Woman sues mother's doctor because she 'shouldn't have been born' and won

The star athlete, claiming that she should not have been born, sued her mother's doctor and won the right to compensation for damages, writes New York Post.

Photo: Shutterstock

Evie Toombs has filed a historic "misconception" case against a therapist because she suffers from spina bifida and is sometimes hooked up to tubes 24 hours a day.

In a 20-year-old woman's "wrongful conception" lawsuit, she is suing Dr. Philip Mitchell for not advising her mother to take life-saving supplements before pregnancy.

She is convinced that if the doctor told her mom Caroline that she needed to take folic acid to minimize the risk of spina bifida affecting her baby, she would delay conception.

This, in turn, would mean that Evie would never have been born at all.

And in a unique ruling from the High Court of London, Judge Rosalind Coe, QC, upheld Evie's case and entitled her to massive damages.

Her lawyers previously stated that the amount Evie is claiming has not yet been calculated, but confirmed that it will be "large" as it will cover the cost of her extensive care.

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In her ruling, the judge found that Dr. Mitchell did not tell Caroline about the importance of taking folic acid supplements prior to pregnancy.

And if she had been told, she would have postponed conception and instead would have given birth to another, perfectly healthy child, the judge added.

During her trial last month, the court heard that Caroline, 50, who is also an avid horse rider, went to Dr. Mitchell to discuss her plans for conceiving her first child in February 2001, her lawyer Susan Rodway said.

“It was a very valuable decision to start a family because she herself lost her parents when she was young,” Rodway told the judge. “She abstained from sexual relations until she received advice.”

But despite the discussion of folate during her intake, Caroline argued that Dr. Mitchell did not tell her about the importance of the drug in preventing spina bifida.

She explained to the judge that the doctor advised her to go home and "have a lot of sex," which Caroline found "somewhat rude."

“He convinced me it wasn’t necessary,” she noted. “I was told that if I had a good diet before, there was no need to take folic acid.”

Mrs. Rodway concluded that if Dr. Mitchell had properly consulted Caroline, she would not have become pregnant as quickly as she did.

She said she would put her pregnancy plans on hold, start taking folic acid treatment, and then try to get pregnant.

Landmark solution

If a woman really postponed pregnancy, she would have a "normal, healthy" baby, but one that would be "genetically different from Evie."

Evie was diagnosed with lipomylomeningocele (LMM), a form of neural tube defect in the spine that leads to permanent disability, after her birth in November 2001.

Her mobility is reported to be “very limited,” and as she gets older, she will become more and more dependent on a wheelchair. In addition, the girl suffers from bowel and bladder problems.

Physician Michael de Navarro denies responsibility and suggests that Caroline may have already been pregnant when she went to see Dr. Mitchell.

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According to him to the judge, Dr. Mitchell claimed to have given "sound advice" about the desirability of taking folate supplements.

He usually told parents-to-be: those preparing for pregnancy should take 400 mcg of folic acid for the entire first trimester.

He stated that he was telling the mother-to-be that if she had a good diet and good folate levels, supplementation would be less important. But, he argues, he did not say that they were not necessary.

However, the judge ruled against the doctor.

“Under the circumstances, I find that Mrs. Toombs was not pregnant at the time of her consultation with Dr. Mitchell,” she said in her opinion. — She was not advised to take folic acid before conception and during the first 12 weeks of pregnancy. She was not informed of the relationship between folic acid supplementation and the prevention of spina bifida/neural tube defects. If she had been given the right recommended advice, she would have put off trying to conceive.”

“Under such circumstances, a later conception could have occurred, resulting in a normal, healthy child. Thus, I believe that the plaintiff’s claim is satisfied,” the judge concluded.

The case will be returned to the court for determination of the full amount of Evie's compensation, unless the parties have agreed to do so outside of the court.

In addition to competing in show jumping competitions nationally and internationally, she works at the University of Nottingham.

Evie writes, "I was born with spina bifida, but the passion for life gives me purpose and direction."

In 2018, she met The Duke of Sussex and Meghan Markle when she won the Inspiration Young Person Award at a Wellchild charity event.

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