A showjumping star who sued her mother’s doctor for allowing her to be born has won the right to millions in damages in a landmark High Court ruling today, December 1, 2021.
Judge Rosalind Coe, backed Evie Toombes’ case and awarded her the right to a huge compensation payout. According to some reports, Evie’s lawyers disclosed that the amount she is claiming has not yet been calculated, but confirmed that it would be “big” since it would cover the cost of her extensive care needs for life.
The judge ruled that had Evie’s mother been “provided with the correct recommended advice, she would have delayed attempts to conceive”.
“In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child”.
Judge Rosalind
The ground-breaking ruling suggets that a healthcare professional can now be found liable for negligent pre-conception advice which results in the birth of a child with a serious health condition.
Details of Evie’s Lawsuit
Twenty-year-old Evie Toombes, was born with spina bifida and sometimes spends 24 hours a day connected to tubes. Despite that, she has forged a career in showjumping, competing against both disabled and able-bodied riders. She has also gone on to meet with Prince Harry and Meghan Markle.
Last month, in “wrongful conception” damages claim, Evie, from Skegness, Lincolnshire, sued Dr. Philip Mitchell over his failure to advise her mother, Caroline Toombes, to take vital supplements before getting pregnant.
Evie claimed that if the doctor had told her mother that she needed to take folic acid supplements to minimize the risk of spina bifida affecting her baby, she would have put off getting pregnant until she had done so, and as a result, Evie would never have been born at all.
The High Court heard how 50-year-old Mrs. Toombes went to visit Dr. Mitchell at the Hawthorn Medical Practice in Skegness to explain her plans on having her first baby in February 2001.
Evie’s barrister, Susan Rodway, told the court how Mrs. Toombes had been keen to start a family after losing both her parents. According to barrister Rodway, this was a very precious decision because of her loss.
However, despite discussing folic acid during the consultation, Mrs. Toombes insists she was not told by Dr. Mitchell of its significance in spina bifida prevention.
Mrs. Rodway stated that had Mrs. Toombes been adequately advised by her doctor, she would not have proceeded with her pregnancy as hastily as she did.
“If she had been put off getting pregnant, she would have had a ‘normal, healthy’ baby – but one who was a ‘genetically different person’ to Evie”.
Mrs. Rodway
However, Dr. Mitchell denied all claims as his barrister, Michael De Navarro QC, insisted in his defense that he gave “reasonable advice” about the desirability of folic acid supplements being taken.
According to Dr. Mitchell’s barrister, it was the doctor’s common practice to tell potential parents that 400 micrograms should be taken by those gearing up for pregnancy and all through their first trimester. He also claimed that Dr. Mitchell surely would have advised the mother to have a good diet and good folic acid levels and denied saying supplements were not necessary.
The court also heard how Evie’s mobility is very limited and will need a wheelchair more than ever as she grows older, whilst suffering from bowel and bladder disorders.
Despite Evie’s circumstance, she still educates children about invisible illnesses and works at Nottingham University. According to her own website, Evie describes her motto in life as: “Find a way, not an excuse”.
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