherwise qualified,” the suit continues. “Haim was forced to constantly fend off and refute false claims that he violated HIPAA and engaged in a host of other unethical behaviors, including the malicious accusations Defendant Dr. Rialon made about him on WebMD and other Google physician reviews.”

This was particularly egregious when it came to media reporting on Haim’s case: the New York Times, Boston Globe, New York Post, and other outlets repeated the false allegations in the indictment as they covered the charges against him, the lawsuit notes. That reporting included the suggestion that he intended to harm children.

Haim’s lawsuit argues that the long term effects of this reporting can be seen in a January 2025 Washington Post article in which the publication asks readers whether or not the agreed with the DOJ’s decision to drop charges against Haim, “the Texas doctor accused of sharing transgender care data.”

“It received over 750 comments,” the lawsuit says. “The comments were overwhelmingly negative and vilified Dr. Haim by echoing Defendants’ knowingly false allegations, that he had violated HIPAA by accessing and sharing confidential medical records related to transgender care.”

“The malicious prosecution of Dr. Haim made the false allegations the focus of national news. Additionally, believing the false narrative perpetuated by Defendants, many Washington Post readers expressed misguided outrage at the decision to drop the case, believing that it set a dangerous precedent for patient privacy. Commenters called for Dr. Haim to lose his medical license and face legal consequences.

The suit argues that Haim’s surgical and academic career has been “irreparably limited,” that he’s incurred heavy attorneys’ fees and costs, that he has suffered severe emotional distress, and his standing in the community has been harmed so egregiously that he “fears for his life,” due to the number of death threats he received based on the false allegations against him.

Haim has had to take “additional security measures to protect himself and his family,” and “he has suffered and continues to suffer from persistent fear of physical violence due to the large number of threats he has received at home and at work.”

Haim says he is “eternally grateful” for the support of not just Musk and X, but also the lawyers who supported him since the charges were first brought against him.

“I am eternally grateful for Elon Musk, X Corp, and the legal teams at Schaer Jaffe and Burke Law Group for supporting me in this effort,” Haim told The Daily Wire.

Haim says he owes his deepest gratitude to his attorney Marcella Burke, “the person who has stood by me from the very beginning.”

“She took the greatest risk in representing me and endlessly sacrificed for the next two years,” Haim said. “It’s not enough to say she is my lawyer, but rather a guardian angel. She is the reason my wife has her husband and my daughter, her father.”