20-year-old Evie Toombes, who sued mom's doctor for allowing her to be born, wins millions
Judge Rosalind Coe QC ruled that if Evie's mother, Caroline, had been given the correct advice, then she would have avoided her attempts to conceive
In what is being considered a ground-breaking ruling, a 20-year-old woman, Evie Toombes, who sued her mother's general practitioner claiming that she should never have been born has now won millions in damages.
Toombes is a para-showjumping star in Lincolnshire who suffers from spina bifida since birth. Under this condition, the patient suffers from a gap in the spine as it fails to develop in the womb.
Evie launched a "wrongful conception" case against her mother's doctor as she claimed that her mother's doctor, Dr Philip Mitchell failed to prescribe her vital supplements which led to her condition. She claims that Philip failed to tell her to take folic acid during pregnancy.
Judge Rosalind Coe QC ruled that if Evie's mother, Caroline, had been given the correct advice then she would have avoided her attempts to conceive. Following this, there would have been later conception resulting in a normal healthy child.
"In the circumstances, I find that Mrs Toombes was not pregnant at the time of the consultation with Dr Mitchell," she said in her judgment.
"She was not advised in accordance with the guidance to take folic acid prior to conception and for the first 12 weeks of pregnancy."
'In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child. I, therefore, find that the claimant's claim succeeds on liability," she added.
Dr Philip Mitchell denies liability and claims that he gave Caroline 'reasonable advice.'
Her mother said, ''He told me it was not necessary. I was advised that if I had a good diet previously, I would not have to take folic acid.''
Evie had to spend some days connected to tubes for up to 24-hours-a-day because of her condition.
However, despite her condition, Evie has formed a career in showjumping and she competes against both disabled and able-bodied riders.
(With inputs from agencies)