A 20-year-old woman who sued her mother’s doctor claiming that she should never have been born – has won millions in damages.
Born with a spinal defect, Evie Toombes sometimes spends her days attached to tubes. In her lawsuit, Evie claimed that had her mother’s general practitioner Dr Philip Mitchell advised her on the need to take folic acid supplements to minimize the risk of spina bifida affecting her baby, she would have delayed conceiving and Evie would not have been born.
In a landmark verdict at the London’s High Court today, Judge Rosalind Coe QC backed Evie’s case and observed that had her mother been properly advised, she would have delayed her pregnancy.
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“In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child,” the judge ruled, awarding Evie rights to millions in damages.
“I was advised that if I had a good diet previously, I would not have to take folic acid,” Evie’s mother told the court, backing Evie’s claim.
Evie is a showjumper and has competed against both disabled and able-bodied riders.