A star showjumper who sued her mom’s doctor, claiming she should never have been born, has won the right to millions in damages.
Evie Toombes launched the landmark “wrongful conception” case against the GP as she suffers from spina bifida and sometimes spends 24 hours a day connected to tubes.
The 20-year-old’s “wrongful conception” claim saw her take Dr. Philip Mitchell to court over his failure to advise her mother to take vital supplements before getting pregnant.
She alleged that had the medic told her mom, Caroline, that she needed to take folic acid to minimize the risk of spina bifida affecting her baby, she would have put off conception.
This in turn would have meant Evie would never have been born at all.
And in a unique ruling at London’s High Court today, Judge Rosalind Coe QC backed Evie’s case and awarded her the right to a huge compensation payout.
Her lawyers earlier said the amount Evie is claiming had not yet been calculated but confirmed that it would be “big” since it would cover the cost of her extensive care needs for life.
Evie, who has forged a career in showjumping — competing against both disabled and able-bodied riders — had sued for “wrongful conception” for “having been born in a damaged state,” her barrister Susan Rodway QC told the court.
The judge found that Mitchell had not told Caroline, of Skegness, Lincolnshire, of the importance of taking folic acid supplements before getting pregnant.
And if she had been told, she would have delayed conceiving and instead had a different, totally healthy, baby, the judge added.
During the trial last month, the court heard that 50-year-old Caroline — who is also a keen horsewoman — had gone to see Mitchell at the Hawthorn practice to discuss her plans to have a first baby in February 2001.
“This was a very precious decision to start a family because she herself had lost her parents when she was young,” Rodway told the judge.
“They had been refraining from sexual intercourse until after they had received advice at this consultation.”
But despite discussing folic acid during the appointment, Caroline claimed she was not told by Mitchell of its importance in spina bifida prevention.
She told the judge that the doctor had told her to go home and have “lots of sex,” which she found “somewhat blunt.”
“He told me it was not necessary,” she said. “I was advised that if I had a good diet previously, I would not have to take folic acid.”
Rodway said that, had Caroline been properly advised by Mitchell, she would not have gone on to conceive as quickly as she did.
She would have paused her pregnancy plans, started a course of folic acid treatment and then attempted to conceive, she claims.
Landmark ruling
“It is her evidence she would have read up on it and wouldn’t have attempted to become pregnant until she was satisfied that she had protected herself as much as possible,” she said.
If she had indeed put off getting pregnant, she would have had a “normal, healthy” baby — but one who was a “genetically different person” from Evie, the QC added.
Evie was diagnosed with a lipomylomeningocoele (LMM), a form of neural tube defect to the spine leading to permanent disability, after her birth in November 2001.
Her mobility is said to be “very limited” and she will depend more and more on a wheelchair as she grows older, while she also suffers from bowel and bladder issues, the court heard.
She has previously spoken about her issues on the ITV show “Hidden Disabilities: What’s The Truth?”
Michael De Navarro QC, representing the doctor, denied liability, suggesting that Caroline might already have been pregnant when she went to see Mitchell.
He told the judge that Mitchell claimed to have given “reasonable advice” about the desirability of folic acid supplements being taken.
It was his usual practice to tell prospective parents that 400 micrograms should be taken by those preparing for pregnancy and all through their first trimester.
He said he would have told the mother that if she had a good diet and thus good folic acid levels anyway, supplements would be less important, but denied saying they were not necessary.
However, today, Coe ruled against the doctor.
“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.
“She was not advised about the relationship between folic acid supplementation and the prevention of spina bifida/neural tube defects.
“Had she 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. I, therefore, find that the claimant’s claim succeeds on liability.”
The case will return to court to decide the full amount of Evie’s compensation unless agreed by the parties outside of court.
According to her own website, Evie describes her motto in life as: “Find a way, not an excuse.”
As well as competing in showjumping, nationally and internationally, she educates children about invisible illnesses and works at Nottingham University.
She writes: “I was born with a form of spina bifida … but having a passion in life gives me purpose and direction.”
In 2018, she met Prince Harry and Meghan Markle when she won the Inspiration Young Person Award at a Wellchild charity event.
This article originally appeared in the Sun and was reproduced here with permission.
